32-961. Same; special permits.
32-961
32-961. Same; special permits.(a) Whenever any species is listed as a threatened species pursuant toK.S.A. 32-960, the secretary shall adopt such rules and regulationspursuant to K.S.A. 32-963 as the secretary deems necessary andadvisable to provide for the conservation of such species. By rules andregulations adopted pursuant to K.S.A. 32-963, the secretary mayprohibit with respect to any threatened species included in a list adoptedpursuant to K.S.A. 32-960 any act which is prohibited undersubsection (b) with respect to any endangered species included in a listadopted pursuant to K.S.A. 32-960.
(b) Except as otherwise specifically provided by this section or rules andregulations adopted pursuant to this section, a special permit is required forany person subject to the jurisdiction of this state to:
(1) Export from this state any endangered species included in a list adoptedpursuant to K.S.A. 32-960;
(2) possess, process, sell , offer for sale, deliver, carry, transportor ship, by any means whatsoever, any such endangered species; or
(3) act in a manner contrary to any rule and regulation adopted by thesecretary pursuant to authority provided by K.S.A. 32-957 through32-963 and 32-1009 through 32-1012, which pertains to such endangered speciesor to any threatened species of wildlife included in a list adopted pursuant toK.S.A. 32-960.
(c) Subsection (b) does not apply to any endangered species listed pursuantto K.S.A. 32-960 and any species of wildlife determined to be anendangered species pursuant to Pub. L. 93-205 (December 28, 1973), theendangered species act of 1973, and amendments thereto, entering thestate from another state or from a point outside the territorial limits of theUnited States and being transported to a point within or beyond the state inaccordance with the terms of any federal permit or permit issued under the lawsor regulations of another state.
(d) The secretary may issue special permits to authorize, under such termsand conditions as the secretary prescribes, any act described in subsection (b)or any act which is otherwise prohibited by rules and regulations adoptedpursuant to subsection (a), for scientific purposes or to enhance thepropagation or survival of the affected species. Application for such permitshall be made to the secretary or the secretary's designee and shall beaccompanied by the fee prescribed pursuant to K.S.A. 32-988. Thesecretary shall maintain a list of permit applications under this subsection.Where such applications have been approved and special permits have beenissued, the secretary shall maintain a list of such permits, including thereinthe name and address of the permittee and the terms and conditions prescribedfor each such permit. The secretary shall keep such lists current and shallfile copies thereof, along with any additions or amendments, with the secretaryof the interior of the federal government.
(e) Threatened or endangered species included in a list adopted pursuant toK.S.A. 32-960 may be captured or destroyed without a permit by anyperson in an emergency situation involving an immediate and demonstrable threatto human life.
History: L. 1975, ch. 221, § 5;L. 1989, ch. 118, § 92; July 1.