HB 2370--
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Session of 1997
HOUSE BILL No. 2370
By Representative Johnston
2-14
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9 AN ACT concerning the commercial harvesting of prairie rattlesnakes;
10 amending K.S.A. 32-941 and K.S.A. 1996 Supp. 32-988 and repealing
11 the existing sections.
12
13 Be it enacted by the Legislature of the State of Kansas:
14 Section 1. K.S.A. 32-941 is hereby amended to read as follows: 32-
15 941. (a) Except as otherwise authorized by law or rules and regulations
16 of the secretary, a commercial harvest permit is required, in addition to
17 any other license, permit or stamp required by law or rules and regula-
18 tions of the secretary, to take any wildlife in this state on a commercial
19 basis.
20 (b) Subsection (a) does not apply to:
21 (1) A person acting within the scope of a valid furharvester or valid
22 fur dealer license issued to such person; or
23 (2) a private water fishing impoundment.
24 (c) Subject to the requirements of law and rules and regulations of
25 the secretary, a person may obtain a commercial harvest permit from the
26 secretary or the secretary's designee by making application and paying
27 the fee prescribed pursuant to K.S.A. 32-988, and amendments thereto.
28 (d) The area and period of time for which a commercial harvest per-
29 mit is valid shall be in accordance with rules and regulations of the sec-
30 retary.
31 (e) Any person having a valid hunting license or any person not re-
32 quired to have a hunting license pursuant to K.S.A. 32-919, and amend-
33 ments thereto, may annually obtain a special permit to harvest prairie
34 rattlesnakes on a commercial basis upon payment of the fee prescribed
35 therefor by K.S.A. 32-988, and amendments thereto. Any person may
36 annually obtain a special nonfirearm permit to harvest prairie rattlesnakes
37 on a commercial basis upon payment of the fee prescribed therefor by
38 K.S.A. 32-988, and amendments thereto.
39 (f) The secretary may adopt, in accordance with K.S.A. 32-805 and
40 amendments thereto, rules and regulations necessary to implement, ad-
41 minister and enforce the provisions of this section and to govern the
42 taking of wildlife on a commercial basis except that, for calendar year
43 1993, the following provisions shall govern the commercial taking, selling,
HB 2370
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1 buying, trading and possession of prairie rattlesnakes:
2 (1) The harvest and possession of prairie rattlesnakes for commercial
3 purposes shall occur only between the effective date of this act and June
4 30;
5 (2) the possession limit shall not exceed 30 prairie rattlesnakes;
6 (3) prairie rattlesnakes may be taken only by hand, snake hook or
7 snake catchers;
8 (4) prairie rattlesnakes legally taken by a commercial prairie rattle-
9 snake harvest permittee may be sold to: (A) A commercial prairie rattle-
10 snake dealer; (B) a person legally authorized by another state to purchase
11 prairie rattlesnakes; or (C) any other person if the prairie rattlesnakes are
12 not purchased for resale or sold;
13 (5) any person desiring to purchase prairie rattlesnakes for resale or
14 export from the state shall obtain a commercial prairie rattlesnake dealer
15 permit;
16 (6) a commercial prairie rattlesnake dealer may possess and sell le-
17 gally acquired prairie rattlesnakes without regard to time or numbers;
18 (7) the cost of a commercial prairie rattlesnake harvest permit for any
19 person in possession of a valid hunting license issued to such person or
20 any person not required to have a hunting license pursuant to K.S.A. 32-
21 919 and amendments thereto shall be $5;
22 (8) the cost of a commercial prairie rattlesnake harvest permit for any
23 person without a valid hunting license shall be $20;
24 (9) the cost of a commercial prairie rattlesnake dealer permit shall be
25 $50; and
26 (10) commercial prairie rattlesnake harvest permittees and commer-
27 cial prairie rattlesnake dealer permittees shall report permit activities if
28 requested by the department.
29 (g) (f) Rules and regulations adopted by the secretary pursuant to this
30 section may include, with regard to fishing on a commercial basis, estab-
31 lishment and designation of:
32 (1) Certain portions of the Missouri river bordering on this state and
33 certain streams, lakes and impoundments, or parts thereof, in this state
34 to be open to commercial fishing for such period of time as the secretary
35 specifies;
36 (2) methods and equipment for the taking of fish on a commercial
37 basis;
38 (3) inspections and frequency of inspections;
39 (4) size and specifications of seines, nets, traps and other commercial
40 fishing equipment and methods of tagging such equipment;
41 (5) procedures for handling, sale or exchange of fish taken on a com-
42 mercial basis;
43 (6) species of fish subject to commercial fishing and any size or num-
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1 ber restrictions; and
2 (7) a bonding requirement for commercial fishing.
3 The secretary may limit commercial fishing to contract only, and the
4 contractor shall provide such reports and information as required by the
5 secretary. In addition to any other penalty prescribed by law for a violation
6 of law or rules and regulations of the secretary pertaining to commercial
7 fishing, the secretary may revoke a commercial fishing contract or refuse
8 to issue such contract.
