Session of 2000
HOUSE BILL No. 2977
By Committee on Agriculture
2-10
9 AN ACT
concerning wildlife; relating to big game permits; amending
10 K.S.A. 1999 Supp.
32-937 and repealing the existing section.
11
12 Be it enacted by the Legislature of the
State of Kansas:
13 Section
1. K.S.A. 1999 Supp. 32-937 is hereby amended to read as
14 follows: 32-937. (a) When used in this
section:
15 (1) "Landowner"
means a resident owner of farm or ranch land of
16 80 acres or more located in the state of
Kansas.
17 (2) "Tenant"
means an individual who is actively engaged in the ag-
18 ricultural operation of 80 acres or more of
Kansas farm or ranch land for
19 the purpose of producing agricultural
commodities or livestock and who:
20 (A) Has a substantial financial investment
in the production of agricultural
21 commodities or livestock on such farm or
ranch land and the potential to
22 realize substantial financial benefit from
such production; or (B) is a bona
23 fide manager having an overall
responsibility to direct, supervise and con-
24 duct such agricultural operation and has
the potential to realize substan-
25 tial benefit from such production in the
form of salary, shares of such
26 production or some other economic incentive
based upon such
27 production.
28 (3) "Regular
season" means a statewide big game hunting season au-
29 thorized annually which may include one or
more seasons restricted to
30 specific types of equipment.
31 (4) "Special
season" means a big game hunting season in addition to
32 a regular season authorized on an irregular
basis or at different times of
33 the year other than the regular season.
34 (5) "General
permit" means a big game hunting permit available to
35 Kansas residents not applying for big game
permits as a landowner or
36 tenant.
37 (6) "Nonresident
landowner" means a nonresident of the state of
38 Kansas who owns farm or ranch land of 80
acres or more which is located
39 in the state of Kansas.
40 (7) "Nonresident
permit" means a big game hunting permit available
41 to individuals who are not Kansas
residents.
42 (b) Except as
otherwise provided by law or rules and regulations of
43 the secretary and in addition to any other
license, permit or stamp re-
2
1 quired by law or rules and
regulations of the secretary, a valid big game
2 permit and game tags are required to
take any big game in this state.
3 (c) The fee
for big game permits and game tags shall be the amount
4 prescribed pursuant to K.S.A. 32-988,
and amendments thereto.
5 (d) A big
game permit and game tags are valid throughout the state
6 or such portion thereof as provided
by rules and regulations adopted by
7 the secretary in accordance with
K.S.A. 32-805 and amendments thereto.
8 (e) Unless
otherwise provided by law or rules and regulations of the
9 secretary, a big game permit and game
tags are valid from the date of
10 issuance and shall expire at the end of the
season for which issued.
11 (f) The secretary
may adopt, in accordance with K.S.A. 32-805, and
12 amendments thereto, rules and regulations
for each regular or special big
13 game hunting season and for each management
unit regarding big game
14 permits and game tags. The secretary is
hereby authorized to issue big
15 game permits and game tags pertaining to
the taking of big game. Sep-
16 arate big game permits and game tags may be
issued for each species of
17 big game. No big game permits or game tags
shall be issued until the
18 secretary has established, by rules and
regulations adopted in accordance
19 with K.S.A. 32-805, and amendments thereto,
a regular or special big
20 game hunting season.
21 (g) The secretary
may authorize, by rule and regulation adopted in
22 accordance with K.S.A. 32-805, and
amendments thereto, landowner or
23 tenant hunt-on-your-own-land big game
permits. Such permits and ap-
24 plications may contain provisions and
restrictions as prescribed by rule
25 and regulation adopted by the secretary in
accordance with K.S.A. 32-
26 805, and amendments thereto.
27 (h) The secretary
may authorize, by rule and regulation adopted in
28 accordance with K.S.A. 32-805 and
amendments thereto, special land-
29 owner or tenant hunt-on-your-own-land deer
permits. Such special per-
30 mits shall not be issued to landowners or
tenants in possession of a hunt-
31 on-your-own-land deer permit as authorized
in subsection (g). The special
32 permits shall be transferable to any
immediate family member of the
33 landowner or tenant, whether or not a
Kansas resident, or the permit may
34 be retained for use by the landowner or
tenant. The special permits shall
35 be transferable through the secretary at
the request of the landowner or
36 tenant and by paying the required fee for a
general deer permit. The
37 special permits and applications may
contain provisions and restrictions
38 as prescribed by rule and regulation
adopted by the secretary in accord-
39 ance with K.S.A. 32-805 and amendments
thereto. For the purposes of
40 this subsection, "member of the immediate
family" means lineal or col-
41 lateral ascendants or descendants, and
their spouses.
