CHAPTER 180 HOUSE BILL No. 2868
      An Act concerning wildlife; relating to certain big game permits and tags; relating to total
      licensed acreage for controlled shooting areas in a county; amending K.S.A. 32-945 and
      K.S.A. 1997 Supp. 32-937 and repealing the existing sections.

Be it enacted by the Legislature of the State of Kansas:

Section 1. K.S.A. 1997 Supp. 32-937 is hereby amended to read as
follows: 32-937. (a) When used in this section:

(1) ``Landowner'' means a resident owner of farm or ranch land of
80 acres or more located in the state of Kansas.

(2) ``Tenant'' means a resident of this state who is actively engaged
in the agricultural operation of 80 acres or more of Kansas farm or ranch
land for the purpose of producing agricultural commodities or livestock
and who: (A) Has a substantial financial investment in the production of
agricultural commodities or livestock on such farm or ranch land and the
potential to realize substantial financial benefit from such production; or
(B) is a bona fide manager having an overall responsibility to direct, su-
pervise and conduct such agricultural operation and has the potential to
realize substantial benefit from such production in the form of salary,
shares of such production or some other economic incentive based upon
such production.

(3) ``Regular season'' means a statewide big game hunting season au-
thorized annually which may include one or more seasons restricted to
specific types of equipment.

(4) ``Special season'' means a big game hunting season in addition to
a regular season authorized on an irregular basis or at different times of
the year other than the regular season.

(5) ``General permit'' means a big game hunting permit available to
Kansas residents not applying for big game permits as a landowner or
tenant.

(6) ``Nonresident landowner'' means a nonresident of the state of
Kansas who owns farm or ranch land of 80 acres or more which is located
in the state of Kansas.

(7) ``Nonresident permit'' means a big game hunting permit available
to individuals who are not Kansas residents.

(b) Except as otherwise provided by law or rules and regulations of
the secretary and in addition to any other license, permit or stamp re-
quired by law or rules and regulations of the secretary, a valid big game
permit and game tags are required to take any big game in this state.

(c) The fee for big game permits and game tags shall be the amount
prescribed pursuant to K.S.A. 32-988, and amendments thereto.

(d) A big game permit and game tags are valid throughout the state
or such portion thereof as provided by rules and regulations adopted by
the secretary in accordance with K.S.A. 32-805 and amendments thereto.

(e) Unless otherwise provided by law or rules and regulations of the
secretary, a big game permit and game tags are valid from the date of
issuance and shall expire at the end of the season for which issued.

(f) The secretary may adopt, in accordance with K.S.A. 32-805, and
amendments thereto, rules and regulations for each regular or special big
game hunting season and for each management unit regarding big game
permits and game tags. The secretary is hereby authorized to issue big
game permits and game tags pertaining to the taking of big game. Sep-
arate big game permits and game tags may be issued for each species of
big game. No big game permits or game tags shall be issued until the
secretary has established, by rules and regulations adopted in accordance
with K.S.A. 32-805, and amendments thereto, a regular or special big
game hunting season.

(g) The secretary may authorize, by rule and regulation adopted in
accordance with K.S.A. 32-805, and amendments thereto, landowner or
tenant hunt-on-your-own-land big game permits. Such permits and ap-
plications may contain provisions and restrictions as prescribed by rule
and regulation adopted by the secretary in accordance with K.S.A. 32-
805, and amendments thereto.

(h) The secretary may authorize, by rule and regulation adopted in
accordance with K.S.A. 32-805 and amendments thereto, special land-
owner or tenant hunt-on-your-own-land deer permits. Such special per-
mits shall not be issued to landowners or tenants in possession of a hunt-
on-your-own-land deer permit as authorized in subsection (g). The special
permits shall be transferable to any immediate family member of the
landowner or tenant, whether or not a Kansas resident, or the permit may
be retained for use by the landowner or tenant. The special permits shall
be transferable through the secretary at the request of the landowner or
tenant and by paying the required fee for a general deer permit and the
additional payment of the permit transfer fee. The special permits and
applications may contain provisions and restrictions as prescribed by rule
and regulation adopted by the secretary in accordance with K.S.A. 32-
805 and amendments thereto. For the purposes of this subsection, ``mem-
ber of the immediate family'' means lineal or collateral ascendants or
descendants, and their spouses.

(i) Fifty percent of the big game permits authorized for a regular
season in any management unit shall be issued to landowners or tenants,
provided that a limited number of big game permits have been authorized
and landowner or tenant hunt-on-your-own-land big game permits for
that unit have not been authorized. A landowner or tenant is not eligible
to apply for a big game permit as a landowner or as a tenant in a man-
agement unit other than the unit or units which includes such landowner's
or tenant's land. Any big game permits not issued to landowners or ten-
ants within the time period prescribed by rule and regulation may be
issued without regard to the 50% limitation.

