32-1002. Taking or dealing in wildlife; penalties.
32-1002
32-1002. Taking or dealing in wildlife;penalties.(a) Unless and except as permitted by law or rules andregulations adopted by the secretary in accordance with K.S.A.32-805 and amendments thereto, it is unlawful for any person to:
(1) Hunt, fish, furharvest or take any wildlife in this state by any meansor manner;
(2) possess, any wildlife, dead or alive, at any timeor in any number, in this state;
(3) purchase, sell, exchange, ship or offer for sale, exchange orshipment any wildlife in this state;
(4) take any wildlife in this state for sale, exchange or other commercialpurposes;
(5) possess any seine, trammel net, hoop net, fyke net, fish gig, fishspear, fish trap or other device, contrivance or material for the purposeof taking wildlife; or
(6) take or use, at any time or in any manner, any game bird, gameanimal, coyote or furbearing animal, whether pen-raised or wild, in anyfield trial or for training dogs.
(b) The provisions of subsections (a)(2) and (a)(3) do not apply to animalssold insurplus property disposal sales of department exhibit herds or animalslegally taken outside this state, except the provisions of subsection (a)(3)shall apply to:
(1) The meat of game animals legally taken outside this state; and
(2) other restrictions as provided by rule and regulation of thesecretary.
(c) The provisions of this section shall not be construed to prevent:
(1) Any person from taking starlings or English and European sparrows; or
(2) owners or legal occupants of land from killing any animals whenfound in or near buildings on their premises or when destroying property,subject to the following: (A) The provisions of all federal laws andregulations governing protected species and the provisions of K.S.A.32-957 through 32-963, and rules and regulations adopted thereunder; (B)it isunlawful to use, or possess with intent to use, any such animal so killedunless authorized by rules and regulations of the secretary; and (C) suchowners or legal occupants shall make reasonable efforts to alleviate theirproblems with any such animals before killing them.
(d) Any person convicted of violating provisionsof this section shall by subject to the penalties prescribed in K.S.A. 32-1031,and amendments thereto, except as provided in K.S.A. 32-1032, and amendmentsthereto, relating to big game and wild turkey.
History: L. 1989, ch. 118, § 114;L. 1993, ch. 185, § 9;L. 2005, ch. 182, § 3; July 1.