Session of 2000
SENATE BILL No. 518
By Committee on Energy and Natural Resources
1-31
9 AN ACT
concerning wildlife; relating to deer permits; concerning qual-
10 ifications of
commercial guides; amending K.S.A. 32-964 and K.S.A.
11 1999 Supp. 32-937 and
repealing the existing sections.
12
13 Be it enacted by the Legislature of the
State of Kansas:
14 Section
1. K.S.A. 1999 Supp. 32-937 is hereby amended to read as
15 follows: 32-937. (a) When used in this
section:
16 (1) "Landowner"
means a resident owner of farm or ranch land of
17 80 acres or more located in the state of
Kansas.
18 (2) "Tenant"
means an individual who is actively engaged in the ag-
19 ricultural operation of 80 acres or more of
Kansas farm or ranch land for
20 the purpose of producing agricultural
commodities or livestock and who:
21 (A) Has a substantial financial investment
in the production of agricultural
22 commodities or livestock on such farm or
ranch land and the potential to
23 realize substantial financial benefit from
such production; or (B) is a bona
24 fide manager having an overall
responsibility to direct, supervise and con-
25 duct such agricultural operation and has
the potential to realize substan-
26 tial benefit from such production in the
form of salary, shares of such
27 production or some other economic incentive
based upon such
28 production.
29 (3) "Regular
season" means a statewide big game hunting season au-
30 thorized annually which may include one or
more seasons restricted to
31 specific types of equipment.
32 (4) "Special
season" means a big game hunting season in addition to
33 a regular season authorized on an irregular
basis or at different times of
34 the year other than the regular season.
35 (5) "General
permit" means a big game hunting permit available to
36 Kansas residents not applying for big game
permits as a landowner or
37 tenant.
38 (6) "Nonresident
landowner" means a nonresident of the state of
39 Kansas who owns farm or ranch land of 80
acres or more which is located
40 in the state of Kansas.
41 (7) "Nonresident
permit" means a big game hunting permit available
42 to individuals who are not Kansas
residents.
43 (b) Except as
otherwise provided by law or rules and regulations of
2
1 the secretary and in addition to any
other license, permit or stamp re-
2 quired by law or rules and
regulations of the secretary, a valid big game
3 permit and game tags are required to
take any big game in this state.
4 (c) The fee
for big game permits and game tags shall be the amount
5 prescribed pursuant to K.S.A. 32-988,
and amendments thereto.
6 (d) A big
game permit and game tags are valid throughout the state
7 or such portion thereof as provided
by rules and regulations adopted by
8 the secretary in accordance with
K.S.A. 32-805 and amendments thereto.
9 (e) Unless
otherwise provided by law or rules and regulations of the
10 secretary, a big game permit and game tags
are valid from the date of
11 issuance and shall expire at the end of the
season for which issued.
12 (f) The secretary
may adopt, in accordance with K.S.A. 32-805, and
13 amendments thereto, rules and regulations
for each regular or special big
14 game hunting season and for each management
unit regarding big game
15 permits and game tags. The secretary is
hereby authorized to issue big
16 game permits and game tags pertaining to
the taking of big game. Sep-
17 arate big game permits and game tags may be
issued for each species of
18 big game. No big game permits or game tags
shall be issued until the
19 secretary has established, by rules and
regulations adopted in accordance
20 with K.S.A. 32-805, and amendments thereto,
a regular or special big
21 game hunting season.
22 (g) The secretary
may authorize, by rule and regulation adopted in
23 accordance with K.S.A. 32-805, and
amendments thereto, landowner or
24 tenant hunt-on-your-own-land big game
permits. Such permits and ap-
25 plications may contain provisions and
restrictions as prescribed by rule
26 and regulation adopted by the secretary in
accordance with K.S.A. 32-
27 805, and amendments thereto.
