294             1997 Session Laws of Kansas             Ch. 77

Chapter 77


An Act concerning methods of taking wildlife; unlawful acts;
amending K.S.A. 32-1003 and repealing the existing section.

Be it enacted by the Legislature of the State of Kansas:

Section 1. K.S.A. 32-1003 is hereby amended to read as follows:
32-1003. It is unlawful for any person, unless authorized by law or rules
and regulations of the secretary, to:

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

Ch. 77             1997 Session Laws of Kansas             295

(b) provide or receive information concerning the location of any
game animal or furbearing animal by radio or other mechanical device
for purposes of taking such bird or animal;

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

(d) use poison, poisonous gas, smoke or ferrets, or any smoke gun or
other device for forcing smoke or any other asphyxiating or deadly gas or
liquid into the holes, dens, runways or houses of wildlife, except as per-
mitted by rules and regulations of the secretary;

(e) fish by placing in or upon any lake, pond, river, creek, stream or
any other water, bordering on or within the state of Kansas, any delete-
rious substance or fishberries;

(f) place or explode any dynamite, giant powder, lime, nitroglycerine
or any other explosive of any character or kind in any waters of the state
of Kansas with the intent to take or stun fish;

(g) throw or cast the rays of a spotlight, headlight or other artificial
light on any highway, roadway, field, grassland, woodland or forest for the
purpose of spotting, locating or taking any wildlife animal while having in
possession or control, either singly or as one of a group of persons, any
rifle, pistol, shotgun, bow or other implement whereby wildlife could be
taken, except that nothing in this subsection shall be construed to prohibit
a person from carrying a weapon while using artificial light for conduct-
ing surveillance, actively caring for agricultural equipment or livestock or
conducting activities described in subsection (c)(2) of K.S.A. 32-1002 and
amendments thereto, when on land under the person's control, if the per-
son owns such land, is in lawful possession of such land or is regularly
employed for purposes of livestock or agricultural production or manage-
ment on such land

Sec. 2. K.S.A. 32-1003 is hereby repealed.

Sec. 3. This act shall take effect and be in force from and after its
publication in the statute book.

Approved April 7, 1997.