Biological Diversity Policy

Kansas does not have a formal biodiversity policy. However, state statutes provide that it is public policy to use conservation measures to protect public lands, and to protect the state's natural resources. (Kan. Stat. Ann. 2-1902, 32-702) Kansas has a Minimum Desirable Stream Flow Act that protects base flows of approximately 36 streams in the state for fish and other aquatic life. (Kan. Stat. Ann. 82a-703a, 703b, 703c)

Status of Biodiversity Science

Kansas does not have a coordinated assessment system in place. Instead, the state utilizes its Natural Heritage Database and GAP, which began in 1995. In addition, a remote sensing program is used to inventory biological resources.

Endangered Species

Kansas has an endangered species law that covers animals but not plants. (Kan. Stat. Ann. 32-957 thru 32-963, 32-1009 thru 32-1012, and 32-1033) Listing is based on scientific and commercial data. The law allows for the designation and protection of critical habitat, and requires agency consultation, but does not require recovery plans. The law takes a single species approach, although attempts have been made to use a multiple species approach. Penalties for violations of the law, ranging from a Class A to a class C misdemeanor, include fines up to $500 and up to six months in jail.

State Agency Management for Biodiversity

State-owned Lands

Kansas has no formal requirements to plan and manage its lands in a biologically sustainable manner, although the Department of Game and Fish reported that it conducts some management for biodiversity.

Cooperative Efforts

The state engages in some cooperative efforts to improve land management across ownership boundaries. For example, the Deer Management Program is run by the Department of Wildlife and Parks and federal agencies to manage deer populations in the state.

State Agency Training

Kansas has no identified programs of agency personnel training specifically for biodiversity.

Impact Assessment

Kansas does not have a "little NEPA," requiring assessment of major proposed agency impacts on biological resources. However, the Water Projects Environmental Coordination Act requires an environmental review of water projects. (Kan. Stat. Ann. 82A-325 to 327) Under the Act, environmental effects must be considered before a water development project is approved or permitted. Reviewers then suggest ways that projects may be modified to minimize or mitigate impacts.

Habitat Acquisition

Kansas has some programs designed to acquire lands important because of their wildlife values. Two programs are targeted toward specific regions of the state; another provides funds for the acquisition of migratory waterfowl habitat. Funding for the programs comes from the sale of wildlife stamps, donations and federal and state allocations, totaling approximately $100,000 annually. The migratory waterfowl habitat program receives approximately $50,000 per year from the sale of stamps. In addition, the Department of Wildlife and Parks has a strategic plan that includes land acquisition guidelines.

Private Land Conservation

Kansas has some private land conservation programs. Conservation easements are authorized by statute. A Wildlife Habitat Improvement program works to improve habitat on private land. The program provides technical assistance, cost sharing on materials, and in some cases, equipment and labor toward developing wildlife habitats on private lands. Under another program, landowners who donate land to the state for wildlife habitat receive tax benefits.

Exotic Species

Kansas has some provisions designed to control the introduction and spread of exotic species. However, the state allows the importation and sale of exotic species provided the wildlife was obtained legally. (Kan. Admin. Regs. 115-20-3) Permits are required for the importation of all wildlife. (Kan. Stat. Ann. 32-956) Penalties for violation are a class C misdemeanor citation. The Board of Animal Health, in conjunction with the federal government, is reportedly working on better control mechanisms for exotic species.

Predator or Animal Damage Control Activities

Kansas has an animal damage control program that is operated in conjunction with the federal government. For the first time in 28 years, the state and federal programs are working together. Prior to this time, the state utilized an extension agent who encouraged prevention measures through education. (Kan. Stat. Ann. 76-459, 76-461) Under the program, farmers were encouraged to use practices that reduce the risk of predation, and received training on how to trap or kill predators. The program also provided for studies to prevent agricultural damage, including nonlethal methods, and youth education programs to increase the understanding of the management of wild animals. (Kan. Stat. Ann. 76-462) The annual budget for the program was $60,000.

Additional Legal Protections for Biodiversity

No constitutional or common law protections were identified by the research.

Related Issues

A Wildlife Education Service is operated by the Department of Wildlife and Parks, and provides educational materials for schools in the state. In addition, the state utilizes Project WILD, and published a wildlife viewing guide, though independent of the Watchable Wildlife series.

Kansas recently passed a takings law. (H.B. 2015) The law requires the promulgation of guidelines regarding whether governmental actions constitute a takings and provides for compensation. By January 1, 1996, all state agencies must complete takings impact assessments based on the guidelines.

Contacts:

Kansas Biological Survey
2041 Constant Ave.
Foley Hall
Lawrence, KS 66047-2906
913-864-7725

Kansas Department of Wildlife and Parks
900 SW Jackson St.
Suite 502
Topeka, KS 66612-1233
913-296-2281

Kansas State and Extension Forestry
Kansas State University
2610 Claflin Rd.
Manhattan, KS 66502
913-537-7050

State Board of Agriculture
901 S. Kansas Ave.
Topeka, KS 66612-1280
913-296-3558

State Conservation Commission
109 SW Ninth St.
Suite 500
Topeka, KS 66612-1299
913-296-3600

State Extension Services
Animal Damage Control
Department of Animal Sciences and Industry
128 Call Hall
Kansas State University
Manhattan, KS 66506
913-532-1210