32-807. Powers of secretary.
32-807
32-807. Powers of secretary.The secretary shall have the power to:
(a) Adopt, in accordance with K.S.A. 32-805 and amendmentsthereto, such rules and regulations as necessary to implement, administer andenforcethe provisions of the wildlife and parks laws of this state;
(b) enter into such contracts and agreements as necessary or incidentalto the performance of the powers and duties of the secretary;
(c) employ or contract for, and fix the compensation of, consultingengineers, attorneys, accountants and construction and financial experts,all of whom shall be in the unclassified service under the Kansas civil serviceact;
(d) designate an official seal and alter it at the secretary's pleasure;
(e) sue, be sued, plead and be impleaded in the name of the department;
(f) purchase, lease, accept gifts or grants of or otherwise acquire inthe name of the state such water, water rights, easements, facilities,equipment,moneys and other real and personal property, and interests therein, includingany property abandoned on department lands and waters, andmaintain, improve, extend, consolidate, exchange and dispose of suchproperty, as the secretary deems appropriate to carry out the intent andpurposes of the wildlife and parks laws of this state;
(g) acquire, establish, develop, construct, maintain and improvestate parks, state lakes, recreational grounds, wildlife areas andsanctuaries, fish hatcheries, natural areas, physical structures, dams,lakes, reservoirs, embankments for impounding water, roads, landscaping,habitats, vegetation and other property, improvements and facilities forthe purposes of wildlife management, preservation of natural areas andhistoric sites and providing recreationalor cultural opportunities and facilities to the public and for such otherpurposes assuitable to carry out the intent and purposes of wildlife and parks laws ofthis state;
(h) operate and regulate the use of state parks, state lakes, recreational grounds,wildlife areas and sanctuaries, fish hatcheries, natural areas, historic sites andother lands, waters and facilities under the jurisdiction and control ofthe secretary, so as to promote the public health, safety and decency andthe purposes for which such lands, waters and facilities are maintained andoperated and to protect and safeguard such lands, waters and facilities,including but not limited to:
(1) Regulating the demeanor, actions and activities of persons usingor within such lands, waters and facilities;
(2) providing forthe inspection of boats,the issuance of permits for operation of watercraft of all kinds and thecharging and collection of fees for the inspection and operation of suchcraft;
(3) prescribing the type, style, location and equipment of all wharves,docks, anchorages, pavilions, restaurants and other structures orbuildings which may be constructed along the shores or upon the water ofany body of water or land controlled by the department, and providing forthe licensing, inspection and supervision of such structures or buildings;
(4) granting and imposing charges for permits and for all commercial uses orpurposes for which any of the properties of the department may be used;
(5) charging fees to use special facilities provided for the publicor giving written authorization to lessees of the department to charge such fees; and
(6) operating, renting or leasing any such lands, waters and facilities which in thejudgment of the secretary are necessary or desirable for the use andpleasure of visitors or for management of such lands, waters and facilitiesand fixing and collecting reasonable fees, tolls, rentals and charges forthe use or operation thereof.All contracts or leasesfor the exercise of any concession shall be entered into only upon thebasis of sealed proposals which shall be made and let by the secretaryexcept that: (A) Where a concessionaire has an existing lease with thesecretary or any agency of the federal government which the secretarydesires to renew, renegotiate or acquire and sublease, such lease orsublease may be negotiated directly in accordance with rules andregulations of the secretary and without compliance with the requirementshereinbefore specified; (B) any such contract or lease for a term of 30days or less may be made by the secretary directly in accordance with rulesand regulations of the secretary; and (C) the secretary shall haveauthority to reject any or all proposals;
(i) have exclusive administrative control over state parks, state lakes,recreational areas, wildlife areas and sanctuaries, fish hatcheries, natural areasand other lands, watersand facilities under the jurisdiction of the secretary;
(j) provide for protection against fire and storm damage to the lands,waters and facilities under the jurisdiction of the secretary;
(k) contract with the federal government pursuant to public law 89-72 inorder to acquire land by purchase, lease, agreement or otherwise on ElDorado and Hillsdale reservoir project lands;
(l) apply for, receive and accept from any federal agency any federal grantsavailable for the purposes of the wildlife and parks laws of this state;
(m) have authority, control and jurisdiction over all matters relating tothedevelopment and conservation of wildlife andrecreation resources of the state insofaras it pertains to forests, woodlands, public lands, submarginallands, prevention of soil erosion, habitats and thecontrol and utilization of waters, including all lakes, streams, reservoirsand dams,except that this subsection shall notprohibit any political subdivision of the state or privatecorporation from having full control of any lake now constructed and ownedby it;
(n) conduct research in matters relating to the purposes of the wildlifeand parks laws of this state anddisseminate information relating thereto for the public use and benefit;
(o) publicize to the citizens of this and other states the naturalresources and facilities existing in Kansas and encourage people to visitKansas by disseminating available information as to the naturalresources and recreational advantages of the state;
(p) develop public recreation as related to natural resources and implementa state recreational plan which may include, but shall not be limited to,the general location, character and extent of state lands, waters andfacilities for public recreational purposes and methods for better use oflands, waters and facilities which are within the scope of the plan or thepurpose of the wildlife and parks laws of this state but, beforeimplementation of such plan or any partthereof, the secretary shall submit it to any state agency affected therebyfor such agency's advice and recommendations;
(q) provide for the preservation, protection, introduction,distribution, restocking and restoration of wildlife, and the public usethereof, in this state,including, but not limited to:
(1) Establishing, by rules andregulations adopted in accordance with K.S.A. 32-805 andamendments thereto, open seasons when wildlifemay be taken or transportedin the state of Kansas,or in any part or area of the state designated by counties,major streams, federal impoundments or federal,state or county highways, or by otherrecognizable boundaries, which openseasons may be established for a specified time in one year only orfor a specified time in an indefinite number of years andwhich open seasons on migratory birds shall not extend beyond or exceedthose in effect under federal laws and regulations;
(2) establishing, by rules and regulations adopted in accordance withK.S.A. 32-805 and amendments thereto, the number of wildlifewhich may be takenby a person, as the legal limit for any one calendarday and for the open season, whichlimit on migratory fowl shall not extend beyond or exceedthose limits in effect under federal laws and regulations;
(3) establishing, by rules and regulations adopted in accordance withK.S.A. 32-805 and amendments thereto,the legal size limits of fish or frogs which may be taken;
(4) establishing, by rules and regulations adopted in accordance withK.S.A. 32-805 and amendments thereto, the conditions, procedure andrulesunder which any person may sell, purchase, buy, deal or trade inwildlife in the state of Kansas; and
(5) capturing, propagating, transporting, selling, exchanging, giving ordistributing anyspecies of wildlife, by any means or manner, needed for stocking orrestocking any lands or waters in this state, except that the power tocapture any species of wildlife for any purpose shall not apply to privateproperty except by permission of the owners of the property or in the caseof an emergency threatening the public health or welfare;
(r) establish, by rules and regulations adopted in accordance withK.S.A. 32-805 and amendments thereto, the period of time that alicense, permit, stamp or other issue of the department shallbe in effect, unless such period is otherwise established by law,and provisions for acceptance of any issue of the department before itseffective date as a valid issue if the secretary determines such acceptancebest serves the public good; and
(s) do such other acts and things as necessary and proper to carry outthe intent and purpose of the wildlife and parks laws of this state and tobetter protect, conserve,control, use, increase, develop and provide for the enjoyment of thenatural resources of this state.
History: L. 1989, ch. 118, § 9;L. 1993, ch. 185, § 2; July 1.