32-961. Same; special permits; recovery plan, reports. (a) Whenever any species is listed as a threatened species pursuant to K.S.A. 32-960, and amendments thereto, the secretary shall adopt such rules and regulations pursuant to K.S.A. 32-963, and amendments thereto, as the secretary deems necessary and advisable to provide for the conservation of such species. By rules and regulations adopted pursuant to K.S.A. 32-963, and amendments thereto, the secretary may prohibit with respect to any threatened species included in a list adopted pursuant to K.S.A. 32-960, and amendments thereto, except as provided in subsection (c), any act which is prohibited under subsection (b).
(b) Except as otherwise specifically provided by this section or rules and regulations adopted pursuant to this section, a special permit is required for any person subject to the jurisdiction of this state to:
(1) Export from this state any endangered species included in a list adopted pursuant to K.S.A. 32-960, and amendments thereto;
(2) possess, process, sell, offer for sale, deliver, carry, transport or ship, by any means whatsoever, any such endangered species; or
(3) act in a manner contrary to any rule and regulation adopted by the secretary pursuant to authority provided by K.S.A. 32-957 through 32-963 and 32-1009 through 32-1012, and amendments thereto, which pertains to such endangered species or to any threatened species of wildlife included in a list adopted pursuant to K.S.A. 32-960, and amendments thereto.
(c) The provisions of subsection (b)(3) shall not apply to:
(1) Normal farming and ranching practices, including government cost-shared agriculture land treatment measures, unless a permit is required by another state or federal agency or such practices involve an intentional taking of a threatened species under K.S.A. 32-1010, and amendments thereto, or involve an intentional taking of an endangered species under K.S.A. 32-1011, and amendments thereto;
(2) development of residential and commercial property on privately owned property financed with private, nonpublic funds unless a permit is required by another state or federal agency or the development involves an intentional taking of a threatened species under K.S.A. 32-1010, and amendments thereto, or involves an intentional taking of an endangered species under K.S.A. 32-1011, and amendments thereto; or
(3) activities for which a person has obtained a scientific, educational or exhibition permit, as provided by K.S.A. 32-952, and amendments thereto.
(d) For the purposes of this section, a permit required by another state or federal agency shall not include a certification or registration.
(e) Subsection (b) shall not apply to any endangered species listed pursuant to K.S.A. 32-960, and amendments thereto, and any species of wildlife determined to be an endangered species pursuant to Pub. L. 93-205 (December 28, 1973), the endangered species act of 1973, and amendments thereto, entering the state from another state or from a point outside the territorial limits of the United States and being transported to a point within or beyond the state in accordance with the terms of any federal permit or permit issued under the laws or regulations of another state.
(f) The secretary may issue special permits to authorize, under such terms and conditions as the secretary prescribes, any act described in subsection (b) or any act which is otherwise prohibited by rules and regulations adopted pursuant to subsection (a), for scientific purposes or to enhance the propagation or survival of the affected species. Application for such permit shall be made to the secretary or the secretary's designee and shall be accompanied by the fee prescribed pursuant to K.S.A. 32-988, and amendments thereto. The secretary shall maintain a list of permit applications under this subsection. Where such applications have been approved and special permits have been issued, the secretary shall maintain a list of such permits, including therein the name and address of the permittee and the terms and conditions prescribed for each such permit. The secretary shall keep such lists current and shall file copies thereof, along with any additions or amendments, with the secretary of the interior of the federal government.
(g) Threatened or endangered species included in a list adopted pursuant to K.S.A. 32-960, and amendments thereto, may be captured or destroyed without a permit by any person in an emergency situation involving an immediate and demonstrable threat to human life.
(h) (1) For all new species listed as endangered or threatened by the secretary pursuant to this act on and after July 1, 2016, recovery plans for such species shall be completed within four years after the species is listed. If such recovery plan is not completed within four years, no permit shall be required by the secretary for any activity that would otherwise require a permit pursuant to this act until the recovery plan is complete. The provisions of this paragraph shall not apply to any species listed as endangered or threatened under the endangered species act of 1973 (Pub. L. No. 93-205).
