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, 2003.
__________