Session Law

Identifying Information:L. 2003 ch. 121
Other Identifying Information:2003 House Bill 2078
Tax Type:Other
Brief Description:An Act concerning wildlife and parks; relating to hunting permits; commercialization of wildlife; penalties therefor; amending K.S.A. 32-1005 and K.S.A. 2002 Supp. 32-937, 32-988 and 32-1047 and repealing the existing sections.
Keywords:


Body:

CHAPTER 121

HOUSE BILL No. 2078


An Act concerning wildlife and parks; relating to hunting permits; commercialization of

wildlife; penalties therefor; amending K.S.A. 32-1005 and K.S.A. 2002 Supp. 32-937,


32-988 and 32-1047 and repealing the existing sections.


Be it enacted by the Legislature of the State of Kansas:

Section 1. K.S.A. 2002 Supp. 32-937 is hereby amended to read as

follows: 32-937. (a) When used in this section:

(1) ``Landowner'' means a resident owner of farm or ranch land of

80 acres or more located in the state of Kansas.

(2) ``Tenant'' means an individual who is actively engaged in the ag-

ricultural operation of 80 acres or more of Kansas farm or ranch land for

the purpose of producing agricultural commodities or livestock and who:

(A) Has a substantial financial investment in the production of agricultural

commodities or livestock on such farm or ranch land and the potential to

realize substantial financial benefit from such production; or (B) is a bona

fide manager having an overall responsibility to direct, supervise and con-

duct such agricultural operation and has the potential to realize substan-

tial benefit from such production in the form of salary, shares of such

production or some other economic incentive based upon such produc-

tion.

(3) ``Regular season'' means a statewide big game hunting season au-

thorized annually which may include one or more seasons restricted to

specific types of equipment.

(4) ``Special season'' means a big game hunting season in addition to

a regular season authorized on an irregular basis or at different times of

the year other than the regular season.

(5) ``General permit'' means a big game hunting permit available to

Kansas residents not applying for big game permits as a landowner or

tenant.

(6) ``Nonresident landowner'' means a nonresident of the state of

Kansas who owns farm or ranch land of 80 acres or more which is located

in the state of Kansas.

(7) ``Nonresident permit'' means a big game hunting permit available

to individuals who are not Kansas residents.

(b) Except as otherwise provided by law or rules and regulations of

the secretary and in addition to any other license, permit or stamp re-

quired by law or rules and regulations of the secretary, a valid big game

permit and game tags are required to take any big game in this state.

(c) The fee for big game permits and game tags shall be the amount

prescribed pursuant to K.S.A. 32-988, and amendments thereto.

(d) A big game permit and game tags are valid throughout the state

or such portion thereof as provided by rules and regulations adopted by

the secretary in accordance with K.S.A. 32-805 and amendments thereto.

(e) Unless otherwise provided by law or rules and regulations of the

secretary, a big game permit and game tags are valid from the date of

issuance and shall expire at the end of the season for which issued.

(f) The secretary may adopt, in accordance with K.S.A. 32-805, and

amendments thereto, rules and regulations for each regular or special big

game hunting season and for each management unit regarding big game

permits and game tags. The secretary is hereby authorized to issue big

game permits and game tags pertaining to the taking of big game. Sep-

arate big game permits and game tags may be issued for each species of

big game. No big game permits or game tags shall be issued until the

secretary has established, by rules and regulations adopted in accordance

with K.S.A. 32-805, and amendments thereto, a regular or special big

game hunting season.

(g) The secretary may authorize, by rule and regulation adopted in

accordance with K.S.A. 32-805, and amendments thereto, landowner or

tenant hunt-on-your-own-land big game permits. Such permits and ap-

plications may contain provisions and restrictions as prescribed by rule

and regulation adopted by the secretary in accordance with K.S.A. 32-

805, and amendments thereto.

(h) The secretary may authorize, by rule and regulation adopted in

accordance with K.S.A. 32-805 and amendments thereto, special land-

owner or tenant hunt-on-your-own-land deer permits. Such special per-

mits shall not be issued to landowners or tenants in possession of a hunt-

on-your-own-land deer permit as authorized in subsection (g). The special

permits shall be transferable to any immediate family member of the

landowner or tenant, whether or not a Kansas resident, or the permit may

be retained for use by the landowner or tenant. The special permits shall

be transferable through the secretary at the request of the landowner or

tenant and by paying the required fee for a general deer permit. The

special permits and applications may contain provisions and restrictions

as prescribed by rule and regulation adopted by the secretary in accord-

ance with K.S.A. 32-805 and amendments thereto. For the purposes of

this subsection, ``member of the immediate family'' means lineal or col-

lateral ascendants or descendants, and their spouses.