28 (h) The secretary
may authorize, by rule and regulation adopted in
29 accordance with K.S.A. 32-805 and
amendments thereto, special land-
30 owner or tenant hunt-on-your-own-land deer
permits. Such special per-
31 mits shall not be issued to landowners or
tenants in possession of a hunt-
32 on-your-own-land deer permit as authorized
in subsection (g). The special
33 permits shall be transferable to any
immediate family member of the
34 landowner or tenant, whether or not a
Kansas resident, or the permit may
35 be retained for use by the landowner or
tenant. The special permits shall
36 be transferable through the secretary at
the request of the landowner or
37 tenant and by paying the required fee for a
general deer permit. The
38 special permits and applications may
contain provisions and restrictions
39 as prescribed by rule and regulation
adopted by the secretary in accord-
40 ance with K.S.A. 32-805 and amendments
thereto. For the purposes of
41 this subsection, "member of the immediate
family" means lineal or col-
42 lateral ascendants or descendants, and
their spouses.
43 (i) The
secretary shall authorize, by rules and regulations adopted
in
3
1 accordance with K.S.A. 32-805, and
amendments thereto, special land-
2 owner or tenant hunt-on-your-own
land deer permits that shall be trans-
3 ferable, with or without
compensation, by the landowner or tenant to any
4 person, whether or not a Kansas
resident. Such permits shall be in ad-
5 dition to any other permits
provided for by this section. Each such special
6 permit shall authorize the taking
of one antlered deer and one antlerless
7 deer and shall have attached
thereto game tags for each deer. The land-
8 owner or tenant may apply for and
receive a total number of such permits
9 equal to two such permits for each
80 acres owned by the landowner or
10 operated by the tenant. The special
permits shall be transferable on the
11 face of the permit. The fee for such
permit shall be equal to the fee for a
12 landowner or tenant
hunt-on-your-own-land permit issued pursuant to
13 subsection (g).
14 (i)
(j) Fifty percent of the big game permits authorized
for a regular
15 season in any management unit shall be
issued to landowners or tenants,
16 provided that a limited number of big game
permits have been authorized
17 and landowner or tenant
hunt-on-your-own-land big game permits for
18 that unit have not been authorized. A
landowner or tenant is not eligible
19 to apply for a big game permit as a
landowner or as a tenant in a man-
20 agement unit other than the unit or units
which includes such landowner's
21 or tenant's land. Any big game permits not
issued to landowners or ten-
22 ants within the time period prescribed by
rule and regulation may be
23 issued without regard to the 50%
limitation.
24 (j)
(k) Members of the immediate family who are domiciled
with a
25 landowner or tenant may apply for a big
game permit as a landowner or
26 as a tenant, but the total number of
permits issued to a landowner or
27 tenant and a landowner's or tenant's
immediate family shall not exceed
28 one permit for each 80 acres owned by such
landowner or operated by
29 such tenant. The secretary may require
proof of ownership or tenancy
30 from individuals applying for a big game
permit as a landowner or as a
31 tenant.
32 (k)
(l) The secretary may issue permits for deer or turkey
to nonres-
33 ident landowners, but any such permit shall
be restricted to hunting only
34 on lands owned by the nonresident
landowner.
35 (l)
(m) The secretary may issue turkey hunting permits to
nonresi-
36 dents in turkey management units with
unlimited turkey hunting permits
37 available.
38 (m)
(n) The secretary may issue deer hunting permits to
nonresi-
39 dents, subject to the following
limitations:
40 (1) The total
number of nonresident deer firearm permits of each
41 type specified by rules and regulations
that may be issued for a deer
42 season in a management unit shall not
exceed 5% of the total number of
43 resident deer firearm permits of such type
authorized for such season in
4
1 such management unit; and
2 (2) the
total number of nonresident deer archery permits of each type
3 specified by rules and regulations
that may be issued for a deer season in
4 a management unit shall not exceed 5%
of the total number of resident
5 deer archery permits of such type
authorized for such season in such
6 management unit.
7 Nonresident deer
archery permits may be restricted to a particular deer
8 species without regard to resident
deer archery permit species restric-
9 tions, or lack thereof.
10 If an unlimited number
of resident deer permits is authorized for a
11 deer season or management unit, the
percentage limitations of subsec-
12 tions (m)(1) and (m)(2)
(n)(1) and (n)(2) shall be based upon the total
13 number of resident firearm permits and the
total number of archery per-
14 mits, respectively, issued in the
management unit during the most recent
15 preceding similar season. If in a
management unit there are an unlimited
16 number of game tags available to residents,
the secretary, in the secre-
17 tary's discretion and in accordance with
rules and regulations, may au-
18 thorize the issuance of an unlimited number
of deer tags for such unit to
19 nonresidents.