9 Sec. 2. K.S.A. 1996 Supp. 32-988 is hereby amended to read as fol-
10 lows: 32-988. (a) The secretary is authorized to adopt, in accordance with
11 K.S.A. 32-805 and amendments thereto, rules and regulations fixing the
12 amount of fees for the following items, subject to the following limitations
13 and subject to the requirement that no such rules and regulations shall
14 be adopted as temporary rules and regulations:
15 Big game permits
16 Resident: minimum $10, maximum $100
17 Nonresident: minimum $30, maximum $400
18 Big game tag: maximum $10
19 Nonresident applications: maximum $5
20 Transfer fee: minimum $10, maximum $40
21 Combination hunting and fishing licenses
22 Resident: minimum $10, maximum $30
23 Lifetime: minimum $400, maximum $600; or 8 quarterly payments, each minimum $55,
24 maximum $80
25 Nonresident: minimum $75, maximum $125
26 Commercial dog training permits: minimum $10, maximum $25
27 Commercial guide permit or associate guide permit: maximum $50
28 Commercial harvest or dealer permits: minimum $10, maximum $200
29 Commercial prairie rattlesnake harvesting permits
30 Resident or nonresident with valid hunting license: maximum $5
31 Resident or nonresident nonfirearm without valid hunting license: maximum $20
32 Controlled shooting area operator license: minimum $200, maximum $400
33 Duplicate licenses, permits, stamps and other issues of the department: maximum $10
34 Falconry
35 Permits: minimum $50, maximum $300
36 Examinations: minimum $25, maximum $100
37 Field trial permits: minimum $10, maximum $25
38 Fishing licenses
39 Resident: minimum $5, maximum $15
40 Lifetime: minimum $200, maximum $300; or 8 quarterly payments, each minimum $30,
41 maximum $45
42 Nonresident: minimum $15, maximum $50
43 Five-day nonresident: minimum $5, maximum $15
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1 Institutional group: minimum $100, maximum $200
2 Special nonprofit group: minimum $50, maximum $200
3 Twenty-four-hour: maximum $3
4 Fur dealer licenses
5 Resident: minimum $50, maximum $200
6 Nonresident: minimum $50, maximum $400
7 Furharvester licenses
8 Resident: minimum $10, maximum $20
9 Nonresident: minimum $50, maximum $400
10 Game breeder permits: minimum $2, maximum $15
11 Handicapped hunting and fishing permits: maximum $5
12 Hound trainer-breeder running permits: minimum $10, maximum $25
13 Hunting licenses
14 Resident: minimum $5, maximum $15
15 Lifetime: minimum $200, maximum $300; or 8 quarterly payments, each minimum $30,
16 maximum $45
17 Nonresident: minimum $25, maximum $75
18 Controlled shooting area: minimum $5, maximum $15
19 Forty-eight-hour waterfowl permits: maximum $25
20 Migratory waterfowl habitat stamps: minimum $3, maximum $5
21 Mussel fishing licenses
22 Resident: minimum $25, maximum $200
23 Nonresident: minimum $50, maximum $1,500
24 Rabbit permits
25 Live trapping: maximum $200
26 Shipping: minimum $25, maximum $400
27 Raptor propagation permits: maximum $100
28 Rehabilitation permits: maximum $50
29 Scientific, educational or exhibition permits: maximum $10
30 Wildlife damage control permits: maximum $10
31 Wildlife importation permits: maximum $10
32 Special permits under K.S.A. 32-961: maximum $100
33 Miscellaneous fees
34 Special events on department land or water: maximum $200
35 Special departmental services, materials or supplies: no maximum
36 Other issues of department: no maximum
37 Vendor bond: no maximum
38 (b) The fee for a landowner-tenant resident big game hunting permit
39 shall be an amount equal to 1/2 the fee for a general resident big game
40 hunting permit.
41 (c) The fee for a furharvester license for a resident under 16 years of
42 age shall be an amount equal to 1/2 the fee for a resident furharvester
43 license.
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1 (d) The secretary may establish, by rules and regulations adopted in
2 accordance with K.S.A. 32-805 and amendments thereto, different fees
3 for various classes and types of licenses, permits, stamps and other issu-
4 ances of the department which may occur within each item as described
5 under subsection (a).
6 (e) The fee for a nonprofit group fishing license issued under sub-
7 section (h) of K.S.A. 32-906 and amendments thereto shall be $50 for
8 calendar year 1995.
9 (f) The fee for a nonresident mussel fishing license shall be $1,000
10 from the effective date of this act through calendar year 1995.
11 Sec. 3. K.S.A. 32-941 and K.S.A. 1996 Supp. 32-988 are hereby re-
12 pealed.
13 Sec. 4. This act shall take effect and be in force from and after its
14 publication in the Kansas register.