Session of 2000
HOUSE BILL No. 2954
By Representative Weber
2-9
10 AN ACT
concerning taking of coyotes; amending K.S.A. 32-919 and
11 K.S.A. 1999 Supp.
32-701 and 32-911 and repealing the existing
12 sections.
13
14 Be it enacted by the Legislature of the
State of Kansas:
15 Section
1. K.S.A. 1999 Supp. 32-701 is hereby amended to read as
16 follows: 32-701. As used in the wildlife
and parks laws of this state, unless
17 the context otherwise requires or
specifically defined otherwise:
18 (a) "Big game
animal" means any antelope, deer, elk or wild turkey.
19 (b) "Commission"
means the Kansas wildlife and parks commission
20 created by K.S.A. 32-805, and amendments
thereto.
21 (c) "Department"
means the Kansas department of wildlife and
22 parks.
23 (d) "Fish," as a
verb, means take, in any manner, any fish.
24 (e) "Furbearing
animal" means any badger, beaver, bobcat, grey fox,
25 lynx, marten, mink, muskrat, opossum,
otter, raccoon, red fox, spotted
26 skunk, striped skunk, swift fox or
weasel.
27 (f) "Furharvest"
means:
28
(1) take, in any manner, any furbearing
animal; or
29 (2) trap
or attempt to trap any or coyote.
30 (g) "Game animal"
means any big game animal or small game animal.
31 (h) "Game bird"
means any grouse, partridge, pheasant, prairie
32 chicken or quail.
33 (i) "Hunt"
means:
34 (1) Take, in any
manner, any wildlife other than a fish, bullfrog, fur-
35 bearing animal or coyote; or
36 (2) take, in any
manner other than by trapping, any coyote.
37 (j) "Motor
vehicle" means a vehicle, other than a motorized wheel-
38 chair, which is self-propelled.
39 (k) "Motorized
wheelchair" means any self-propelled vehicle de-
40 signed specifically for use by a physically
disabled person that is incapable
41 of a speed in excess of 15 miles per
hour.
42 (l) "Nonresident"
means any person who has not been a bona fide
43 resident of this state for the immediately
preceding 60 days.
2
1 (m) "On a
commercial basis" means for valuable consideration.
2
(n) "Person" means any individual or any unincorporated
association,
3 trust, partnership, public or private
corporation or governmental entity,
4 including foreign governments, or any
officer, employee, agent or agency
5 thereof.
6
(o) "Private water fishing impoundment" means one or more
water
7 impoundments:
8
(1) Constructed by man rather than natural, located wholly
within
9 the boundary of the lands owned or
leased by the person operating the
10 private water impoundments; and
11 (2) entirely
isolated from other surface water so that the impound-
12 ment does not have any connection either
continuously or at intervals,
13 except during periods of floods, with
streams or other bodies of water so
14 as to permit the fish to move between
streams or other bodies of water
15 and the private water impoundments, except
that the private water im-
16 poundments may be connected with a stream
or other body of water by
17 a pipe or conduit if fish will be prevented
at all times from moving be-
18 tween streams or other bodies of water and
the private water impound-
19 ment by screening the flow or by other
means.
20 (p) "Resident"
means any person who has maintained the person's
21 place of permanent abode in this state for
a period of 60 days immediately
22 preceding the person's application for any
license, permit, stamp or other
23 issue of the department. Domiciliary intent
is required to establish that
24 a person is maintaining the person's place
or permanent abode in this
25 state. Mere ownership of property is not
sufficient to establish domiciliary
26 intent. Evidence of domiciliary intent
includes, without limitation, the
27 location where the person votes, pays
personal income taxes or obtains a
28 driver's license.
29 (q) "Secretary"
means the secretary of wildlife and parks.
30 (r) "Small game"
means any game bird, hare, rabbit or squirrel.
31 (s) "Species"
includes any subspecies of wildlife and any other group
32 of wildlife of the same species or smaller
taxa in common spatial arrange-
33 ment that interbreed when mature.
34 (t) "Take" means
harass, harm, pursue, shoot, wound, kill, molest,
35 trap, capture, collect, catch, possess or
otherwise take, or attempt to en-
36 gage in any such conduct.
37 (u) "Wildlife"
means any member of the animal kingdom, including,
38 without limitation, any mammal, fish, bird,
amphibian, reptile, mollusk,
39 crustacean, arthropod or other
invertebrate, and includes any part, prod-
40 uct, egg or offspring thereof, or the dead
body or parts thereof. Wildlife
41 does not include agricultural livestock
(cattle, swine, sheep, goats, horses,
42 mules and other equines) and poultry
(domestic chickens, turkeys and
43 guinea fowl).