20 (n)
(o) Any nonresident deer hunting permits authorized
under sub-
21 section (m) (n)
that remain unissued due to an insufficient number of
22 nonresident applications as of a deadline
determined by the secretary,
23 shall be made available to residents.
24 (o)
(p) No big game permit issued to a person under 14
years of age
25 shall be valid until such person reaches 14
years of age, except that a
26 person who is 12 years or 13 years of age
and has been issued a certificate
27 of completion of an approved hunter
education course may be issued: (1)
28 A deer archery permit if the person submits
to the secretary evidence,
29 satisfactory to the secretary, of
completion of a bow hunting safety edu-
30 cation course; or (2) a wild turkey firearm
permit. Such deer archery
31 permit or turkey firearm permit shall be
valid only while the individual
32 is hunting under the immediate supervision
of an adult who is 21 years
33 of age or older.
34 (p)
(q) A big game permit shall state the species, number
and sex of
35 the big game which may be killed by the
permittee. The secretary may
36 furnish an informational card with any big
game permit and, at the con-
37 clusion of the open season, each permittee
receiving such card shall re-
38 turn the card to the department, giving
such information as is called for
39 on the card.
40 (q)
(r) The permittee shall permanently affix the game tag
to the
41 carcass of any big game immediately after
killing and thereafter, if re-
42 quired by rules and regulations, the
permittee shall immediately take such
43 killed game to a check station as required
in the rules and regulations,
5
1 where a check station tag shall be
affixed to the game carcass if the kill
2 is legal. The tags shall remain
affixed until the carcass is consumed or
3 processed for storage.
4
(r) (s) The provisions of this section
do not apply to big game animals
5 sold in surplus property disposal
sales of department exhibit herds or big
6 game animals legally taken outside
this state.
7 Sec.
2. K.S.A. 32-964 is hereby amended to read as follows:
32-964.
8 (a) As used in this section:
9
(1) "Commercial guide services" means providing, offering to
pro-
10 vide, arranging for or assisting with
hunting or fishing activities for others
11 on a commercial basis, including but not
limited to providing any one or
12 more of the following when used in
conjunction with or for hunting or
13 fishing activities: Pack or riding
livestock, transportation other than by
14 commercial carrier, equipment or
facilities.
15 (2) "Provisional
guide" means a person who, during the calendar year,
16 performs commercial guide services for five
or fewer days and receives
17 $500 or less for such services, as
determined in accordance with rules and
18 regulations of the secretary.
19 (3) Terms defined
in K.S.A. 32-701 and amendments thereto have
20 the meanings provided by that section.
21 (b) A valid
commercial guide permit is required to provide commer-
22 cial guide services in this state.
23 (c) The
provisions of subsection (b) do not apply to a person who:
24 (1) Possesses a
controlled shooting area license and commercial guide
25 services performed by the person are
confined to the licensed controlled
26 shooting area;
27 (2) owns private
land and commercial guide services performed by
28 the person are confined to lands owned by
the individual;
29 (3) is a tenant,
as defined by K.S.A. 32-937 and amendments thereto,
30 and commercial guide services performed by
the person are confined to
31 farm or ranch land with respect to which
the person is such a tenant;
32 (4) is a
provisional guide who is a resident of this state and who
is
33 registered with the secretary;
34 (5) provides
commercial guide services in cooperation with a depart-
35 ment-approved activity; or
36 (6) does not
receive monetary compensation for providing commer-
37 cial guide services.
38 (d) Any person
who desires to provide commercial guide services
39 shall apply to the secretary for a
commercial guide permit. The application
40 shall give the name and address of the
applicant, the type of commercial
41 guide services to be provided, the area of
the state where guide services
42 would occur, a listing of facilities
proposed for use, a listing of equipment
43 to be available to the commercial guide
service customers, including pack
6
1 or riding livestock, and such other
information as required by the secre-
2 tary. The fee prescribed pursuant to
K.S.A. 32-988 and amendments
3 thereto shall accompany the
application.
