Sources: Kentucky Revised Statutes Annotated, 1986, Title 12; 1991 Replacement Volume
STATE WILDLIFE POLICY
The policy of Kentucky is to protect and conserve wildlife to insure a permanent and continued supply of state wildlife resources for furnishing sport and recreation for present and future residents; to promote the general welfare; to provide for the prudent taking and disposition of wildlife; to protect the food supply of this state; and to insure the continuation of an important part of the state's commerce which depends upon the existence of its wildlife resources. It is further the declared policy that an adequate and flexible system be installed to accomplish the aforesaid purposes (150.015).
PROTECTED SPECIES OF WILDLIFE
No person shall import, transport, possess for resale or sell endangered species, hides, skins, or parts, or articles made from same of a species designated as endangered by the Department's regulations, except as provided in this section. As used in this section, "endangered species" means a species seriously threatened with worldwide extinction or in danger of being extirpated from Kentucky. The regulations promulgated shall include, but not be limited to, all species designated as endangered by the US Secretary of the Interior on January 1, 1973. The Department may permit, with conditions, the importation, transportation, possession, or sale of a species otherwise prohibited pursuant to this section for zoological, educational, or scientific purposes, and for propagation of such wildlife in captivity for preservation, except as prohibited (150.183).
No person shall: take a wild bird, except game birds or live raptors for which there is an open season, either under Department laws and regulations or US laws, but this chapter does not protect or limit taking of crow, starling, or English sparrow by a person with a hunting license; take, disturb or destroy the nest or eggs of wild birds, except raptors as prescribed by regulation; take, pursue, possess, transport, purchase or sell or attempt to do so, migratory birds, except as authorized by the Migratory Bird Treaty Act and regulations. No person age 16 or older shall hunt waterfowl unless, in addition to a hunting license and waterfowl stamp, the person possesses a migratory bird hunting stamp as required by the Migratory Bird Hunting Stamp Act (150.320 and .330).
HABITAT PROTECTION
The Commissioner, with approval of the Commission, may contract with a landowner for a specified term of years, to set aside and maintain land as a game refuge. The Commissioner may issue permits for public or commercial shooting areas, and shall adopt regulations governing same (150.240). The Department, with approval from the secretary of the finance and administration cabinet and the Governor, may enter into a contract with the US, or a department or agency, or individual for the preservation, protection and propagation of wildlife (150.250).
To encourage and develop public interest in wildlife and carry out the policy of Chapter 150, the Commission is authorized to acquire lands by purchase, condemnation or lease from the State Property and Buildings Commission or others, and to establish, maintain and operate public shooting and fishing grounds and related recreational facilities, and to pay for such purchase or condemnation, maintenance and operation expenses, and may use funds available for that purpose. The payments under each lease may be secured by a pledge and made from the funds under control of the Department including the Game and Fish Fund, as may be provided and specified in the lease. The Commissioner, with approval of the Commission may sublease lands and improvements acquired under this chapter for agricultural and for any purpose incidental or beneficial to the maintenance and operation of the balance of the lands and improvements. The Commission may impose and enforce special regulations in the maintenance and operation of the facilities and lands acquired and charge rates deemed fair and reasonable for the use and participation of the public (150.620).
The Department of Highways is authorized to construct fills, necessary for road construction, to impound water. The Department and the Department of Highways shall decide whether creation of a lake in any spot is reasonable and beneficial. The Department shall do everything necessary to insure good fishing and may regulate boating and other recreation. Interested local parties may obtain title to excess land required and deed it to the Commonwealth for creation of a public fishing lake (150.625). Areas controlled by the Department of Parks and designated as camping, hiking or other family oriented recreation areas are designated wildlife sanctuaries for affording protection to the wildlife natural, integrated, interrelated, ecological communities. No unauthorized person shall enter a wildlife sanctuary and take, damage, injure, kill, destroy or unduly disturb the wildlife except as provided. The Department may issue a permit for the scientific collection of wildlife provided the applicant for such permit holds a current state scientific collecting permit issued by the Department. This section does not apply to fish taken pursuant to chapter 150 and rules and regulations promulgated by the Department of Parks and the Department of Fish and Wildlife Resources. The Departments may cooperate to remove, destroy or disturb wildlife in the course of operating and administering the parks; and in so doing shall consider the ecological impact on the sanctuary as a whole (148.029).
[Chapter 146 provides for a Kentucky Nature Preserve System and a commission and fund to protect and preserve natural areas and features by acquiring real property for dedication as nature preserves. Chapter 146 also provides for a Heritage Land Conservation Fund for acquisition of land, in part for habitat for rare and endangered species and for migratory birds.]
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New Mexico Center for Wildlife Law
University of New Mexico School of Law
1117 Stanford NE, Albuquerque, NM 87131
(505) 277-5006
lprovenc@unm.edu