reglab/statecodes huggingface dataset:
2023 Kansas Statutes › Chapter 32 - Wildlife, Parks And Recreation › Article 10 - Enforcement › 32-1006 Coyotes, moles, gophers.

32-1006.
Coyotes, moles, gophers.
(a) Except as provided by subsection (b), it is lawful for a person to take coyotes in this state at any time if such person holds a valid license to hunt or furharvest, as the case may be. It is lawful for a person to take moles or gophers in this state at any time.
(b) Unless authorized by rules and regulations of the secretary, it is unlawful for any person to take any coyote in this state at any time during the period of time designated by rules and regulations of the secretary as an open season for the hunting or taking of deer by firearm.
History:
L. 1978, ch. 151, § 2; L. 1985, ch. 133, § 1; L. 1989, ch. 118, § 117; July 1.
2023 Kansas Statutes › Chapter 32 - Wildlife, Parks And Recreation › Article 10 - Enforcement › 32-1007 Coyote carcasses.

32-1007.
Coyote carcasses.
(a) It is unlawful for any person to publicly display the carcass of a coyote.
(b) For the purpose of this section, "carcass" means the body of the coyote, either as a part or as a whole, and either with the skin intact or removed. The skin of the coyote, when removed from the animal, shall not be considered a part of the coyote.
(c) The provisions of subsection (a) do not apply to the display of the carcass of a coyote at a fur market or the use of the carcass of a coyote for educational or training purposes.
History:
L. 1979, ch. 117, § 1; L. 1989, ch. 118, § 118; July 1.
2023 Kansas Statutes › Chapter 32 - Wildlife, Parks And Recreation › Article 10 - Enforcement › 32-1008 Migratory birds.

32-1008.
Migratory birds.
(a) As used in this section:
(1) "Migratory birds" means such birds as are defined under the administrative provisions of the migratory bird treaty act (16 U.S.C.A. §§ 703 to 711) and regulations now in force or hereafter adopted thereunder.
(2) "Migratory waterfowl" means such birds as are defined by 16 U.S.C.A. § 718.
(b) It is unlawful to take, buy, sell or offer to sell by any means or in any manner any migratory bird or birds in Kansas except as authorized and permitted by federal regulations now in force or hereafter adopted pursuant to authority provided by the migratory bird treaty act.
(c) It is unlawful to take, buy, sell or offer to sell by any means or in any manner any migratory waterfowl in Kansas except as authorized or permitted by 16 U.S.C.A. § 718a.
History: L. 1963, ch. 247, § 1; L. 1975, ch. 224, § 1; L. 1976, ch. 202, § 1; L. 1989, ch. 118, § 119; July 1.
2023 Kansas Statutes › Chapter 32 - Wildlife, Parks And Recreation › Article 10 - Enforcement › 32-1009 Nongame species.

32-1009.
Nongame species.
Except as provided in rules and regulations adopted pursuant to K.S.A. 32-963, and amendments thereto, it shall be unlawful for any person to take, possess, transport, export, process, sell or offer for sale or ship nongame species deemed by the secretary to be in need of conservation pursuant to K.S.A. 32-959, and amendments thereto. Subject to the same exception, it shall further be unlawful for any common carrier knowingly to transport or receive for shipment nongame species deemed by the secretary to be in need of conservation pursuant to K.S.A. 32-959, and amendments thereto.
History:
L. 1989, ch. 118, § 120; L. 2003, ch. 124, § 5; July 1.
2023 Kansas Statutes › Chapter 32 - Wildlife, Parks And Recreation › Article 10 - Enforcement › 32-1010 Threatened species.

32-1010.
Threatened species.
Except as otherwise specifically provided in K.S.A. 32-961 or in a special permit issued under K.S.A. 32-961 or in any rules and regulations adopted pursuant to K.S.A. 32-961, the intentional taking of any threatened species indigenous to this state, which has been determined by the secretary to be a threatened species in this state and is included in a list of such threatened species adopted pursuant to K.S.A. 32-960, shall constitute unlawful taking of a threatened species.
History:
L. 1975, ch. 221, § 8; L. 1989, ch. 118, § 121; July 1.
2023 Kansas Statutes › Chapter 32 - Wildlife, Parks And Recreation › Article 10 - Enforcement › 32-1011 Endangered species.

32-1011.
Endangered species.
Except as otherwise specifically provided in K.S.A. 32-961 or in a special permit issued under K.S.A. 32-961 or in any rule and regulation adopted pursuant to K.S.A. 32-961, the intentional taking of any endangered species indigenous to this state, which has been determined by the secretary to be an endangered species in this state and is included in a list of such endangered species adopted pursuant to K.S.A. 32-960, shall constitute unlawful taking of an endangered species.
History:
L. 1975, ch. 221, § 9; L. 1985, ch. 132, § 7; L. 1989, ch. 118, § 122; July 1.
2023 Kansas Statutes › Chapter 32 - Wildlife, Parks And Recreation › Article 10 - Enforcement › 32-1012 Application of prohibitions regarding nongame or endangered species.

