Session of 2000
HOUSE BILL No. 2974
By Committee on Agriculture
2-10
9 AN ACT
concerning wildlife; relating to big game permits; purchase,
sale
10 and transfer thereof;
report of property damage; amending K.S.A.
11 1999 Supp. 32-937 and
repealing the existing section.
12
13 Be it enacted by the Legislature of the
State of Kansas:
14 Section
1. K.S.A. 1999 Supp. 32-937 is hereby amended to read as
15 follows: 32-937. (a) When used in this
section:
16 (1) "Landowner"
means a resident owner of farm or ranch land of
17 80 acres or more located in the state of
Kansas.
18 (2) "Tenant"
means an individual who is actively engaged in the ag-
19 ricultural operation of 80 acres or more of
Kansas farm or ranch land for
20 the purpose of producing agricultural
commodities or livestock and who:
21 (A) Has a substantial financial investment
in the production of agricultural
22 commodities or livestock on such farm or
ranch land and the potential to
23 realize substantial financial benefit from
such production; or (B) is a bona
24 fide manager having an overall
responsibility to direct, supervise and con-
25 duct such agricultural operation and has
the potential to realize substan-
26 tial benefit from such production in the
form of salary, shares of such
27 production or some other economic incentive
based upon such
28 production.
29 (3) "Regular
season" means a statewide big game hunting season au-
30 thorized annually which may include one or
more seasons restricted to
31 specific types of equipment.
32 (4) "Special
season" means a big game hunting season in addition to
33 a regular season authorized on an irregular
basis or at different times of
34 the year other than the regular season.
35 (5) "General
permit" means a big game hunting permit available to
36 Kansas residents not applying for big game
permits as a landowner or
37 tenant.
38 (6) "Nonresident
landowner" means a nonresident of the state of
39 Kansas who owns farm or ranch land of 80
acres or more which is located
40 in the state of Kansas.
41 (7) "Nonresident
permit" means a big game hunting permit available
42 to individuals who are not Kansas
residents.
43 (b) Except as
otherwise provided by law or rules and regulations of
2
1 the secretary and in addition to any
other license, permit or stamp re-
2 quired by law or rules and
regulations of the secretary, a valid big game
3 permit and game tags are required to
take any big game in this state.
4 (c) The fee
for big game permits and game tags shall be the amount
5 prescribed pursuant to K.S.A. 32-988,
and amendments thereto.
6 (d) A big
game permit and game tags are valid throughout the state
7 or such portion thereof as provided
by rules and regulations adopted by
8 the secretary in accordance with
K.S.A. 32-805 and amendments thereto.
9 (e) Unless
otherwise provided by law or rules and regulations of the
10 secretary, a big game permit and game tags
are valid from the date of
11 issuance and shall expire at the end of the
season for which issued.
12 (f) The secretary
may adopt, in accordance with K.S.A. 32-805, and
13 amendments thereto, rules and regulations
for each regular or special big
14 game hunting season and for each management
unit regarding big game
15 permits and game tags. The secretary is
hereby authorized to issue big
16 game permits and game tags pertaining to
the taking of big game. Sep-
17 arate big game permits and game tags may be
issued for each species of
18 big game. No big game permits or game tags
shall be issued until the
19 secretary has established, by rules and
regulations adopted in accordance
20 with K.S.A. 32-805, and amendments thereto,
a regular or special big
21 game hunting season.
22 (g) The secretary
may authorize, by rule and regulation adopted in
23 accordance with K.S.A. 32-805, and
amendments thereto, landowner or
24 tenant hunt-on-your-own-land big game
permits. Such permits and ap-
25 plications may contain provisions and
restrictions as prescribed by rule
26 and regulation adopted by the secretary in
accordance with K.S.A. 32-
27 805, and amendments thereto.
28 (h) The secretary
may authorize, by rule and regulation adopted in
29 accordance with K.S.A. 32-805 and
amendments thereto, special land-
30 owner or tenant hunt-on-your-own-land deer
permits. Such special per-
31 mits shall not be issued to landowners or
tenants in possession of a hunt-
32 on-your-own-land deer permit as authorized
in subsection (g). The special
33 permits shall be transferable, with or
without compensation, to any im-
34 mediate family member of the
landowner or tenant person, whether or
35 not a Kansas resident, or the permit may be
retained for use by the
36 landowner or tenant. The special permits
shall be transferable through
37 the secretary at the request of the
landowner or tenant and by paying the
38 required fee for a general deer permit. The
special permits and applica-
39 tions may contain provisions and
restrictions as prescribed by rule and
40 regulation adopted by the secretary in
accordance with K.S.A. 32-805 and
41 amendments thereto. For the
purposes of this subsection, "member of
42 the immediate family" means lineal
or collateral ascendants or descen-
43 dants, and their
spouses.
3
1 (i) In
addition to other means of sale, application for
hunt-on-your-
2 own-land permits made pursuant to
subsections (g) and (h) shall be made
3 available by the secretary through
an internet website.