(i) Fifty percent of the big game permits authorized for a regular

season in any management unit shall be issued to landowners or tenants,

provided that a limited number of big game permits have been authorized

and landowner or tenant hunt-on-your-own-land big game permits for

that unit have not been authorized. A landowner or tenant is not eligible

to apply for a big game permit as a landowner or as a tenant in a man-

agement unit other than the unit or units which includes such landowner's

or tenant's land. Any big game permits not issued to landowners or ten-

ants within the time period prescribed by rule and regulation may be

issued without regard to the 50% limitation.

(j) Members of the immediate family who are domiciled with a land-

owner or tenant may apply for a resident big game permit as a landowner

or as a tenant, but the total number of landowner or tenant hunt-on-your-

own-land or special hunt-on-your-own-land permits issued to a landowner

or tenant and a landowner's or tenant's immediate family for each big

game species shall not exceed one permit for each 80 acres owned by

such landowner or operated by such tenant. The secretary may require

proof of ownership or tenancy from individuals applying for a big game

permit as a landowner or as a tenant.

(k) The secretary may issue permits for deer or turkey to nonresident

landowners, but any such permit shall be restricted to hunting only on

lands owned by the nonresident landowner.

(l) The secretary may issue turkey hunting permits to nonresidents

in turkey management units with unlimited turkey hunting permits avail-

able.

(m) The secretary may issue deer hunting permits to nonresidents,

subject to the following limitations:

(1) The total number of nonresident deer firearm permits of each

type specified by rules and regulations that may be issued for a deer

season in a management unit and which may be used to take antlered

deer shall not exceed 10% for the year 2004, not be less than 7% nor

more than 14%; for the year 2005, not be less than 8% nor more than

16%; for the year 2006, not be less than 9% nor more than 18%; and for

any year thereafter, not be less than 10% nor more than 20%, of the total

number of resident deer firearm permits of such type authorized for such

season in such management unit; and

(2) the total number of nonresident deer archery permits of each type

specified by rules and regulations that may be issued for a deer season in

a management unit and which may be used to take antlered deer shall

not exceed 15% for the year 2004, not be less than 9.5% nor more than

19%; for the year 2005, not be less than 10.5% nor more than 21%; for

the year 2006, not be less than 11.5% nor more than 23%; and for any

year thereafter, not be less than 12.5% nor more than 25%, of the total

number of resident deer archery permits of such type authorized for such

season in such management unit.

Nonresident deer archery permits may be restricted to a particular deer

species without regard to resident deer archery permit species restric-

tions, or lack thereof.

If an unlimited number of resident deer permits that may be used to

take antlered deer is authorized for a deer season or management unit,

the percentage limitations of subsections (m)(1) and (m)(2) shall be based

upon the total number of resident firearm permits that may be used to

take antlered deer and the total number of archery permits that may be

used to take antlered deer, respectively, issued in the management unit

during the most recent preceding similar season. If in a management unit

there are an unlimited number of resident permits that may be used to

take only antlerless deer, the secretary, in the secretary's discretion and

in accordance with rules and regulations, may authorize the issuance of

an unlimited number of nonresident permits that may be used to take

only antlerless deer.

(n) Any nonresident deer hunting permits authorized under subsec-

tion (m) that remain unissued due to an insufficient number of nonresi-

dent applications as of a deadline determined by the secretary, shall be

made available to residents.

(o) The secretary shall issue nonresident deer permits pursuant to

subsection (m) to landowners and tenants applying for such permits, ex-

cept that the total number of nonresident deer permits of each type spec-

ified by rules and regulations that may be issued to landowners and ten-

ants for a deer season in a management unit shall not exceed 50% of the

total number of nonresident deer permits of such a type authorized for

such season in such management unit. A nonresident deer permit ob-

tained by a landowner or tenant shall retain the permit's original nonres-

ident and species designation, except that such permit shall only be valid

within a designated county and one additional county where the quali-

fying landowner's or tenant's lands are located. The permit shall be trans-

ferable, with or without consideration, to any resident or nonresident

through the secretary at the request of the landowner or tenant. A land-

owner or tenant purchasing a nonresident deer permit pursuant to this

subsection shall pay the established fee for a nonresident deer permit.

The provisions of this subsection shall expire on June 30, 2004 2007.

(p) No big game permit issued to a person under 14 years of age shall

be valid until such person reaches 14 years of age, except that a person

under 14 years of age may be issued a wild turkey permit, and a person

who is 12 years or 13 years of age may be issued a permit for a big game

species other than wild turkey. Such permits shall be valid only while the

person is hunting under the immediate supervision of an adult 21 years

of age or older, to: (1) Take big game using a firearm; or (2) take big

game using a bow, if the person submits to the secretary evidence satis-

factory to the secretary of completion of a bow hunting safety education

course.