42 (i) Fifty percent
of the big game permits authorized for a regular
43 season in any management unit shall be
issued to landowners or tenants,
3
1 provided that a limited number of big
game permits have been authorized
2 and landowner or tenant
hunt-on-your-own-land big game permits for
3 that unit have not been authorized. A
landowner or tenant is not eligible
4 to apply for a big game permit as a
landowner or as a tenant in a man-
5 agement unit other than the unit or
units which includes such landowner's
6 or tenant's land. Any big game
permits not issued to landowners or ten-
7 ants within the time period
prescribed by rule and regulation may be
8 issued without regard to the 50%
limitation.
9 (j) Members
of the immediate family who are domiciled with a land-
10 owner or tenant may apply for a big game
permit as a landowner or as a
11 tenant, but the total number of permits
issued to a landowner or tenant
12 and a landowner's or tenant's immediate
family shall not exceed one per-
13 mit for each 80 acres owned by such
landowner or operated by such
14 tenant. The secretary may require proof of
ownership or tenancy from
15 individuals applying for a big game permit
as a landowner or as a tenant.
16 (k) The secretary
may issue permits for deer or turkey to nonresident
17 landowners, but any such permit shall be
restricted to hunting only on
18 lands owned by the nonresident
landowner.
19 (l) The secretary
may issue turkey hunting permits to nonresidents
20 in turkey management units with unlimited
turkey hunting permits
21 available.
22 (m) Except as
otherwise provided by this subsection, the secretary
23 may issue deer hunting permits to
nonresidents, subject to the following
24 limitations:
25
(1) . The total number of nonresident deer
firearm permits of each
26 type specified by rules and regulations
that may be issued for a deer
27 season in a management unit shall not
exceed 5% of the total number of
28 resident deer firearm permits of such type
authorized for such season in
29 such management unit;
and
30 (2) the
total number of nonresident deer archery permits of each
type
31 specified by rules and regulations
that may be issued for a deer season in
32 a management unit shall not exceed
5% of the total number of resident
33 deer archery permits of such type
authorized for such season in such
34 management unit.
35 Nonresident deer
archery permits may be restricted to a particular deer
36 species without regard to resident deer
archery permit species restric-
37 tions, or lack thereof.
38 If an unlimited number
of resident deer permits is authorized for a
39 deer season or management unit, the
percentage limitations of subsec-
40 tions (m)(1) and
(m)(2) this subsection shall be based upon the
total num-
41 ber of resident firearm permits and
the total number of archery permits,
42 respectively, issued in
the management unit during the most recent pre-
43 ceding similar season. If in a management
unit there are an unlimited
4
1 number of game tags available to
residents, the secretary, in the secre-
2 tary's discretion and in accordance
with rules and regulations, may au-
3 thorize the issuance of an unlimited
number of deer tags for such unit to
4 nonresidents.
5 (n) Any
nonresident deer hunting permits authorized under subsec-
6 tion (m) that remain unissued due to
an insufficient number of nonresi-
7 dent applications as of a deadline
determined by the secretary, shall be
8 made available to residents.
9 (o) No big
game permit issued to a person under 14 years of age shall
10 be valid until such person reaches 14 years
of age, except that a person
11 who is 12 years or 13 years of age and has
been issued a certificate of
12 completion of an approved hunter education
course may be issued: (1) A
13 deer archery permit if the person submits
to the secretary evidence, sat-
14 isfactory to the secretary, of completion
of a bow hunting safety education
15 course; or (2) a wild turkey firearm
permit. Such deer archery permit or
16 turkey firearm permit shall be valid only
while the individual is hunting
17 under the immediate supervision of an adult
who is 21 years of age or
18 older.
19 (p) A big game
permit shall state the species, number and sex of the
20 big game which may be killed by the
permittee. The secretary may furnish
21 an informational card with any big game
permit and, at the conclusion of
22 the open season, each permittee receiving
such card shall return the card
23 to the department, giving such information
as is called for on the card.
24 (q) The permittee
shall permanently affix the game tag to the carcass
25 of any big game immediately after killing
and thereafter, if required by
26 rules and regulations, the permittee shall
immediately take such killed
27 game to a check station as required in the
rules and regulations, where a
28 check station tag shall be affixed to the
game carcass if the kill is legal.
29 The tags shall remain affixed until the
carcass is consumed or processed
30 for storage.
31 (r) The
provisions of this section do not apply to big game animals
32 sold in surplus property disposal sales of
department exhibit herds or big
33 game animals legally taken outside this
state.
34 Sec. 2. K.S.A. 1999 Supp. 32-937
is hereby repealed.
35 Sec. 3. This act shall
take effect and be in force from and after its
36 publication in the statute book.