32-1003. Unlawful methods of taking wildlife; penalties.

32-1003

Chapter 32.--WILDLIFE, PARKS AND RECREATION
Article 10.--ENFORCEMENT

      32-1003.   Unlawful methods of takingwildlife; penalties.(a) It is unlawful for any person, unless authorizedby law or rules and regulations of the secretary, to:

      (1)   Take any game animal or furbearing animal from amotorboat, airplane,motor vehicle or other water, air or land vehicle unless such person holdsa valid handicapped hunting and fishing permit issued to such personpursuant to K.S.A. 32-931 and amendments thereto;

      (2)   provide or receive information concerning the locationof anygame animal or furbearing animal by radio or other mechanical device forpurposes of taking such bird or animal;

      (3)   use sodium fluoroacetate, commonly called formula 1080,except as permitted by rules and regulations of the secretary;

      (4)   use poison, poisonous gas, smoke or ferrets, or anysmoke gun orother device for forcing smoke or any other asphyxiating or deadly gas orliquid into the holes, dens, runways or houses of wildlife, except aspermitted by rules and regulations of the secretary;

      (5)   fish byplacing in or upon any lake, pond, river, creek, stream or any other water,bordering on or within the state of Kansas, any deleterious substance orfishberries;

      (6)   place or explode any dynamite, giant powder, lime,nitroglycerine or any other explosive of any character or kind in anywaters of the state of Kansas with the intent to take or stunfish;

      (7)   throw or cast the rays of a spotlight, headlightor other artificial light on any highway, roadway, field,grassland,woodland or forest for the purpose of spotting, locating or taking anywildlife while having in possession or control, either singly orasoneof agroup of persons, any rifle, pistol, shotgun, bow or other implement wherebywildlife could be taken, except that nothing in this subsection shallbe construed to prohibit a person from carrying a weapon while usingartificial light forconductingsurveillance, actively caring for agricultural equipment or livestock orconducting activities described in subsection (c)(2) of K.S.A. 32-1002 andamendments thereto, when on land under the person's control, if the personowns such land, is in lawful possession of such land or is regularly employedfor purposes of livestock or agricultural production or management on suchland.

      (b)   Any person convicted of violating provisions of this sectionshall be subject to thepenalties prescribed in K.S.A. 32-1031, and amendments thereto, except asprovided in K.S.A. 32-1032, and amendments thereto, relating to big game andwild turkey.

      History:   L. 1972, ch. 160, § 1;L. 1981, ch. 175, § 6;L. 1989, ch. 118, § 115;L. 1993, ch. 185, § 10;L. 1997, ch. 77, § 1;L. 2005, ch. 182, § 4; July 1.