2013 Kentucky Revised Statutes CHAPTER 150 - FISH AND WILDLIFE RESOURCES 150.735 Placement of primary containment fence -- Expansion of captive cervid facility -- Transfer of permits -- Violation of captive cervid law or regulation -- Rights and potential penalties.
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150.735 Placement of primary containment fence -- Expansion of captive
cervid facility -- Transfer of permits -- Violation of captive cervid law or
regulation -- Rights and potential penalties.
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(2)
(3)
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An applicant may place his or her primary containment fence on the property
line. The department shall not require applicants to set primary containment
fences any distance away from the property line.
Any person who operates a captive cervid facility in accordance with this
chapter may petition the department at any time to expand his or her captive
cervid facility, provided the expansion is adjacent and connected to his or her
existing facility and continues to comply with all applicable statutes and
regulations.
A lawful permit for an existing captive cervid facility may be transferred, along
with any related benefits, rights, responsibilities, and liabilities, to any person
who purchases or otherwise takes ownership of the land area on which the
captive cervid facility exists. Within thirty (30) days of the date of any transfer of
permits, the party transferring the permit shall notify the department of the
following:
(a) Name and address of the party to which the permit is to be transferred;
(b) Permit number;
(c) Deed indicating change of land ownership; and
(d) Any additional information the department deems necessary.
If any person holding captive cervids is determined in violation of Kentucky
statute or administrative regulation pertaining to the holding of those cervids,
then that person shall have sixty (60) days from when the violation was
identified to come into compliance. The permit holder has the following rights
and potential penalties during the sixty (60) day period:
(a) During the sixty (60) day period, the permit holder may continue to
harvest, sell, or slaughter cervids unless the permit has been suspended
in accordance with administrative regulations promulgated by the
department;
(b) Failure to come into compliance within sixty (60) days of the notice of
violation may result in a citation and cause the captive cervids to be
immediately seized by the department or the permit to be suspended; and
(c) The individual whose cervids were seized or whose permit was
suspended under paragraph (a) or (b) of this subsection may request an
administrative hearing pursuant to KRS Chapter 13B within thirty (30)
days of the issuance of a citation or suspension of the permit and may
appeal the final decision to Franklin Circuit Court in accordance with KRS
Chapter 13B. Pending the final outcome from all appeals, the seized
cervids may be disposed of by the department without compensation to
the owner.
Effective:June 25, 2009
History: Amended 2009 Ky. Acts ch. 62, sec. 4, effective June 25, 2009. -- Created
2006 Ky. Acts ch. 159, sec. 3, effective July 12, 2006.
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