32-1012.
Application of prohibitions regarding nongame or endangered species.
(a) Nothing in the nongame and endangered species conservation act shall be construed to:
(1) Apply retroactively to any occurrence prior to July 1, 1975;
(2) prohibit importation into the state of wildlife which may be lawfully imported into the United States or lawfully taken and removed from another state; or
(3) prohibit entry into the state or possession, transportation, exportation, processing, sale or offer for sale or shipment of any species of wildlife which is deemed to be threatened or endangered in this state but not in the state where originally taken, if the person engaging therein demonstrates by circumstantial evidence that such species of wildlife was lawfully taken and lawfully removed from such state.
(b) The provisions of this section shall not be construed to permit the possession, transportation, exportation, processing, sale or offer for sale or shipment within this state of any species of wildlife determined to be a threatened species or endangered species pursuant to Pub. L. No. 93-205 (December 28, 1973), the endangered species act of 1973, and acts amendatory thereof, except as permitted in K.S.A. 32-961.
History:
L. 1975, ch. 221, § 10; L. 1989, ch. 118, § 123; July 1.
2023 Kansas Statutes › Chapter 32 - Wildlife, Parks And Recreation › Article 10 - Enforcement › 32-1013 Taking wildlife without permission on land posted "by written permission only"; penalties.

32-1013. Taking wildlife without permission on land posted "by written permission only"; penalties.
(a) Any landowner or person in lawful possession of any land may post such land with signs stating that hunting, trapping or fishing on such land shall be by written permission only. It is unlawful for any person to take wildlife on land which is posted as provided in this subsection, without having in the person's possession the written permission of the owner or person in lawful possession thereof.
(b) Instead of posting land as provided in subsection (a), any landowner or person in lawful possession of any land may post such land by placing identifying purple paint marks on trees or posts around the area to be posted. Each paint mark shall be a vertical line of at least eight inches in length and the bottom of the mark shall be no less than three feet nor more than five feet high. Such paint marks shall be readily visible to any person approaching the land. Land posted as provided in this subsection shall be considered to be posted by written permission only as provided in subsection (a).
(c) A person licensed to hunt or furharvest who is following or pursuing a wounded animal on land as provided in this section posted without written permission of the landowner or person in lawful possession thereof shall not be in violation of this section while in such pursuit, except that the provisions of this subsection shall not authorize a person to remain on such land if instructed to leave by the owner or person in lawful possession of the land. Any person who fails to leave such land when instructed is subject to the provisions of subsection (b) of K.S.A. 21-5810, and amendments thereto.
(d) Any person convicted of violating provisions of this section shall be subject to the penalties prescribed in K.S.A. 32-1031, and amendments thereto, except as provided in K.S.A. 32-1032, and amendments thereto, relating to big game and wild turkey.
History:
L. 1971, ch. 143, § 1; L. 1977, ch. 113, § 2; L. 1985, ch. 132, § 3; L. 1989, ch. 118, § 124; L. 2000, ch. 51, § 1; L. 2004, ch. 135, § 2; L. 2005, ch. 182, § 5; L. 2011, ch. 30, § 147; July 1.
2023 Kansas Statutes › Chapter 32 - Wildlife, Parks And Recreation › Article 10 - Enforcement › 32-1014 Obstruction or impeding of lawful activities.

32-1014.
Obstruction or impeding of lawful activities.
(a) No person shall willfully obstruct or impede the participation of any individual in the lawful activity of hunting, furharvesting or fishing.
(b) The provisions of this section shall not apply to the actions of law enforcement officers and personnel of the department in the performance of their official duties and shall not obstruct or impede the legal rights and normal activities of landowners or tenants including, but not limited to, farming, ranching and the right to limit trespass.
History:
L. 1987, ch. 136, § 1; L. 1989, ch. 118, § 125; July 1.
2023 Kansas Statutes › Chapter 32 - Wildlife, Parks And Recreation › Article 10 - Enforcement › 32-1015 Miscellaneous violations.

32-1015.
Miscellaneous violations.
(a) It is unlawful for any person to:
(1) Destroy any muskrat house, beaver dam, mink run or any hole, den or runway of any furbearing animal, or cut down or destroy any tree that is the home, habitat or refuge of any furbearing animal;
(2) hunt deer in this state in an area where a firearms season for the taking of deer is occurring, or hunt elk in this state in an area where a firearms season for the taking of elk is occurring, unless such person is wearing clothing of a highly visible nature in a color, an amount worn and a location on such person's body prescribed by rules and regulations adopted by the secretary pursuant to K.S.A. 32-805, and amendments thereto;
(3) do any act or engage in any activity within any state park, state lake, recreational ground, wildlife area or sanctuary, natural area or other area under the control of the secretary which is in violation of or contrary to law or rules and regulations of the secretary;
(4) use any manner or means of taking fish which may escape from a private water fishing impoundment and kill or endanger fish in another such impoundment or in public waters;
(5) remove fish from a private water fishing impoundment without the consent of the owner or tenant having possession and control of such impoundment; or
(6) place, erect or cause to be placed or erected any seine, screen, net, weir, fishdam or other obstruction in or across any of the waters, rivers, creeks, ponds, streams, sloughs or other watercourses within the jurisdiction of this state in such a manner as will obstruct the free passage of fish up and down and through such watercourses.
(b) Subsection (a)(1) shall not be construed to prohibit a legal owner or occupant of land from cutting trees on such land.
History:
L. 1989, ch. 118, § 126; L. 2010, ch. 162, § 2; July 1.
2023 Kansas Statutes › Chapter 32 - Wildlife, Parks And Recreation › Article 10 - Enforcement › 32-1031 Violations of laws involving wildlife and parks and rules and regulations related thereto; criminal penalties.