4 (e) The
secretary may issue a commercial guide permit if the secre-
5 tary determines that:
6 (1) The
applicant possesses adequate knowledge of wildlife and parks
7 laws of this state and rules and
regulations of the secretary;
8 (2) the
applicant possesses adequate knowledge of hunting or fishing
9 skills; and
10 (3) the
applicant is a resident of this state; and
11 (4) the
application is complete and accurate.
12 The secretary may
require an applicant to successfully complete a writ-
13 ten or oral examination before issuing a
commercial guide permit.
14 (f) A commercial
guide permittee shall make such reports of permit-
15 ted activities to the secretary as required
by rule and regulation adopted
16 by the secretary in accordance with K.S.A.
32-805 and amendments
17 thereto.
18 (g) A commercial
guide permittee may employ one or more associate
19 guides to conduct services authorized by
the commercial guide permit
20 while the associate guide is in the
employment of the commercial guide
21 permittee. An associate guide permit is
required for any individual so
22 employed by a commercial guide
permittee.
23 (h) Any
individual who desires to obtain an associate guide permit
24 shall apply to the secretary. The
application shall give the name and ad-
25 dress of the applicant; the name, address
and commercial guide permit
26 number of the commercial guide by whom the
applicant would be em-
27 ployed; the notarized signature of such
commercial guide permittee; and
28 such other information as required by the
secretary. The fee prescribed
29 pursuant to K.S.A. 32-988 and amendments
thereto shall accompany the
30 application.
31 (i) The secretary
may issue an associate guide permit if the secretary
32 determines that:
33 (1) The applicant
possesses adequate knowledge of wildlife and parks
34 laws of this state and rules and
regulations of the secretary;
35 (2) the applicant
possesses adequate knowledge of hunting or fishing
36 skills; and
37 (3) the
applicant is a resident of this state; and
38 (4) the
application is complete and accurate.
39 The secretary may
require an applicant to successfully complete a writ-
40 ten or oral examination prior to issuance
of an associate guide permit.
41 (j) Commercial
guide permits and associate guide permits expire on
42 December 31 of each year.
43 (k) A commercial
guide permittee, associate guide permittee or pro-
7
1 visional guide may assist with the
legal taking of wildlife while providing
2 commercial guide services but shall
not perform the actual taking or
3 shooting of wildlife for the guided
person.
4 (l) Unless
exempt pursuant to K.S.A. 32-919 and amendments
5 thereto, a commercial guide
permittee, associate guide permittee or pro-
6 visional guide shall be required to
possess a valid hunting license issued
7 to such permittee or guide in order
to conduct hunting activities. Unless
8 exempt pursuant to K.S.A. 32-911 and
amendments thereto, a commer-
9 cial guide permittee, associate guide
permittee or provisional guide shall
10 be required to possess a valid fishing
license issued to such permittee or
11 guide in order to conduct fishing
activities. A commercial guide per-
12 mittee, associate guide permittee or
provisional guide shall be required
13 to possess any stamp as required by law to
engage in the activity.
14 (m) The secretary
shall adopt, in accordance with K.S.A. 32-805 and
15 amendments thereto, such rules and
regulations as necessary to admin-
16 ister and govern commercial guide services
and provisional guides, in-
17 cluding such restrictions and conditions as
required for wildlife resource
18 protection and to protect the public
interest and public safety.
19 (n) In addition
to any other penalty prescribed by law, failure to pro-
20 vide required reports, conviction of a
felony within the previous five years
21 or failure to comply with the wildlife and
parks laws of this state or rules
22 and regulations of the secretary shall be
grounds for the secretary to
23 refuse to issue, refuse to renew, suspend
or revoke a commercial guide
24 permit or an associate guide permit. Any
such refusal, suspension or rev-
25 ocation shall be in accordance with the
Kansas administrative procedure
26 act.
27 (o) The secretary
may prepare a general publication listing commer-
28 cial guide permittees and services offered
by the permittees for the pur-
29 pose of assisting the public in securing
the services of a commercial guide.
30 No commercial guide permittee shall be
included in such publication
31 without the written consent of the
permittee.
32 Sec. 3. K.S.A. 32-964 and K.S.A.
1999 Supp. 32-937 are hereby
33 repealed.
34 Sec. 4. This act shall
take effect and be in force from and after its
35 publication in the statute book.