Kan. Admin. Regs. § 115-16-5
Current through Register Vol. 43, No. 49, December 5, 2024
Section 115-16-5 - Wildlife control permit; operational requirements(a) Each person holding a valid wildlife control permit issued according to K.A.R. 115-16-6, and each person assisting the permittee while under the constant and direct supervision and in the constant presence of the permittee, shall be authorized to take, transport, release, and euthanize wildlife subject to the restrictions described in this regulation and on the permit.(b) Wildlife may be taken under the authorization of a wildlife control permit only when one or more of the following circumstances exist: (1) The wildlife is found in or near buildings.(2) The wildlife is destroying or about to destroy property.(3) The wildlife is creating a public health or safety hazard or other nuisance.(c) Subject to the restrictions described in this regulation and on the permit, a wildlife control permit shall allow the taking of the following species, despite any other season, open unit, or limit restrictions that may be established by the department: (6) nongame mammals, except house mice and Norway rats;(7) pigeons, English sparrows, and starlings; and(8) migratory birds and waterfowl, subject to K.S.A. 32-1008 and amendments thereto.(d) Subject to applicable federal, state, and local laws and regulations, the wildlife listed in subsection (c) may be taken with the following equipment or methods: (1) Trapping equipment, if each trapping device is equipped with a metal tag with the permittee's name and address or the permittee's department-issued identification number and is checked at least once each calendar day, and if snares are not attached to a drag. Trapping equipment shall consist of the following:(2) firearms and accessory equipment, as follows:(A) Optical scopes or sights; and(B) sound-suppression devices;(3) BB guns and pellet guns;(7) toxicants registered by the Kansas department of agriculture, except that such use may be subject to K.A.R. 115-16-1, K.A.R. 115-16-2, or K.A.R. 115-16-3;(8) habitat modification;(12) any other methods to exclude or frighten wildlife, including repellents; and(13) any other method as specified on the permit.(e) No person shall possess a live species of wildlife taken under the authority of a wildlife control permit beyond the close of the calendar day following capture, unless specifically authorized by the department. Live wildlife shall not be used for display purposes, programs, training dogs, or otherwise kept in captivity, except that pigeons may be used for training dogs.(f) Subject to applicable federal, state, and local laws and regulations, wildlife taken pursuant to a wildlife control permit shall be disposed of using one or more of the following methods: (1) Wildlife taken alive may be controlled using lethal methods or equipment including the methods or equipment listed in paragraphs (d)(2), (d)(3), (d)(4), and (d)(7).(2) Wildlife taken alive may be relocated and released, subject to the following requirements: (A) Wildlife may be released only in suitable habitat located at least 10 miles from the original capture site and only with the prior written permission of the person in legal possession of the release site.(B) Wildlife shall not be released in a location so close to human dwellings that the release is likely to result in recurrence of the reason the wildlife was taken.(C) Wildlife shall not be released within the limits of any municipality without prior written permission from the appropriate municipal authority.(D) Wildlife may be released on department lands or waters only with the prior written approval of the department.(E) Wildlife shall not be released if injured or if displaying common symptoms of disease, including any of the following:(i) Lack of coordination;(ii) unusual lack of aggressiveness;(iii) unusual secretions from the eyes, nose, or mouth;(iv) rapid or uneven respiration;(vi) loss of muscle control; or(vii) loss of large patches of hair.(F) Wildlife shall not be transported from the state except as authorized by the department.(3) Wildlife species listed in K.A.R. 115-15-1 or K.A.R. 115-15-2, or other wildlife species designated by the department, shall be released according to paragraph (f)(2) if unharmed. If harmed or injured, these species shall be submitted to either the department or a person holding a valid wildlife rehabilitation permit issued according to K.A.R. 115-18-1.(4) Wildlife controlled by poison shall be removed immediately, and all dead wildlife shall be disposed of using one of the following methods:(A) The wildlife may be submitted to a licensed landfill, renderer, or incinerator.(B) The wildlife may be disposed of on private property with the prior written permission of the person in legal possession of the property, except that the wildlife shall not be disposed of within the limits of any municipality without prior written permission from the appropriate municipal authority.(C) Any part of the wildlife, excluding the flesh, may be sold, given, purchased, possessed, and used for any purpose, with the following restrictions and exceptions:(i) The raw fur, pelt, or skin of furbearers may be sold only to a licensed fur dealer.(ii) The carcass and meat of a furbearer may be sold, given, purchased, possessed, and used for any purpose.(iii) No part of any migratory bird or waterfowl shall be sold, given, purchased, possessed, or used for any purpose.(iv) Each person purchasing unprocessed parts of the wildlife shall maintain a bill of sale for at least one calendar year.(D) Dead wildlife controlled by poison or showing symptoms of disease shall be either buried below ground or disposed of as authorized by paragraph (f)(4)(A).(g) Each bobcat, otter, or swift fox taken under authority of a wildlife control permit shall be subject to the tagging requirements established by K.A.R. 115-5-2.Kan. Admin. Regs. § 115-16-5
Authorized by and implementing K.S.A. 2012 Supp. 32-807; effective July 19, 2002; amended Nov. 27, 2006; amended April 8, 2011; amended July 26, 2013.