32-1031. Violations of laws involving wildlife and parks and rules and regulations related thereto; criminal penalties.
(a) Unless otherwise provided by law or rules and regulations of the secretary, violation of any provision of the wildlife and parks laws of this state or rules and regulations adopted thereunder is a class C nonperson misdemeanor.
(1) Upon a second conviction of a wildlife violation that is a class C nonperson misdemeanor, a fine of not less than $250 shall be imposed.
(2) Upon a third conviction of a wildlife violation that is a class C nonperson misdemeanor, a fine of not less than $300 shall be imposed.
(3) Upon a fourth and any subsequent convictions of a wildlife violation that is a class C nonperson misdemeanor, a fine of not less than $400 shall be imposed and a minimum of not less than 7 days in the county jail shall be served.
(b) Any conviction for a wildlife violation that is a class C nonperson misdemeanor that occurs before July 1, 2005, shall not be considered for purposes of this section.
History:
L. 1989, ch. 118, § 127; L. 2005, ch. 182, § 1; L. 2012, ch. 47, § 59; L. 2023, ch. 7, § 68; July 1.
2023 Kansas Statutes › Chapter 32 - Wildlife, Parks And Recreation › Article 10 - Enforcement › 32-1033 Unlawful taking of endangered species.

32-1033.
Unlawful taking of endangered species.
Unlawful taking of an endangered species, as defined in K.S.A. 32-1011, is a class A misdemeanor.
History:
L. 1989, ch. 118, § 129; July 1.
2023 Kansas Statutes › Chapter 32 - Wildlife, Parks And Recreation › Article 10 - Enforcement › 32-1034 Second conviction for obstruction or impeding of lawful activities.

32-1034.
Second conviction for obstruction or impeding of lawful activities.
(a) If a person is convicted of a violation of K.S.A. 32-1014 and such person, within two years prior to such violation, committed another violation of this* section which arose out of a separate set of circumstances and for which the person was convicted, such person is guilty of a misdemeanor punishable by a fine of not more than $1,000 or imprisonment for not more than one year, or both.
(b) Any person convicted of a violation of K.S.A. 32-1014 shall be liable to the person with whom the violator interfered for all costs and damages resulting therefrom.
History:
L. 1989, ch. 118, § 130; July 1.
2023 Kansas Statutes › Chapter 32 - Wildlife, Parks And Recreation › Article 10 - Enforcement › 32-1040 Violations of law or rules and regulations by 16-year-olds and 17-year-olds; penalties; placement in a juvenile detention facility; fines.

32-1040. Violations of law or rules and regulations by 16-year-olds and 17-year-olds; penalties; placement in a juvenile detention facility; fines.
The court hearing the prosecution of any child 16 or 17 years of age who is charged with a violation of any provision of the wildlife and parks laws of this state or rules and regulations adopted thereunder may impose any fine authorized by law for the offense or may order that the child be placed in a juvenile detention facility.
History:
L. 1983, ch. 140, § 2; L. 1989, ch. 118, § 131; L. 1990, ch. 150, § 3; L. 2012, ch. 47, § 61; L. 2023, ch. 7, § 70; July 1.
2023 Kansas Statutes › Chapter 32 - Wildlife, Parks And Recreation › Article 10 - Enforcement › 32-1047 Seizure of wildlife, devices, equipment and firearms; disposition.

32-1047. Seizure of wildlife, devices, equipment and firearms; disposition.
(a) Subject to the provisions in subsection (b), the department is hereby empowered and directed to seize and possess any wildlife which is taken, possessed, sold or transported 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 to:
(1) Offer the seized item, if the item is unlawfully taken wildlife parts, to the landowner or tenant on whose property the wildlife parts were unlawfully taken, provided:
(A) The wildlife parts are no longer needed as evidence;
(B) the location of the violation can be positively ascertained;
(C) there is no dispute between landowners or tenants as to who may receive the wildlife parts;
(D) the landowner or tenant did not commit the violation for which the wildlife parts were seized; and
(E) the wildlife parts are transferred within two years of adjudication of the violation;
(2) 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. 22-2512, and amendments thereto, then it may be sold unless: (1) The firearm is significantly 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 wildlife fee fund;
(3) retain the seized item for educational, scientific or department operational purposes; or
(4) destroy the seized item.
(b) The department shall give priority to disposing of unlawfully taken wildlife items in accordance with the process provided for in subsection (a)(1).
History:
L. 1927, ch. 221, § 15; L. 1985, ch. 132, § 2; L. 1989, ch. 118, § 133; L. 2001, ch. 5, § 103; L. 2003, ch. 121, § 5; L. 2011, ch. 30, § 148; L. 2014, ch. 97, § 14; L. 2014, ch. 135, § 3; July 1.
2023 Kansas Statutes › Chapter 32 - Wildlife, Parks And Recreation › Article 10 - Enforcement › 32-1048 Conservation officers and employees; arrest powers.

