Volume 42 - Issue 35 - August 31, 2023

State of Kansas

Department of Wildlife and Parks

Permanent Administrative Regulations

Article 7.—FISH AND FROGS

115-7-10. Fishing; special provisions. (a) A person who takes any fish from a body of water shall not tag, mark, brand, clip any fin of, mutilate, or otherwise disfigure any fish in a manner that would prevent species identification, examination of fins, recovery of tags, or determination of sex, age, or length of the fish before releasing the fish back into the body of water, unless a permit authorizing this activity has been issued to that person by the department.

(b) No person may possess any live fish upon departure from any designated aquatic nuisance body of water, except during a department-permitted fishing tournament. During a department-permitted fishing tournament, any individual may possess live fish upon departure from designated aquatic nuisance waters along the most direct route to the weigh-in site if the individual possesses a department authorization certificate as a participant in the tournament. Designated aquatic nuisance species waters shall be those specified in the department’s “Kansas aquatic nuisance species designated waters,” dated November 17, 2022, which is hereby adopted by reference.

(c) No person may fish or collect bait within, from, or over a fish passage, fish ladder, fish steps, or fishway. “Fish passage, fish ladder, fish steps, or fishway” shall mean a structure that facilitates the natural migration of fish upstream on, through, or around an artificial barrier or dam. (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 Sept. 15, 2023.)

Article 18.—SPECIAL PERMITS

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 (Myiopsitta 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 (Perccottus 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. (Authorized by K.S.A. 32-807 and K.S.A. 32-956; implementing K.S.A. 32-956; effective Dec. 27, 1993; amended Sept. 22, 2000; amended April 18, 2003; amended July 23, 2004; amended May 20, 2005; amended Feb. 9, 2007; amended Nov. 16, 2007; amended Dec. 21, 2018; amended Dec. 25, 2020; amended Sept. 15, 2023.)

Brad Loveless
Secretary
Department of Wildlife and Parks

Doc. No. 051444