(j) Members of the immediate family who are domiciled with a land-
owner or tenant may apply for a big game permit as a landowner or as a
tenant, but the total number of permits issued to a landowner or tenant
and a landowner's or tenant's immediate family shall not exceed one per-
mit for each 80 acres owned by such landowner or operated by such
tenant. The secretary may require proof of ownership or tenancy from
individuals applying for a big game permit as a landowner or as a tenant.

(k) The secretary may issue permits for deer or turkey to nonresident
landowners, but any such permit shall be restricted to hunting only on
lands owned by the nonresident landowner.

(l) The secretary may issue turkey hunting permits to nonresidents
in turkey management units with unlimited turkey hunting permits avail-
able.

(m) The secretary may issue deer hunting permits to nonresidents,
subject to the following limitations:

(1) The total number of nonresident deer firearm permits of each
type specified by rules and regulations that may be issued for a deer
season in a management unit shall not exceed 5% of the total number of
resident deer firearm permits of such type authorized for such season in
such management unit; and

(2) the total number of nonresident deer archery permits of each type
specified by rules and regulations that may be issued for a deer season in
a management unit shall not exceed 5% of the total number of resident
deer archery permits of such type authorized for such season in such
management unit.

Nonresident deer archery permits may be restricted to a particular deer
species without regard to resident deer archery permit species restrictions,
or lack thereof.

If an unlimited number of resident deer permits is authorized for a
deer season or management unit, the percentage limitations of subsec-
tions (m)(1) and (m)(2) shall be based upon the total number of resident
firearm permits and the total number of archery permits, respectively,
issued in the management unit during the most recent preceding similar
season. Notwithstanding the foregoing provisions of this subsection, non-
resident firearm deer permits of a particular type and nonresident archery
deer permits of a particular type may be issued in a firearms management
unit only if resident firearm permits of such type remained unissued after
the close of the previous year's first permit selection process in that man-
agement unit If in a management unit there are an unlimited number of
game tags available to residents, the secretary, in the secretary's discretion
and in accordance with rules and regulations, may authorize the issuance
of an unlimited number of deer tags for such unit to nonresidents.

(n) Any nonresident deer hunting permits authorized under subsec-
tion (m) that remain unissued due to an insufficient number of nonresi-
dent applications as of a deadline determined by the secretary, shall be
made available to residents.

(o) No big game permit issued to a person under 14 years of age shall
be valid until such person reaches 14 years of age, except that a person
who is 12 years or 13 years of age and has been issued a certificate of
completion of an approved hunter education course may be issued: (1) A
deer archery permit if the person submits to the secretary evidence, sat-
isfactory to the secretary, of completion of a bow hunting safety education
course; or (2) a wild turkey firearm permit. Such deer archery permit or
turkey firearm permit shall be valid only while the individual is hunting
under the immediate supervision of an adult who is 21 years of age or
older.

(p) A big game permit shall state the species, number and sex of the
big game which may be killed by the permittee. The secretary may furnish
an informational card with any big game permit and, at the conclusion of
the open season, each permittee receiving such card shall return the card
to the department, giving such information as is called for on the card.

(q) The permittee shall permanently affix the game tag to the carcass
of any big game immediately after killing and thereafter, if required by
rules and regulations, the permittee shall immediately take such killed
game to a check station as required in the rules and regulations, where a
check station tag shall be affixed to the game carcass if the kill is legal.
The tags shall remain affixed until the carcass is consumed or processed
for storage.

(r) The provisions of this section do not apply to big game animals
sold in surplus property disposal sales of department exhibit herds or big
game animals legally taken outside this state.

Sec. 2. K.S.A. 32-945 is hereby amended to read as follows: 32-945.
(a) Upon receipt of an application for a license to operate a controlled
shooting area, the secretary shall cause an inspection to be made of:

(1) The proposed licensed area described in such application;

(2) the premises and facilities where game birds are to be propagated,
raised and liberated;

(3) the cover for game birds on such area; and

(4) the ability of the applicants to operate a controlled shooting area.

(b) If the secretary finds that the area contains not less nor more than
the number of acres required by K.S.A. 32-944 and amendments thereto,
is contiguous and has the proper requirements and facilities for the op-
eration of a controlled shooting area and that the issuing of the license
will otherwise be in the public interest, the secretary may approve the
application and issue the controlled shooting area license.

(c) A controlled shooting area license expires on June 30 of the op-
erational year for which issued.

(d) The secretary shall limit controlled shooting areas so that the total
acreage licensed as controlled shooting areas in a county does not exceed
2% 3% of the total acreage of such county.

Sec. 3. K.S.A. 32-945 and K.S.A. 1997 Supp. 32-937 are hereby re-
pealed.

Sec. 4. This act shall take effect and be in force from and after its
publication in the Kansas register.

Approved May 14, 1998

Published in the Kansas Registers May 21, 1998

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