32-1048.
Conservation officers and employees; arrest powers.
Any officer or other employee of the department who meets the criteria specified in subsection (a) of K.S.A. 32-808, and amendments thereto, and any other Kansas law enforcement officer authorized to enforce the laws of this state shall have the power to arrest pursuant to the authority granted in subsection (b) of K.S.A. 32-808, and amendments thereto, at any place in the state of Kansas, any person or persons found violating any laws of the state, and rules and regulations promulgated pursuant to chapter 32 of the Kansas Statutes Annotated, and amendments thereto, and to bring such persons immediately before the nearest proper judge of the district court of the county within which such violation took place for trial.
History:
L. 1943, ch. 173, § 2; L. 1969, ch. 211, § 2; L. 1975, ch. 223, § 3; L. 1976, ch. 145, § 156; L. 1989, ch. 118, § 134; L. 1997, ch. 168, § 9; May 22.
2023 Kansas Statutes › Chapter 32 - Wildlife, Parks And Recreation › Article 10 - Enforcement › 32-1049 Citation for violations of law or rules and regulations; notice to appear in court.

32-1049. Citation for violations of law or rules and regulations; notice to appear in court.
(a) Whenever a person is charged for any violation of any of the wildlife and parks laws of this state or the provisions of article 11 of chapter 32 of the Kansas Statutes Annotated, and amendments thereto, or rules and regulations adopted thereunder, punishable as a misdemeanor and is not immediately taken before a judge of the district court as required or permitted pursuant to K.S.A. 32-1048 and 32-1179, and amendments thereto, the officer may prepare a written citation containing a notice to appear in court, the name and address of the person, the offense charged, the time and place when and where the person shall appear in court and such other pertinent information as may be necessary.
(b) The time specified in the citation shall be at least five days after the alleged violation unless the person charged with the violation shall demand an earlier hearing.
(c) The place specified in the citation shall be before a judge of the district court within the county in which the offense is alleged to have been committed and who has jurisdiction of the offense and is nearest or most accessible with reference to the place where the alleged violation occurred.
(d) The person charged with the violation may give a written promise to appear in court by signing at least one copy of the written citation prepared by the officer, in which event the officer shall deliver a copy of the citation to the person, and thereupon the officer shall not take the person into physical custody for the violation.
(e) In the event the form of citation provided for in this section includes information required by law and is signed by the officer preparing the same, such citation when filed with a court having jurisdiction shall be deemed to be a lawful complaint for the purpose of prosecution under law.
History:
L. 1975, ch. 223, § 1; L. 1976, ch. 145, § 157; L. 1986, ch. 150, § 2; L. 1989, ch. 118, § 135; L. 2012, ch. 47, § 63; L. 2017, ch. 25, § 3; L. 2023, ch. 7, § 72; July 1.
2023 Kansas Statutes › Chapter 32 - Wildlife, Parks And Recreation › Article 10 - Enforcement › 32-1051 Duties of conservation officers and law enforcement officers; warnings authorized.

32-1051. Duties of conservation officers and law enforcement officers; warnings authorized.
(a) It shall be the duty of all conservation officers and deputy conservation officers of the wildlife and parks conservation service and all law enforcement officers authorized to enforce the laws of this state to diligently inquire into and prosecute all violations of the wildlife and parks laws of this state and rules and regulations of the secretary. Any such officers having knowledge or notice of any such violation shall make complaint before a court of competent jurisdiction and venue. No such officer making complaint shall be liable for costs unless it is found by the court or jury that the complaint was filed for malicious purposes and without probable cause.
(b) Nothing in this section shall be construed to prevent the use of warnings or the issuance of warning tickets, in lieu of making a complaint, when circumstances warrant.
History:
L. 1911, ch. 198, § 31; R.S. 1923, 32-131; L. 1974, ch. 446, § 15; L. 1989, ch. 118, § 137; L. 1993, ch. 185, § 12; L. 2012, ch. 47, § 66; L. 2023, ch. 7, § 75; July 1.
2023 Kansas Statutes › Chapter 32 - Wildlife, Parks And Recreation › Article 10 - Enforcement › 32-1052 Complaint and proof; items not required therein.

32-1052. Complaint and proof; items not required therein.
In a prosecution of any person or persons for a violation of any of the wildlife and parks laws of this state or rules and regulations of the secretary, it shall not be necessary to:
(a) State in the complaint the true or scientific name of the wildlife involved in the alleged violation; or
(b) state in the complaint or to prove at the trial that the taking or possessing of any wildlife involved in the alleged violation was not for the sole purpose of using or preserving it as a specimen for scientific purposes.
History:
L. 1911, ch. 198, § 28; R.S. 1923, 32-128; L. 1989, ch. 118, § 138; L. 2012, ch. 47, § 67; L. 2023, ch. 7, § 76; July 1.
2023 Kansas Statutes › Chapter 32 - Wildlife, Parks And Recreation › Article 10 - Enforcement › 32-1053 Duties of county or district attorneys; prosecution fee.

32-1053. Duties of county or district attorneys; prosecution fee.
It shall be the duty of each county or district attorney to prosecute any person or persons charged with a violation of any of the wildlife and parks laws of this state or rules and regulations of the secretary. The attorney so prosecuting shall receive the fee established by law or by the court having jurisdiction over the matter for each prosecution in a district court, and such fee shall be taxed to the defendant in every case where conviction shall be had.
History:
L. 1911, ch. 198, § 32; R.S. 1923, 32-132; L. 1973, ch. 134, § 37; L. 1976, ch. 145, § 155; L. 1989, ch. 118, § 139; L. 2012, ch. 47, § 68; L. 2023, ch. 7, § 77; July 1.
2023 Kansas Statutes › Chapter 32 - Wildlife, Parks And Recreation › Article 10 - Enforcement › 32-1054 Report of prosecutions by the court to the department.

