32-941. Commercial harvest permits.
32-941
32-941. Commercial harvest permits.(a) Except as otherwise authorized by law or rules andregulations of the secretary, a commercialharvest permit is required, in addition to any other license, permit or stamprequired by law or rules and regulations of the secretary, to take anywildlife in this state on a commercial basis.
(b) Subsection (a) does not apply to:
(1) A person acting within the scope of a valid furharvester or validfur dealer license issued to such person; or
(2) a private water fishing impoundment.
(c) Subject to the requirements of law and rules and regulations of thesecretary, a person may obtain a commercialharvest permit from the secretary or the secretary's designee by makingapplication and paying the fee prescribed pursuant to K.S.A.32-988, and amendments thereto.
(d) The area and period of time for which a commercial harvest permitis valid shall be in accordance with rules and regulations of the secretary.
(e) Any person having a valid hunting license or any person not requiredto have a hunting license pursuant to K.S.A. 32-919, and amendmentsthereto, may annually obtain a special permit to harvest prairie rattlesnakeson a commercial basis upon payment of the fee prescribed therefor by K.S.A.32-988, and amendments thereto. Any person may annually obtain a specialnonfirearm permit to harvest prairie rattlesnakes on a commercial basis uponpayment of the fee prescribed therefor by K.S.A. 32-988, andamendments thereto.
(f) The secretary may adopt, in accordance with K.S.A.32-805 and amendments thereto, rules and regulations necessary toimplement, administer and enforce the provisions of this section and togovern the taking of wildlife on a commercial basisexcept that, for calendar year 1993, the following provisions shall governthe commercial taking, selling, buying, trading and possession of prairierattlesnakes:
(1) The harvest and possession of prairie rattlesnakes for commercialpurposes shall occur only between the effective date of this act and June 30;
(2) the possession limit shall not exceed 30 prairie rattlesnakes;
(3) prairie rattlesnakes may be taken only by hand, snake hook or snakecatchers;
(4) prairie rattlesnakes legally taken by a commercial prairie rattlesnakeharvest permittee maybe sold to: (A) A commercial prairie rattlesnake dealer; (B) a person legallyauthorized by another state to purchase prairie rattlesnakes; or (C) any otherperson if the prairie rattlesnakes are not purchased for resale or sold;
(5) any person desiring to purchase prairie rattlesnakes for resale orexport from the state shall obtain a commercial prairie rattlesnake dealerpermit;
(6) a commercial prairie rattlesnake dealer may possess and selllegally acquired prairie rattlesnakes without regard to time or numbers;
(7) the cost of a commercial prairie rattlesnake harvest permit for anyperson in possession of a valid hunting license issued to such person or anyperson not required to have a hunting license pursuant to K.S.A. 32-919 andamendments thereto shall be $5;
(8) the cost of a commercial prairie rattlesnake harvest permit for anyperson without a valid hunting license shall be $20;
(9) the cost of a commercial prairie rattlesnake dealer permit shall be $50;and
(10) commercial prairie rattlesnake harvest permittees and commercialprairie rattlesnake dealer permittees shall report permit activities ifrequested by the department.
(g) Rules and regulations adopted by the secretary pursuant tothissection may include, with regard to fishing on a commercial basis,establishment and designation of:
(1) Certain portions of the Missouri river bordering on this state andcertain streams, lakes and impoundments, or parts thereof, in this state tobe open to commercial fishing for such period of time as the secretaryspecifies;
(2) methods and equipment for the taking of fish on a commercial basis;
(3) inspections and frequency of inspections;
(4) size and specifications of seines, nets, traps and other commercialfishing equipment and methods of tagging such equipment;
(5) procedures for handling, sale or exchange of fish taken on a commercial basis;
(6) species of fish subject to commercial fishing and any size or numberrestrictions; and
(7) a bonding requirement for commercial fishing.
The secretary may limit commercial fishing to contract only, and thecontractor shall provide such reports and information as required by thesecretary. In addition to any other penalty prescribed by law for aviolation of law or rules and regulations of the secretary pertaining tocommercial fishing, the secretary may revoke a commercial fishing contractor refuse to issue such contract.
History: L. 1989, ch. 118, § 72;L. 1993, ch. 139, § 1; April 15.