32-962. Same; programs for conservation. (a) The secretary shall establish such programs, including acquisition of land or aquatic habitat, as are deemed necessary for the conservation of nongame, threatened and endangered species. The secretary shall utilize all authority vested in the secretary by the laws of this state to carry out the purposes of this section with the exception that the secretary shall not utilize the power of eminent domain to carry out such programs unless a specific authorization and appropriation is made therefor by the legislature.
(b) (1) In carrying out programs authorized by this section, the secretary may enter into agreements with federal agencies, other states, other state agencies, political subdivisions of this state or private persons for administration and management of any area established under this section or utilized for conservation of nongame species, species in need of conservation or threatened or endangered species. Such programs shall include, but not be limited to, the following conservation agreements:
(A) Prelisting conservation agreement: An agreement identifying land where the contracting entity agrees to carry out management activities that increase the likelihood of species survival before a species is listed as threatened or endangered. The intent of such agreement would be to allow the contracting entity to carry out management activities specified in the agreement during the life of the agreement without penalties of law enforcement action or permitting requirements if the species is listed at a later date.
(B) Safe harbor agreement: An agreement in which the contracting entity agrees to maintain or enhance suitable, but currently unoccupied, habitat for a species listed as in need of conservation, threatened or endangered so as to increase utilization of the habitat by a listed species. The intent of such agreement would be to protect the contracting entity from any restrictions on land use that might otherwise occur if a listed species immigrates into the habitat.
(C) No take agreement: An agreement allowing the contracting entity to implement voluntary management activities that maintain, enhance, set aside or create habitat for species listed as in need of conservation, threatened or endangered. The intent of such agreement would be to provide assurance that the management activities specified in the agreement would not lead to penalties of law enforcement action or permitting requirements if future changes in land use are needed.
(2) The initial term of any agreement pursuant to subsection (b)(1) shall be five years. An agreement may be continued, with or without modification, after the five-year term, subject to review and determination by all parties. In the absence of a mutually satisfactory determination by the parties that an agreement should continue, the agreement will terminate.
(c) The governor shall review other programs administered by the governor and utilize such programs in furtherance of the purposes of the nongame and endangered species conservation act. All state agencies shall cooperate with the secretary in furtherance of the conservation of nongame, threatened and endangered species.
History: L. 1975, ch. 221, § 6; L. 1989, ch. 118, § 93; L. 1997, ch. 113, § 5; May 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.