32-1054. Report of prosecutions by the court to the department.
It shall be the duty of every judge or clerk of the court before whom any prosecution for a violation of the wildlife and parks laws of this state or rules and regulations of the secretary is commenced or goes on appeal, within 20 days after disposition thereof or the occurrence of a failure to comply with a wildlife and parks citation, to report in writing to the department the result thereof. The report of any disposition or failure to comply with a wildlife and parks citation shall include the sentence of the court, the nature of the conviction or charge upon which the prosecution is based, the fines, fees, assessments and other penalties imposed and the forfeiture or suspension of any license, permit, stamp or other issue of the Kansas department of wildlife and parks, if any.
History:
L. 1911, ch. 198, § 33; R.S. 1923, 32-133; L. 1973, ch. 134, § 38; L. 1989, ch. 118, § 140; L. 2001, ch. 185, § 3; L. 2008, ch. 10, § 2; L. 2012, ch. 47, § 69; L. 2023, ch. 7, § 78; July 1.
2023 Kansas Statutes › Chapter 32 - Wildlife, Parks And Recreation › Article 10 - Enforcement › 32-1055 Prohibition on conducting surveillance on private property by employees of the Kansas department of wildlife and parks; exceptions.

32-1055. Prohibition on conducting surveillance on private property by employees of the Kansas department of wildlife and parks; exceptions.
(a) Except as provided in subsection (b), no employee of the Kansas department of wildlife and parks authorized to enforce the laws of the state of Kansas pursuant to K.S.A. 32-808, and amendments thereto, shall conduct surveillance on private property unless authorized pursuant to a lawfully issued warrant, court order or subpoena, the constitution of the United States or one of the following exceptions to the search warrant requirement:
(1) Exigent circumstances;
(2) consent searches; or
(3) the plain view doctrine.
(b) The provisions of subsection (a) shall not apply to any activities of an employee of the Kansas department of wildlife and parks when the purpose of the surveillance is to locate and retrieve a missing person.
(c) As used in this section:
(1) "Surveillance" means the installation and use of electronic equipment or devices on private property, including, but not limited to, the installation and use of a tracking device, video camera or audio recording device, to monitor activity or collect information related to the enforcement of the laws of the state of Kansas; and
(2) "tracking device" means the same as defined in K.S.A. 22-2502, and amendments thereto.
History:
L. 2022, ch. 92, § 2; July 1.
Language similar to section was enacted by L. 2022, ch. 78, § 2, but that version was repealed by L. 2022, ch. 92, § 9.
2023 Kansas Statutes › Chapter 32 - Wildlife, Parks And Recreation › Article 10 - Enforcement › 32-1062 Rules and regulations.

32-1062. Rules and regulations.
The secretary of the Kansas department of wildlife and parks shall make and publish such rules and regulations, not inconsistent with law, as deemed necessary to carry out the purposes of the wildlife violator compact.
History:
L. 2005, ch. 70, § 2; L. 2012, ch. 47, § 70; L. 2023, ch. 7, § 79; July 1.
2023 Kansas Statutes › Chapter 32 - Wildlife, Parks And Recreation › Article 10 - Enforcement › 32-1063 Suspension or revocation of license or privileges pursuant to compact; subsequent acts prohibited; penalties.

32-1063. Suspension or revocation of license or privileges pursuant to compact; subsequent acts prohibited; penalties.
It shall be unlawful for any person whose license, privilege, or right to hunt, fish, trap, possess or transport wildlife, having been suspended or revoked pursuant to the wildlife violator compact, to exercise that right or privilege within this state or to purchase or possess such a license grants such right or privilege.
(a) Any person who knowingly hunts, fishes, traps, possesses or transports any wildlife, or attempts to do any of the same, within this state in violation of such suspension or revocation pursuant to the wildlife violator compact shall be guilty of a class A nonperson misdemeanor and sentenced to the following:
(1) A fine of not less than $1,500 nor more than $5,000; and
(2) any privilege or right to hunt, fish, trap or otherwise take, possess or transport any wildlife in this state, or purchase or possess any license, permit, stamp or other issue of the Kansas department of wildlife and parks shall be forfeited or suspended for a period of not less than two years nor more than five years in addition to and consecutive to the original revocation or suspension set forth by the provisions of the compact;
(3) the sentencing judge may impose other sanctions pursuant to K.S.A. 21-6602 and 21-6604, and amendments thereto.
(b) Any person who knowingly purchases or possesses, or attempts to purchase or possess, a license to hunt, fish, trap, possess or transport wildlife in this state in violation of such suspension or revocation pursuant to the wildlife violator compact shall be guilty of a class A nonperson misdemeanor and sentenced to the following:
(1) A fine of not less than $750 nor more than $2,500; and
(2) any privilege or right to hunt, fish, trap or otherwise take, possess or transport any wildlife in this state, or purchase or possess any license, permit, stamp or other issue of the Kansas department of wildlife and parks shall be forfeited or suspended for a period of not less than two years in addition to and consecutive to the original revocation or suspension set forth by the provisions of the compact;
(3) the sentencing judge may impose other sanctions pursuant to K.S.A. 21-6602 and 21-6604, and amendments thereto.
History:
L. 2005, ch. 70, § 3; L. 2011, ch. 30, § 149; L. 2012, ch. 47, § 71; L. 2023, ch. 7, § 80; July 1.
2023 Kansas Statutes › Chapter 32 - Wildlife, Parks And Recreation › Article 10 - Enforcement › 32-1064 Licensing authority; duties.

