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Arctic Fox in Kentucky

Exotic legal issues, bans, laws, regulations, Animal Rights discussions etc.

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Spindaboy
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Location: Lexington, KY
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Arctic Fox in Kentucky

Postby Spindaboy » Mon Dec 12, 2016 11:48 am

I have a very serious question here today. I was just on the phone with the KY Department of Fish and Wildlife Resources because of a discrepancy I found on their website. On the site is says the following:

Prohibited Native Species
A person shall not import, transport, or possess the following species:

Alligator snapping turtle (Macrochelys temminckii)
Black bear (Ursus americanus)
Copperbelly water snake (Nerodia erythrogaster neglecta)
Cougar or mountain lion (Felis concolor)
Wild turkey (Meleagris gallopavo)
Wolf (Canis lupus)
A person shall not import or transport through Kentucky the following species:

Coyotes (Canis latrans)
Foxes (Vulpes spp, Alopex lagopus, Urocyon cinereoargenteus)
Raccoons (Procyon lotor)
Skunks (Mephitis spp., Spilogale putorius, Conepatus leuconotus)


The issue here is that Arctic Foxes (Alopex lagopus or Vulpes lagpous) are NOT native to Kentucky and thus should be classified under the non-native prohibited exotic list of animals if they are not to be transported into or through Kentucky. Following this finding I decided to to call the DFWR for further clarification on what this meant. According to who I spoke with ALL foxes are illegal to import into KY because of rabies concerns. However, it is not illegal to obtain one already within KY. The only problem being that for several years now I have only found nearby breeders in Indiana. So my question would be is there anything I can legally do to get around this? Their site is incorrect to classify an Arctic Fox under native prohibited wildlife so I feel as though it would be possible for me to import one from IN without legal consequences. I am very serious about owning a fox and am willing to take this to the next level if necessary (though I would of course prefer a simpler alternative).

I found this thread from a few years ago detailing someone else's experiences with a similar issue who also lived in KY.
Link: viewtopic.php?t=8651'
Does anyone know how that turned out for him? Was he successful in legally obtaining one?
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TamanduaGirl
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Re: Arctic Fox in Kentucky

Postby TamanduaGirl » Mon Dec 12, 2016 3:23 pm

The listing in native doesn't matter since exotic also need an import permit and they can choose not to grant them, which that thread you point to says that's the case. If their reason is rabies you might not win a challenge to the law like I had suggested to that person in the past since they can't be vaccinated and health concerns or a legal reason to deny. Since that member never updated I'd say he wasn't successful or more likely didn't actually try.

Other states are like that sometimes too like Idaho, allow you to own but not import, but with nothing in the state it acts like a ban.
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Spindaboy
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Re: Arctic Fox in Kentucky

Postby Spindaboy » Mon Dec 12, 2016 3:32 pm

So what options do I have as of now?
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TamanduaGirl
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Re: Arctic Fox in Kentucky

Postby TamanduaGirl » Mon Dec 12, 2016 4:31 pm

Moving would be best but I know that's easier said than done.

You could try and get a bill introduced and hopefully passed to make exotic captive bred foxes legal.

Get USDA and have a university sponsor you, not sure the exact term you'd use but a friend of mine can have foxes in a state that bans them similarly as she is USDA and works with a university.
(2) Upon written request, the department shall consider an exemption for the importation of prohibited exotic species for the following entities:

(a) A facility that is designated as the official zoo of a municipality;
(b) A government agency;

(c) A college or university;
(d) A licensed or accredited institution of:
1. Research; or
2. Education;

(e) A lawfully operated circus; or
(f) An exhibitor sponsored or contracted by a lawfully operated state or county fair.

http://www.lrc.state.ky.us/kar/301/002/082.htm

And the native one says the exact same under exemptions section: http://www.lrc.ky.gov/kar/301/002/081.htm
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sarajeku
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Re: Arctic Fox in Kentucky

Postby sarajeku » Tue Dec 13, 2016 6:38 pm

Here in KY, we can own one, but we cannot import them. They don't issue import permits, ever. (That I have ever heard of) Not even for people to travel through the state temporarily. If you ever found a USDA licensed breeder within the state (there isn't one) you could have one, but beyond that, it's a no go. There are several articles on this forum by people looking for loopholes. Some of them are by me. :(
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