3
1 Sec.
2. K.S.A. 1999 Supp. 32-911 is hereby amended to read as
fol-
2 lows: 32-911. (a) Except as otherwise
provided by law or rules and reg-
3 ulations of the secretary, a valid
Kansas furharvester license is required
4 to:
5
(1) Furharvest in this state; or
6 (2) sell,
ship or offer for sale or shipment any furbearing animal or
7 its raw fur, pelt, skin or
carcass.
8 (b) The
provisions of subsection (a)(1) do not apply to furharvesting
9 by:
10 (1) A person, or
a member of a person's immediate family domiciled
11 with such person, on land owned by such
person or on land leased or
12 rented by such person for agricultural
purposes;
13 (2) a resident of
this state who is less than 14 years of age and is
14 accompanied by a person holding a valid
furharvester license;
15 (3) a nonresident
participating in a field trial for dogs, recognized by
16 rules and regulations adopted by the
secretary in accordance with K.S.A.
17 32-805 and amendments thereto;
or
18 (4) a person
authorized pursuant to subsection (g); or
19 (5) a person
who holds a valid hunting license, if such person takes
20 no furbearing animals and takes coyotes
only by means other than
21 trapping.
22 (c) The fee for a
furharvester license shall be the amount prescribed
23 pursuant to K.S.A. 32-988 and amendments
thereto.
24 (d) The
provisions of subsection (a)(2) shall not apply to nonresidents
25 selling to Kansas-licensed fur dealers
furbearing animals or their raw furs,
26 pelts, skins or carcasses legally taken in
another state if such nonresident
27 has been issued and is in possession of a
valid license permitting the taking
28 or selling of such animals, furs, pelts,
skins or carcasses in the issuing
29 state.
30 (e) Unless
otherwise provided by law or rules and regulations of the
31 secretary, a furharvester license is valid
throughout the state.
32 (f) Unless
otherwise provided by law or rules and regulations of the
33 secretary, a furharvester license is valid
from the date of issuance and
34 expires on December 31 following its
issuance, except that a permanent
35 license may be issued by the secretary
pursuant to K.S.A. 32-929 and
36 amendments thereto and a lifetime license
may be issued by the secretary
37 pursuant to K.S.A. 32-930 and amendments
thereto.
38 (g) The secretary
shall adopt rules and regulations in accordance with
39 K.S.A. 32-805 and amendments thereto which
authorize individuals not
40 holding a valid furharvester license to
accompany a person holding such
41 a license.
42 Sec.
3. K.S.A. 32-919 is hereby amended to read as follows:
32-919.
43 (a) Except as otherwise provided by law or
rules and regulations of the
4
1 secretary, a valid Kansas hunting
license is required to hunt in this state.
2 (b) The
provisions of subsection (a) do not apply to hunting by:
3 (1) A
person, or a member of a person's immediate family domiciled
4 with such person, on land owned by
such person or on land leased or
5 rented by such person for
agricultural purposes;
6 (2) a
resident of this state who is less than 16 years of age or who
is
7 65 or more years of age;
8 (3) a
nonresident participating in a field trial for dogs, recognized
by
9 rules and regulations adopted by the
secretary in accordance with K.S.A.
10 32-805 and amendments thereto;
11 (4) a person who
holds a valid permit issued to such person pursuant
12 to subsection (f) and who hunts only
waterfowl; or
13 (5) a person
hunting only moles or gophers; or
14 (6) a person
who holds a valid furharvester license and hunts only
15 coyotes.
16 (c) The fee for a
hunting license shall be the amount prescribed pur-
17 suant to K.S.A. 32-988, and amendments
thereto.
18 (d) Unless
otherwise provided by law or rules and regulations of the
19 secretary, a hunting license is valid
throughout the state, except that the
20 secretary may issue a special controlled
shooting area license which is
21 valid only for licensed controlled shooting
areas.
22 (e) Unless
otherwise provided by law or rules and regulations of the
23 secretary, a hunting license is valid from
the date of issuance and expires
24 on December 31 following its issuance,
except that:
25 (1) The secretary
may issue a permanent license pursuant to K.S.A.
26 32-929, and amendments thereto;
27 (2) the secretary
may issue a lifetime license pursuant to K.S.A. 32-
28 930, and amendments thereto.
29 (f) A 48-hour
waterfowl permit may be issued which authorizes hunt-
30 ing of waterfowl in this state subject to
all other provisions of law and
31 rules and regulations of the secretary. The
fee for such permit shall be
32 the amount prescribed pursuant to K.S.A.
32-988, and amendments
33 thereto. Such permit is valid
throughout the state, is valid from the time
34 designated on the permit and expires 48
hours after such time. Purchase
35 of such permit shall not affect the
requirement to purchase any federal
36 migratory bird hunting and conservation
stamp or state migratory water-
37 fowl habitat stamp.
38 Sec. 4. K.S.A. 32-919 and K.S.A.
1999 Supp. 32-701 and 32-911 are
39 hereby repealed.
40 Sec. 5. This act shall
take effect and be in force from and after its
41 publication in the statute book.