32-1064. Licensing authority; duties.
As used in the compact, the term "licensing authority," with reference to this state, means the Kansas department of wildlife and parks. The secretary of wildlife and parks shall furnish to the appropriate authorities of party states any information or documents reasonably necessary to facilitate the administration of the compact.
History:
L. 2005, ch. 70, § 4; L. 2012, ch. 47, § 72; L. 2023, ch. 7, § 81; July 1.
2023 Kansas Statutes › Chapter 32 - Wildlife, Parks And Recreation › Article 10 - Enforcement › 32-1065 Compact administrator, compensation and expenses.

32-1065.
Compact administrator, compensation and expenses.
The compact administrator provided for in article VII of the wildlife violator compact shall not be entitled to any additional compensation for service as the administrator but shall be entitled to expenses incurred in connection with the duties and responsibilities of the administrator in the same manner as for expenses incurred in connection with any other duties or responsibilities of such office or employment.
History:
L. 2005, ch. 70, § 5; July 1.
2023 Kansas Statutes › Chapter 32 - Wildlife, Parks And Recreation › Article 10 - Enforcement › 32-1066 Board of compact administrators; appointment of state administrator.

32-1066. Board of compact administrators; appointment of state administrator.
The secretary of the Kansas department of wildlife and parks shall appoint the director or head administrator of the department's law enforcement division or section to serve on the board of compact administrators as the compact administrator for this state as required by section 1 subsection (a) of article VII of the wildlife violator compact.
History:
L. 2005, ch. 70, § 6; L. 2012, ch. 47, § 73; L. 2023, ch. 7, § 82; July 1.
2023 Kansas Statutes › Chapter 32 - Wildlife, Parks And Recreation › Article 10 - Enforcement › 32-1071 Citation of act.

32-1071. Citation of act.
K.S.A. 32-1071 through 32-1078, and amendments thereto, may be cited as the state sovereignty over non-migratory wildlife act.
History:
L. 2014, ch. 103, § 1; May 22.
2023 Kansas Statutes › Chapter 32 - Wildlife, Parks And Recreation › Article 10 - Enforcement › 32-1072 Authority.

32-1072. Authority.
The legislature declares that the authority for the state sovereignty over non-migratory wildlife act is the following:
(a) The tenth amendment to the constitution of the United States guarantees to the states and their people all powers not granted to the federal government elsewhere in the constitution and reserves to the state and people of Kansas certain powers as they were understood at the time that Kansas was admitted to statehood in 1861. The guaranty of those powers is a matter of contract between the state and people of Kansas and the United States as of the time that the compact with the United States was agreed upon and adopted by Kansas in 1859 and the United States in 1861.
(b) Article II, section 1 of the constitution of the state of Kansas authorizes the legislature of the state of Kansas to exercise the legislative power of the state, including the general police powers inherent in a sovereign state.
History:
L. 2014, ch. 103, § 2; May 22.
2023 Kansas Statutes › Chapter 32 - Wildlife, Parks And Recreation › Article 10 - Enforcement › 32-1073 Definitions.

32-1073. Definitions.
As used in the state sovereignty over non-migratory wildlife act:
(a) "Borders of Kansas" means the boundaries of Kansas described in the act for admission of Kansas into the union, 12 stat. 126, ch. 20, § 1.
(b) "Lesser prairie chicken" means the species tympanuchus pallidicinctus.
(c) "Greater prairie chicken" means the species tympanuchus cupido.
History:
L. 2014, ch. 103, § 3; May 22.
2023 Kansas Statutes › Chapter 32 - Wildlife, Parks And Recreation › Article 10 - Enforcement › 32-1074 Non-migratory nature of lesser and greater prairie chickens; successful management and preservation thereof.

32-1074. Non-migratory nature of lesser and greater prairie chickens; successful management and preservation thereof.
(a) The lesser prairie chicken and the greater prairie chicken are non-migratory species that are native to the grasslands of Kansas.
(b) The lesser prairie chicken and the greater prairie chicken do not inhabit or swim in any static bodies of water, navigable waterways or non-navigable waterways.
(c) The existence and management of the lesser prairie chicken and the greater prairie chicken do not have a substantial effect on commerce among the states.
(d) The Kansas department of wildlife and parks, and its predecessor agencies, have successfully managed lesser prairie chickens and greater prairie chickens in the state and have provided for the adequate preservation of the habitats of such species.
History:
L. 2014, ch. 103, § 4; L. 2023, ch. 7, § 83; July 1.
2023 Kansas Statutes › Chapter 32 - Wildlife, Parks And Recreation › Article 10 - Enforcement › 32-1075 Regulation of prairie chickens and prairie chicken habitats in Kansas.

32-1075. Regulation of prairie chickens and prairie chicken habitats in Kansas.
(a) The state of Kansas, acting through the Kansas legislature and through the Kansas department of wildlife and parks, possesses the sole regulatory authority to govern the management, habitats, hunting and possession of lesser prairie chickens and greater prairie chickens that exist within the state of Kansas.
(b) The lesser prairie chickens and the greater prairie chickens that exist within the state and the habitats of such species, are not subject to the endangered species act of 1973, as in effect on the effective date of this act, or any federal regulation or executive action pertaining thereto, under the authority of congress to regulate interstate commerce.
(c) Any federal regulation or executive action pertaining to the endangered species act of 1973, as in effect on the effective date of this act, that purports to regulate the following has no effect within the state:
(1) The lesser prairie chicken;
(2) the greater prairie chicken;
(3) the habitats of such species;
(4) farming practices that affect such species; or
(5) other human activity that affects such species or the habitats of such species.
History:
L. 2014, ch. 103, § 5; L. 2023, ch. 7, § 84; July 1.
2023 Kansas Statutes › Chapter 32 - Wildlife, Parks And Recreation › Article 10 - Enforcement › 32-1076 Enforcement of act.