4
(j) Fifty percent of the big game permits authorized for a
regular
5 season in any management unit shall
be issued to landowners or tenants,
6 provided that a limited number of big
game permits have been authorized
7 and landowner or tenant
hunt-on-your-own-land big game permits for
8 that unit have not been authorized. A
landowner or tenant is not eligible
9 to apply for a big game permit as a
landowner or as a tenant in a man-
10 agement unit other than the unit or units
which includes such landowner's
11 or tenant's land. Any big game permits not
issued to landowners or ten-
12 ants within the time period prescribed by
rule and regulation may be
13 issued without regard to the 50%
limitation.
14 (j)
(k) Members of the immediate family who are domiciled
with a
15 landowner or tenant may apply for a big
game permit as a landowner or
16 as a tenant, but the total number of
permits issued to a landowner or
17 tenant and a landowner's or tenant's
immediate family shall not exceed
18 one permit for each 80 acres owned by such
landowner or operated by
19 such tenant. The secretary may require
proof of ownership or tenancy
20 from individuals applying for a big game
permit as a landowner or as a
21 tenant.
22 (k)
(l) The secretary may issue permits for deer or turkey
to nonres-
23 ident landowners, but any such permit shall
be restricted to hunting only
24 on lands owned by the nonresident
landowner.
25 (l)
(m) The secretary may issue turkey hunting permits to
nonresi-
26 dents in turkey management units with
unlimited turkey hunting permits
27 available.
28 (m)
(n) The secretary may issue deer hunting permits to
nonresi-
29 dents, subject to the following
limitations:
30 (1) The total
number of nonresident deer firearm permits of each
31 type specified by rules and regulations
that may be issued for a deer
32 season in a management unit shall not
exceed 5% of the total number of
33 resident deer firearm permits of such type
authorized for such season in
34 such management unit; and
35 (2) the total
number of nonresident deer archery permits of each type
36 specified by rules and regulations that may
be issued for a deer season in
37 a management unit shall not exceed 5% of
the total number of resident
38 deer archery permits of such type
authorized for such season in such
39 management unit.
40 Nonresident deer
archery permits may be restricted to a particular deer
41 species without regard to resident deer
archery permit species restric-
42 tions, or lack thereof.
43 If an unlimited number
of resident deer permits is authorized for a
4
1 deer season or management unit, the
percentage limitations of subsec-
2 tions (m)(1) and
(m)(2) (n)(1) and (n)(2) shall be based upon the
total
3 number of resident firearm permits
and the total number of archery per-
4 mits, respectively, issued in the
management unit during the most recent
5 preceding similar season. If in a
management unit there are an unlimited
6 number of game tags available to
residents, the secretary, in the secre-
7 tary's discretion and in accordance
with rules and regulations, may au-
8 thorize the issuance of an unlimited
number of deer tags for such unit to
9 nonresidents.
10 (n)
(o) Any nonresident deer hunting permits authorized
under sub-
11 section (m) (n)
that remain unissued due to an insufficient number of
12 nonresident applications as of a deadline
determined by the secretary,
13 shall be made available to residents.
14 (o)
(p) No big game permit issued to a person under 14
years of age
15 shall be valid until such person reaches 14
years of age, except that a
16 person who is 12 years or 13 years of age
and has been issued a certificate
17 of completion of an approved hunter
education course may be issued: (1)
18 A deer archery permit if the person submits
to the secretary evidence,
19 satisfactory to the secretary, of
completion of a bow hunting safety edu-
20 cation course; or (2) a wild turkey firearm
permit. Such deer archery
21 permit or turkey firearm permit shall be
valid only while the individual
22 is hunting under the immediate supervision
of an adult who is 21 years
23 of age or older.
24 (p)
(q) A big game permit shall state the species, number
and sex of
25 the big game which may be killed by the
permittee. The secretary may
26 furnish an informational card with any big
game permit and, at the con-
27 clusion of the open season, each permittee
receiving such card shall re-
28 turn the card to the department, giving
such information as is called for
29 on the card.
30 (q)
(r) The permittee shall permanently affix the game tag
to the
31 carcass of any big game immediately after
killing and thereafter, if re-
32 quired by rules and regulations, the
permittee shall immediately take such
33 killed game to a check station as required
in the rules and regulations,
34 where a check station tag shall be affixed
to the game carcass if the kill
35 is legal. The tags shall remain affixed
until the carcass is consumed or
36 processed for storage.
37 (r)
(s) The provisions of this section do not apply to big
game animals
38 sold in surplus property disposal sales of
department exhibit herds or big
39 game animals legally taken outside this
state.
40 New Sec.
2. The secretary of wildlife and parks shall establish a
toll-
41 free 800 number for landowners and tenants
to report any property dam-
42 age caused by deer.
43 Sec. 3. K.S.A. 1999 Supp. 32-937
is hereby repealed.
5
1 Sec. 4. This act
shall take effect and be in force from and after its
2 publication in the statute book.