Current through Register Vol. 43, No. 39, September 26, 2024
(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:
(1) Furbearers;
(2) small game;
(3) reptiles;
(4) amphibians;
(5) coyotes;
(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:
(A)
Foothold traps;
(B) body-gripping
traps;
(C) box traps;
(D) live traps; and
(E) snares;
(2) firearms and accessory equipment, as
follows:
(A) Optical scopes or sights;
and
(B) sound-suppression
devices;
(3) BB guns and
pellet guns;
(4) archery
equipment;
(5) dogs;
(6) falconry;
(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;
(9) net or seine;
(10) glue board;
(11) hand;
(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;
(v) malnourishment;
(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.