32-1076. Enforcement of act.
A county or district attorney, or the attorney general may seek injunctive relief in any court of competent jurisdiction to enjoin any official, agent or employee of the government of the United States or employee of a corporation providing services to the government of the United States from enforcing any federal regulation or executive action pertaining to the endangered species act of 1973, as in effect on the effective date of this act, that purports to regulate the following within the state:
(a) The lesser prairie chicken;
(b) the greater prairie chicken;
(c) the habitats of such species;
(d) farming practices that affect such species; or
(e) other human activity that affects such species or the habitats of such species.
History:
L. 2014, ch. 103, § 6; May 22.
2023 Kansas Statutes › Chapter 32 - Wildlife, Parks And Recreation › Article 10 - Enforcement › 32-1077 Construction of act.

32-1077. Construction of act.
(a) This act shall not be construed to infringe on the authority of the United States department of agriculture to administer conservation programs that apply to:
(1) The lesser prairie chicken;
(2) the greater prairie chicken;
(3) the habitats of such species;
(4) farming practices that affect such species; or
(5) other human activity that affects such species or habitats of such species.
(b) This act shall not be construed to infringe on the authority of the United States environmental protection agency, or the state of Kansas under delegated authority, to administer the federal water pollution prevention and control act, as in effect on the effective date of this act, or the clean air act, as in effect on the effective date of this act, to the extent it may apply to:
(1) The lesser prairie chicken;
(2) the greater prairie chicken;
(3) the habitats of such species;
(4) farming practices that affect such species; or
(5) other human activity that affects such species or habitats of such species.
(c) This act shall not be construed to infringe on the authority of the Kansas department of wildlife and parks or any private citizen of this state to operate or participate in the range wide lesser prairie chicken management plan, the stakeholder conservation strategy for the lesser prairie chicken, or any other management or conservation plan pertaining to the lesser prairie chicken that may be developed with the assistance and participation of the United States fish and wildlife service and apply to:
(1) The lesser prairie chicken;
(2) the greater prairie chicken;
(3) the habitats of such species;
(4) farming practices that affect such species; or
(5) other human activity that affects such species or habitats of such species.
History:
L. 2014, ch. 103, § 7; L. 2023, ch. 7, § 85; July 1.
2023 Kansas Statutes › Chapter 32 - Wildlife, Parks And Recreation › Article 10 - Enforcement › 32-1078 Severability.

32-1078. Severability.
If any provision of the state sovereignty over non-migratory wildlife act or the application to any person or circumstance is held to be invalid in any court of competent jurisdiction, such invalidity shall not affect the other provisions or application of such act. To this end, the provisions of such act are declared to be severable.
History:
L. 2014, ch. 103, § 8; May 22.
2023 Kansas Statutes › Chapter 32 - Wildlife, Parks And Recreation › Article 11 - Boating And Water Activities › 32-1101 Policy.

32-1101.
Policy.
It is the policy of this state to promote safety for persons and property in and connected with the use, operation and equipment of vessels and to promote uniformity of laws relating thereto.
History:
L. 1959, ch. 321, § 1; July 1.
2023 Kansas Statutes › Chapter 32 - Wildlife, Parks And Recreation › Article 11 - Boating And Water Activities › 32-1103 Applicable laws; rules and regulations.

32-1103.
Applicable laws; rules and regulations.
(a) The provisions of K.S.A. 32-1101 through 32-1104, 32-1110 through 32-1113, 32-1119, 32-1125 through 32-1128, 32-1130 through 32-1137, 32-1148 through 32-1155, 32-1166, 32-1172, 32-1173 and 32-1177 through 32-1180, and amendments thereto, and of other applicable laws of this state shall govern the operation, equipment, numbering and all other matters relating thereto whenever any vessel shall be operated on the waters of this state, or when any activity regulated by this act shall take place thereon, but nothing in this act shall be construed to prevent the adoption of any ordinance or regulation by any subdivision or municipality of this state relating to waters under the control or jurisdiction of such subdivision or municipality, and such ordinances or regulations shall be valid and enforceable so long as and to the extent that they are not contradictory to provisions of article 11 of chapter 32 of the Kansas Statutes Annotated, and amendments thereto, or rules and regulations adopted thereunder. Such ordinances or regulations shall not be adopted by such subdivision or municipality until after public notice by the enacting body. Following such adoption the enacting body shall submit the same to the secretary, setting forth the reasons which make such regulations necessary or appropriate, and requesting the approval of such regulations by the secretary. If the secretary approves such regulations they shall become operative; otherwise, such regulations shall have no effect. Notwithstanding the foregoing provisions, the secretary shall not regulate fees to be charged by political subdivisions or municipalities as to waters under their control or jurisdiction.
(b) The secretary is hereby authorized to adopt, in accordance with K.S.A. 32-805, and amendments thereto, rules and regulations with reference to the operation of vessels on any waters within the state.
History:
L. 1959, ch. 321, § 15; L. 1961, ch. 471, § 7; L. 1989, ch. 118, § 154; July 1.
2023 Kansas Statutes › Chapter 32 - Wildlife, Parks And Recreation › Article 11 - Boating And Water Activities › 32-1104 Annual reports to county assessors.