(q) A big game permit shall state the species, number and sex of the

big game which may be killed by the permittee. The secretary may furnish

an informational card with any big game permit and, at the conclusion of

the open season, each permittee receiving such card shall return the card

to the department, giving such information as is called for on the card.

(r) The permittee shall permanently affix the game tag to the carcass

of any big game immediately after killing and thereafter, if required by

rules and regulations, the permittee shall immediately take such killed

game to a check station as required in the rules and regulations, where a

check station tag shall be affixed to the game carcass if the kill is legal.

The tags shall remain affixed until the carcass is consumed or processed

for storage.

(s) The provisions of this section do not apply to big game animals

sold in surplus property disposal sales of department exhibit herds or big

game animals legally taken outside this state.

Sec. 2. K.S.A. 2002 Supp. 32-988 is hereby amended to read as fol-

lows: 32-988. (a) The secretary is authorized to adopt, in accordance with

K.S.A. 32-805 and amendments thereto, rules and regulations fixing the

amount of fees for the following items, subject to the following limitations

and subject to the requirement that no such rules and regulations shall

be adopted as temporary rules and regulations:

Big game permits

Resident (other than elk permit): maximum $100

Nonresident (other than elk permit): maximum $400

Elk permit: maximum $350

Resident big game tag: maximum $10 $20

Nonresident big game tag: maximum $30

Nonresident applications: maximum $5 $25

Combination hunting and fishing licenses

Resident: maximum $50

Lifetime: maximum $1,000; or 8 quarterly payments, each maximum $150

Nonresident: maximum $200

Commercial dog training permits: maximum $25

Commercial guide permit or associate guide permit

Resident: maximum $250

Nonresident: maximum $1,000

Commercial harvest or dealer permits: maximum $200

Commercial prairie rattlesnake harvesting permits

Resident or nonresident with valid hunting license: maximum $5

Resident or nonresident nonfirearm without valid hunting license: maximum $20

Controlled shooting area operator license: maximum $400

Duplicate licenses, permits, stamps and other issues of the department: maximum $10

Falconry

Permits: maximum $300

Examinations: maximum $100

Field trial permits: maximum $25

Fishing licenses

Resident: maximum $25

Lifetime: maximum $500; or 8 quarterly payments, each maximum $75

Nonresident: maximum $75

Five-day nonresident: maximum $25

Institutional group: maximum $200

Special nonprofit group: maximum $200

Twenty-four-hour: maximum $10

Fur dealer licenses

Resident: maximum $200

Nonresident: maximum $400

Furharvester licenses

Resident: maximum $25

Lifetime: maximum $500; or 8 quarterly payments, each maximum $75

Nonresident: maximum $400

Game breeder permits: maximum $15

Handicapped hunting and fishing permits: maximum $5

Hound trainer-breeder running permits: maximum $25

Hunting licenses

Resident: maximum $25

Lifetime: maximum $500; or 8 quarterly payments, each maximum $75

Nonresident 16 or more years of age: maximum $125

Nonresident under 16 years of age: maximum $75

Controlled shooting area: maximum $25

Forty-eight-hour waterfowl permits: maximum $25

Migratory waterfowl habitat stamps: maximum $8

Mussel fishing licenses

Resident: maximum $200

Nonresident: maximum $1,500

Rabbit permits

Live trapping: maximum $200

Shipping: maximum $400

Raptor propagation permits: maximum $100

Rehabilitation permits: maximum $50

Scientific, educational or exhibition permits: maximum $10

Wildlife damage control permits: maximum $10

Wildlife importation permits: maximum $10

Special permits under K.S.A. 32-961: maximum $100

Miscellaneous fees

Special events on department land or water: maximum $200

Special departmental services, materials or supplies: no maximum

Other issues of department: no maximum

Vendor bond: no maximum

(b) The fee for a landowner-tenant resident big game hunting permit

shall be an amount equal to 1/2 the fee for a general resident big game

hunting permit.

(c) The fee for a furharvester license for a resident under 16 years of

age shall be an amount equal to 1/2 the fee for a resident furharvester

license.

(d) The secretary may establish, by rules and regulations adopted in

accordance with K.S.A. 32-805 and amendments thereto, different fees

for various classes and types of licenses, permits, stamps and other issu-

ances of the department which may occur within each item as described

under subsection (a).

