32-960. Same; threatened or endangered species.
32-960
32-960. Same; threatened or endangered species.(a) The secretary shall determine whether any species of wildlifeindigenous to the state is a threatened species or an endangered species inthis state because of any of the following factors:
(1) The present or threatened destruction, modification or curtailmentof its habitat or range;
(2) the overutilization of such species for commercial, sporting,scientific, educational or other purposes;
(3) disease or predation;
(4) the inadequacy of existing regulatory mechanisms; or
(5) the presence of other natural or man-made factors affecting itscontinued existence within this state.
(b) (1) The secretary shall make the determinations required bysubsection (a) on the basis of the best scientific, commercial and otherdata available to the secretary and after consultation, asappropriate, with federalagencies, other interested state agencies and interested persons andorganizations.
(2) In determining whether any species of wildlife is a threatenedspecies or an endangered species in this state, thesecretary shall takeinto consideration those actions, if any, being carried out or about to becarried out by the federal government, by other states, by other agenciesof this state or political subdivisions thereof, or by nongovernmentalpersons or organizations which may affect the species under consideration.
(3) Species of wildlife which occur in this state and which have beendetermined to be threatened species or endangered species pursuant to Pub.L. No. 93-205 (December 28, 1973), the endangered species act of 1973, andamendments thereto, shall receive fullconsideration by the secretaryto determine whether each such species is a threatened or an endangeredspecies in this state.
(c) (1) The secretary shall adopt, in accordance with K.S.A. 32-805 andamendments thereto, rules and regulations pursuant to K.S.A.32-963 and amendments thereto which contain a list of all species ofwildlife indigenous tothis state which have been determined to be endangered species pursuant to thissection and a list of all such species which have been determined to bethreatened species pursuant to this section. Each list shall refer to thespecies contained therein by their scientific and common names, if any, andshall specify with respect to each such species the portion of the range ofsuch species within this state in which it is threatened or endangered.
(2) The secretary may not add a species to nor remove a species fromany such list unless the secretary has first:
(A) Published a public notice of such proposed action;
(B) notified the governor of any state which shares a common border withthis state and in which the subject species is known to occur that such actionis being proposed; and
(C) (i) in cases where the secretary determines that an emergencysituation exists, published a public notice that such an emergency situationexists, together with a summary of facts that support such determination; or(ii) in all other cases,conducted publicinformational meetings to coincide with the scientific review outside theagency which will recommend action with regard to the addition of the speciesto or removal of the species from the list. All documents within the controland custody of the secretary that pertain to adding the species to or removingthespecies from the list shall be made available to the public in a localrepository, such as a public library, courthouse or regional office of thedepartment. The secretary shall also mail a notice of the proposed addition ofthe species to or removal of the species from the list to federal and stateagencies and local and tribal governments that are or may be affected byresults of the review and to all individuals and organizations that haverequested notification of department action regarding the administration ofthis act. The secretary shall also issue news releases to publicize theproposed addition of the species to or removal of the species from the list.
(3) Upon the petition of an interested person, the secretary shallconduct a review of any listed or unlisted species of wildlife proposed tobe removed from or added to either of the lists adopted pursuant to thissubsection (c), but only if the secretary makes adetermination and publishesa public notice that such person has presented substantial evidence whichwarrants such a review.Once the secretary has made a determination that a review is warranted, theprocess described in subsection (c)(2), including the conducting of a publicinformation meeting, shall apply.
(d) Every five years the secretary shall conduct a review of the specieslisted pursuant to this act (except for those species listed pursuant to thefederal endangered species act of 1973, as amended) and shall submit anyproposed changes in the listings tothe following for consideration: (1) Federal and state agencies and local andtribal governments that are or may be affected by results of the change; and(2) all individuals and organizations that have requested notification ofdepartmental action regarding administration of this act. After at least 90days for comment by the agencies, governments, individuals and organizations towhich the proposed changes are submitted, the secretary shall submit to thecommission proposed rules and regulationsmaking any changes that thesecretarydetermines should be made in the listings.
History: L. 1975, ch. 221, § 4;L. 1989, ch. 118, § 91;L. 1997, ch. 113, § 2; May 1.