Sources: Kansas Statutes Annotated, 1986, Chapters 21, 32, 58 and 79; 1992 Cumulative Supplement.
STATE WILDLIFE POLICY
It shall be the policy of the state of Kansas to protect, provide and improve outdoor recreation and natural resources in this state and to plan and provide for the wise management and use of such resources, thus contributing to and benefiting the public's health and its cultural, recreational and economic life. For these purposes, the Secretary, the Commission and the Department are vested with the duties and powers hereinafter set forth. The ownership of and title to all wildlife, both resident and migratory, in the state, not held by private ownerships, legally acquired, shall be, and are hereby declared to be in the state (32-702 and -703).
PROTECTED SPECIES OF WILDLIFE
The Secretary shall conduct ongoing investigations on nongame species to develop information relating to population, distribution, habitat needs, limiting factors and other biological and ecological data to determine conservation measures necessary for their continued ability to sustain themselves successfully. On the basis of such information, the Secretary shall adopt rules and regulations which contain a list of nongame species in need of conservation and develop conservation programs to insure the continued ability of nongame species to perpetuate themselves successfully. The Secretary shall adopt rules and regulations which establish limitations for taking, possessing, transporting, exporting, processing, selling, offering for sale or shipping in order to conserve nongame species (32-959).
Except as otherwise provided, a permit is required to perform wildlife rehabilitation services. If the Secretary determines that the applicant possesses adequate facilities for and knowledge of wildlife rehabilitation, the Secretary may issue a rehabilitation permit, setting necessary terms. These provisions do not apply to licensed veterinarians (32-953).
Whenever a species indigenous to the state is listed by the Secretary as a threatened species, the Secretary shall adopt rules and regulations to provide for the conservation of the species. By rules and regulations the Secretary may prohibit for a listed threatened species an act prohibited for an endangered species. Except as otherwise provided, a special permit is required for a person subject to state jurisdiction to: export from the state an endangered species; possess, process, sell, offer for sale, deliver, carry, transport, or ship an endangered species; act in a manner contrary to a rule and regulation pertaining to endangered and threatened species. The Secretary may issue special permits to authorize a proscribed act for scientific purposes or to enhance the propagation or survival of an affected species. Threatened or endangered species may be captured or destroyed without a permit in an emergency situation involving an immediate and demonstrable threat to human life (32-961).
Except as provided in rules and regulations, it shall be unlawful for a person to take, possess, transport, export, process, sell or offer for sale or ship nongame species in need of conservation and for a common or contract carrier knowingly to transport or receive such species for shipment. Except as provided, the intentional taking of a threatened or endangered species indigenous to the state, and included in a list of such species, shall constitute unlawful taking of a threatened species (32-1009 and -1010).
HABITAT PROTECTION
The Secretary shall establish programs, including acquisition of land or aquatic habitat, necessary for the conservation of nongame, threatened and endangered species (32-962).
"Conservation easement" means a non-possessory interest of a real property holder imposing limitations or affirmative obligations for retaining or protecting natural, scenic or open-space values of real-property, assuring its availability for agricultural, forest, recreational or open- space use, protecting natural resources, maintaining or enhancing air or water quality, or preserving historical, architectural, archeological, or cultural aspects of real property. Conservation easements may be created by grants to both governmental entities and charitable corporations. A conservation easement may be created only by the record owner of the surface of the land. Except by court action and unless the instrument creating it otherwise provides, a conservation easement shall be limited in duration to the lifetime of the grantor and may be revoked (58-3810 and -3811).
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New Mexico Center for Wildlife Law
University of New Mexico School of Law
1117 Stanford NE, Albuquerque, NM 87131
(505) 277-5006
lprovenc@unm.edu