32-1104.
Annual reports to county assessors.
Annually, on or before the first day of February, the secretary shall furnish to the county assessor of each county in this state a list of the names and addresses of the owners of motorboats in each county and the identification numbers issued therefor by the secretary which were in effect on January 1 of each year. It shall be the duty of the county assessors of each county to check such lists against the personal property tax returns of the owners of such motorboats for any discrepancies between such lists and such personal property tax returns.
History:
L. 1960, ch. 61, § 1; L. 1989, ch. 118, § 157; July 1.
2023 Kansas Statutes › Chapter 32 - Wildlife, Parks And Recreation › Article 11 - Boating And Water Activities › 32-1110 Display of number on vessel.

32-1110.
Display of number on vessel.
Every undocumented, mechanically propelled vessel or sailing vessel using the waters of this state, as its state of principal use, shall be numbered, except those exempted by K.S.A. 32-1113, and amendments thereto. No person shall operate or give permission for the operation of any motorboat or vessel propelled by sail on such waters unless such vessel is numbered in accordance with this act, applicable federal law or a federally approved numbering system of another state, and unless (1) the certificate of number awarded to such vessel is in full force and effect and (2) the identifying number set forth in the certificate of number is displayed on each side of the bow of such vessel, unless otherwise provided by rules and regulations of the secretary.
History: L. 1959, ch. 321, § 3; L. 1970, ch. 408, § 2; L. 1989, ch. 118, § 142; L. 2006, ch. 85, § 2; January 1, 2007.
2023 Kansas Statutes › Chapter 32 - Wildlife, Parks And Recreation › Article 11 - Boating And Water Activities › 32-1113 Exemptions.

32-1113.
Exemptions.
A vessel shall not be required to be numbered under this act if it is:
(1) Already covered by a number in full force and effect which has been awarded to it pursuant to federal law or a federally approved numbering system of another state, if such boat has not been within this state for a period in excess of 60 consecutive days.
(2) A vessel from a country other than the United States temporarily using the waters of this state.
(3) A vessel whose owner is the United States, a state or a subdivision thereof.
(4) A ship's lifeboat.
(5) A vessel belonging to a class of boats which has been exempted from numbering by the secretary if it is determined that the numbering of vessels of such class will not materially aid in their identification; and, if an agency of the federal government has a numbering system applicable to the class of vessels to which the vessel in question belongs, after the secretary has further found that the vessel would also be exempt from numbering if it were subject to the federal law.
(6) Vessel documented by the United States coast guard or federal agency successor thereto.
History: L. 1959, ch. 321, § 7; L. 1970, ch. 408, § 6; L. 1989, ch. 118, § 146; L. 1993, ch. 185, § 16; July 1.
2023 Kansas Statutes › Chapter 32 - Wildlife, Parks And Recreation › Article 11 - Boating And Water Activities › 32-1114 Dealer's licenses.

32-1114.
Dealer's licenses.
(a) No dealer of vessels shall be eligible to obtain dealer certificates of number pursuant to K.S.A. 32-1112, and amendments thereto, unless such dealer holds a dealer's license issued by the secretary. The application for a dealer's license shall be made to the secretary and shall contain such information as the secretary deems reasonable and pertinent for the enforcement of the provisions of this section. The application shall be accompanied by the fee required under K.S.A. 32-1172, and amendments thereto.
(b) A dealer's license shall be granted or refused within 30 days after the application is received by the secretary. The license shall expire, unless previously suspended or revoked, on December 31 of the calendar year for which the license is granted. Any application for renewal received by the secretary after February 15 shall be considered as a new application.
(c) The secretary may deny, suspend, revoke or refuse renewal of a person's dealer's license if the person has:
(1) Made a material false statement in an application for a dealer's license;
(2) filed a materially false or fraudulent tax return as certified by the director of taxation;
(3) knowingly used or permitted the use of a dealer certificate of number contrary to law;
(4) failed to notify the secretary within 10 days of any dealer certificate of number that has been lost, stolen, mutilated or destroyed; or
(5) has failed or refused to surrender the dealer's license or dealer's certificates of number to the secretary or the secretary's agent upon demand.
(d) The secretary may deny the application for the license within 30 days after receipt thereof by written notice to the applicant, stating the grounds for such denial. Upon request by the applicant whose license has been so denied, the applicant shall be granted an opportunity to be heard in accordance with the provisions of the Kansas administrative procedure act.
(e) If a licensee is a firm or corporation, it shall be sufficient cause for the denial, suspension or revocation of a license that any officer, director or trustee of the firm or corporation, or any member in case of a partnership, has been guilty of any act or omission which would be good cause for refusing, suspending or revoking a license to such party as an individual. Each licensee shall be responsible for the acts of any of the licensee's salespersons, representatives or employees while acting as the licensee's agent.
(f) Any licensee or other person aggrieved by a final order of the secretary pursuant to this section may appeal to the district court as provided by the Kansas judicial review act.
History:
L. 2004, ch. 79, § 2; L. 2010, ch. 17, § 50; July 1.