Kan. Admin. Regs. § 115-18-10

Current through Register Vol. 43, No. 49, December 5, 2024

Section 115-18-10 - Importation and possession of certain wildlife; prohibition, permit requirement, and restrictions

(a) The importation, possession, or release in Kansas of the following live wildlife species shall be prohibited, except as authorized by terms of a wildlife importation permit issued by the secretary:

(1) Walking catfish (Clarias batrachus);

(2) silver carp (Hypophthalmichthys molitrix);

(3) bighead carp (Hypophthalmichthys nobilis);

(4) black carp (Mylopharyngodon piceus);

(5) snakehead fish (all members of the family Channidae);

(6) round goby (Neogobius melanostomus);

(7) white perch (Morone americana);

(8) zebra mussel (Dreissena polymorpha);

(9) quagga mussel (Dreissena bugensis);

(10) New Zealand mudsnail (Potamopyrgus antipodarum);

(11) diploid grass carp (Ctenopharyngodon idella);

(12) marbled crayfish (Procambarus virginalis);

(13) monk parakeet (Myiopsita monachus);

(14) Asian raccoon dog (Nyctereutes procyonoides);

(15) crucian carp (Carassius carassisus);

(16) largescale silver carp (Hypophtalmichthys harmandi);

(17) Prussian carp (Carassius gibelio);

(18) wels catfish (Silurus glanis);

(19) Eurasian minnow (Phoxinus phoxinus);

(20) stone moroko (Pseudorasbora parva);

(21) European perch (Perca fluviatilis);

(22) Nile perch (Lates niloticus);

(23) roach (Rutilus rutilus);

(24) amur sleeper (Perccotus glenii);

(25) zander (Sander lucioperca);

(26) common yabby (Cherax destructor); and

(27) rusty crayfish (Orconectes rusticus).

(b) Any live member of a wildlife species listed in subsection (a) and possessed before the following dates may be retained in possession, in closed confinement, by making application to the secretary that provides information detailing the circumstances, including the location, by which the animal came into the applicant's possession:

(1) February 1, 1978 for fish and bird species other than black carp, snakehead fish, round goby, white perch, zebra mussel, quagga mussel, New Zealand mudsnail, and diploid grass carp;

(2) February 1, 1986 for mammal species;

(3) October 1, 2000 for black carp;

(4) May 1, 2003 for snakehead fish;

(5) August 1, 2004 for round goby, quagga mussel, and zebra mussel;

(6) May 15, 2005 for New Zealand mudsnail;

(7) February 15, 2007 for white perch;

(8) January 1, 2008 for diploid grass carp;

(9) January 30, 2019 for marbled crayfish; and

(10) January 1, 2021 for crucian carp, largescale silver carp, Prussian carp, wels catfish, Eurasian minnow, stone moroko, European perch, Nile perch, roach, amur sleeper, zander, and common yabby.

The manner in which the animal is to be used shall be identified in the application.

(c) Any wildlife importation permit for the importation or possession of live members of the wildlife species listed in subsection (a) may be issued by the secretary for experimental, scientific, display, or other purposes subject to any conditions and restrictions contained or referenced in the wildlife importation permit.

(d) Each individual wanting to import or possess live members of the wildlife species listed in subsection (a) shall apply to the secretary for a wildlife importation permit. The application shall be submitted on forms provided by the department and shall contain the following information:

(1) The name, address, and telephone number of applicant;

(2) the wildlife species to be imported or possessed and the number of wildlife involved;

(3) the purpose or purposes for importation or possession;

(4) a description of the facilities for holding and using the wildlife species;

(5) a description of plans to prevent the release of the wildlife species; and

(6) other relevant information as requested by the secretary.

(e) Each wildlife importation permit, once issued, shall be valid during the time period specified on the permit.

(f) In addition to other penalties prescribed by law, any wildlife importation permit may be refused issuance or revoked by the secretary if any of the following conditions is met:

(1) The application is incomplete or contains false information.

(2) Issuance of a permit would not be in the best interest of the public or of the natural resources of Kansas.

(3) The permittee fails to meet permit requirements or violates permit conditions.

Kan. Admin. Regs. § 115-18-10

Authorized by and implementing K.S.A. 32-807; effective Nov. 20, 2009; amended Jan. 1, 2012; amended Jan. 1, 2013; amended Nov. 15, 2013; amended Nov. 14, 2014; amended Nov. 30, 2015; amended Nov. 28, 2016; amended Dec. 22, 2017; amended Jan. 11, 2019; amended Dec. 20, 2019; amended Dec. 25, 2020; amended by Kansas Register Volume 42, No. 34; effective 9/15/2023.