(2) The secretary shall annually submit a report on all species listed as endangered or threatened as of June 30, 2016, to the senate committee on natural resources and the house committee on agriculture and natural resources. Such report shall include:
(A) The status of species with a completed recovery plan;
(B) the status of species with a recovery plan currently in process, but not yet complete; and
(C) future goals for completing recovery plans for any listed species that does not yet have a recovery plan.
History: L. 1975, ch. 221, § 5; L. 1989, ch. 118, § 92; L. 2016, ch. 99, § 2; July 1.
Structure Kansas Statutes
Chapter 32 - Wildlife, Parks And Recreation
Article 9 - Licenses, Permits, Stamps And Other Issues
32-901 Park and recreation motor vehicle permits; fees; posting of information.
32-912 Furharvester education; certificate of competency.
32-913 Same; instruction requirements; designation of persons to issue certificates.
32-914 Same; courses of instruction; certificates from other jurisdictions.
32-921 Same; instruction requirements; designation of persons to issue certificates.
32-922 Same; courses of instruction; certificates from other jurisdictions.
32-923 Same; issuance of certificate; fee.
32-924 Same; liability insurance for persons conducting course.
32-929 Permanent licenses, American Indians.
32-931 Handicapped hunting and fishing permit.
32-932 Physical disability, crossbow permits.
32-933 Physical or visual disability, assistance permit.
32-937 Big game permits; deer crossbow hunting pilot project.
32-938 Big game or wild turkey permits; reissuance to certain military personnel.
32-939 Migratory waterfowl habitat stamp.
32-941 Commercial harvest permits.
32-943 Controlled shooting areas; definitions.
32-944 Same; land requirements.
32-945 Controlled shooting areas; license; inspections, when required.
32-946 Same; shooting season; hunting licenses.
32-947 Same; special deer permits.
32-948 Same; rules and regulations.
32-949 Same; actions against license.
32-950 Same; judicial review of actions against license.
32-952 Scientific, educational or exhibition permit.
32-954 Field trial permit or commercial dog training permit.
32-955 Wildlife damage control permit.
32-956 Wildlife importation permits.
32-957 Nongame and endangered species conservation act; title.
32-960 Same; threatened or endangered species.
32-960a Same; recovery plans; advisory committees, duties.
32-960b Same; guidelines for enforcement and permit requirements.
32-961 Same; special permits; recovery plan, reports.
32-962 Same; programs for conservation.
32-965 Big game control; permits.
32-966 Deer management plan to reduce motor vehicle accidents.
32-967 Deer management to reduce property damage.
32-968 Landowner deer management program; report; pilot project.
32-969 Wild turkey permits; tags; definitions.
32-970 Commission permits to take big game; issuance.
32-971 Youth hunt of a lifetime and wounded warrior deer permits; issuance.
32-974 Private water fishing impoundment; exemptions.
32-975 Same; waiver of exemptions.
32-976 Private water fishing impoundments; stocking or restocking of fish prohibited, when.
32-982 Application; procedure.
32-983 Issuance by department; lost or stolen issues or fees.
32-984 Issuance by county clerk's office; disposition of fees.
32-985 Agents; designation; bond; disposition of fees.
32-986 Same; refunds for unsold issues.
32-987 Issues lost or stolen while in county clerk's possession.
32-992 Fees from lifetime licenses; wildlife conservation fund.
32-993 Migratory waterfowl propagation and protection fund.
32-994 Wildlife and parks gifts and donations fund.
32-996 Wildlife restoration fund.
32-997 Sport fish restoration fund.
32-998 Wildlife, parks and tourism nonrestricted fund.
32-999 Cabin fees, authorization and limitations.
32-9,100 Resident senior combination hunting and fishing pass.