Sec. 3. K.S.A. 32-1005 is hereby amended to read as follows: 32-

1005. (a) Commercialization of wildlife is knowingly committing any of

the following, except as permitted by statute or rules and regulations:

(1) Capturing, killing or possessing, for profit or commercial pur-

poses, all or any part of any wildlife protected by this section;

(2) selling, bartering, purchasing or offering to sell, barter or pur-

chase, for profit or commercial purposes, all or any part of any wildlife

protected by this section;

(3) shipping, exporting, importing, transporting or carrying; causing

to be shipped, exported, imported, transported or carried; or delivering

or receiving for shipping, exporting, importing, transporting or carrying

all or any part of any wildlife protected by this section, for profit or com-

mercial purposes; or

(4) purchasing, for personal use or consumption, all or any part of

any wildlife protected by this section.

(b) The wildlife protected by this section and the minimum value

thereof are as follows:

(1) Eagles, $500;

(2) deer or antelope, $200 $400;

(3) elk or buffalo, $500 $600;

(4) furbearing animals, $25;

(5) wild turkey, $75;

(6) owls, hawks, falcons, kites, harriers or ospreys, $125 $200;

(7) game birds, migratory game birds, resident and migratory non-

game birds, game animals and nongame animals, $10 $20 unless a higher

amount is specified above;

(8) fish, the value for which shall be no less than the value listed for

the appropriate fish species in the monetary values of freshwater fish and

fish kill counting guidelines of the American fisheries society (special

publication number 13 24);

(9) turtles, $8 $10 each for unprocessed turtles or $6 $8 per pound

or fraction of a pound for processed turtle parts;

(10) bullfrogs, $2, whether dressed or not dressed;

(11) any wildlife classified as threatened or endangered, $200 unless

a higher amount is specified above; and

(12) any other wildlife not listed above, $5 $10.

(c) Possession of wildlife, in whole or in part, captured or killed in

violation of law and having an aggregate value of $500 or more, as spec-

ified in subsection (b), is prima facie evidence of possession for profit or

commercial purposes.

(d) Commercialization of wildlife having an aggregate value of $500

or more, as specified in subsection (b), is a severity level 10, nonperson

felony. Commercialization of wildlife having an aggregate value of less

than $500, as specified in subsection (b), is a class A nonperson misde-

meanor.

(e) In addition to any other penalty provided by law, a court convict-

ing a person of the crime of commercialization of wildlife may:

(1) Confiscate all equipment used in the commission of the crime

and may revoke for a period of up to 10 years all licenses and permits

issued to the convicted person by the Kansas department of wildlife and

parks; and

(2) order restitution to be paid to the Kansas department of wildlife

and parks for the wildlife taken, which restitution shall be in an amount

not less than the aggregate value of the wildlife, as specified in subsection

(b).

(f) The provisions of this section shall apply only to wildlife illegally

harvested and possessed by any person having actual knowledge that said

such wildlife was illegally harvested.

New Sec. 4. The department is hereby authorized and directed to

develop a report containing recommendations for the establishment of a

landowner deer management program. The report shall include recom-

mended procedures, requirements and guidelines to provide qualified

landowners an allotment of antlered and antlerless deer permits that may

be transferred by the landowner to resident or nonresident deer hunters

for use on such landowner's property and may include such other rec-

ommendations as the department finds appropriate. Such report shall be

presented to the senate natural resources committee and the house tour-

ism and parks committee on or before January 15, 2004.

Sec. 5. K.S.A. 2002 Supp. 32-1047 is hereby amended to read as

follows: 32-1047. The department is hereby empowered and directed to

seize and possess any wildlife which is taken, possessed, sold or trans-

ported unlawfully, and any steel trap, snare or other device or equipment

used in taking or transporting wildlife unlawfully or during closed season.

The department is hereby authorized and directed to:

(a) Sell the seized item, including wildlife parts with a dollar value,

and remit the proceeds to the state treasurer in accordance with the

provisions of K.S.A. 75-4215, and amendments thereto. If the seized item

is a firearm that has been forfeited pursuant to K.S.A. 21-4206, and

amendments thereto, then it may be sold unless: (1) The firearm is sig-

nificantly altered in any manner; or (2) the sale and public possession of

such firearm is otherwise prohibited by law. Upon receipt of each such

remittance, the state treasurer shall deposit the entire amount in the state

treasury to the credit of the fee fund designated by the secretary wildlife

fee fund; or

(b) retain the seized item for educational, scientific or department

operational purposes.

New Sec. 6. The secretary shall identify local geographical areas in

which deer populations are causing significant property damage. The sec-

retary is hereby authorized and directed to take such actions as are nec-

essary to reduce the deer populations in such areas for the purpose of

reducing damage to private property.

Sec. 7. K.S.A. 32-1005 and K.S.A. 2002 Supp. 32-937, 32-988 and

32-1047 are hereby repealed.

Sec. 8. This act shall take effect and be in force from and after Jan-

uary 1, 2004, and its publication in the statute book.

Approved April 21, 2002.


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Date Composed: 10/29/2003 Date Modified: 10/29/2003