Volume 41 - Issue 39 - September 29, 2022
State of Kansas
Department of Wildlife and Parks
Permanent Administrative Regulations
Article 1.—HEARING
115-1-1. Definitions. (a) Except as specified in subsection (b), the following definitions shall apply to all of the department’s regulations:
(1) “Arrow” means a missile shot from a bow or a crossbow.
(2) “Artificial lure” means a man-made fishing made of artificial or nonedible natural materials used to mimic prey. Each device mimicking individual prey shall be limited to no more than three hooks. Each device mimicking multiple prey shall be limited to no more than five hooks.
(3) “Bag limit” means the maximum number of any species, except fish and frogs, that may be taken by a person in a calendar day.
(4) “Bait fish” means a member of the minnow or carp family (Cyprinidae), sucker family (Catostomidae ), top minnows or killifish family (Cyprinodontidae), shad family (Clupeidae ), and sunfish family (Centrarchidae ), but excluding black basses and crappie. The fish listed in K.A.R. 115- 15-1 and in K.A.R. 115-15-2 shall not be considered as bait fish.
(5) “Bird dog” means a dog used to point, flush, or retrieve game birds, migratory birds, or both.
(6) “Bow” means a handheld device with a cord that connects both of its two ends and is designed to propel an arrow. This term shall include long, recurve, and compound bows.
(7) “Bridle path” means an established, maintained, and marked pathway for the riding of animals.
(8) “Camping” means erecting a shelter or arranging bedding, or both, or parking a recreation vehicle or other vehicle for the purpose of remaining overnight.
(9) “Camping unit” means any vehicle or shelter specifically used for sleeping upon a portion of department lands or waters.
(10) “Cast net” means a circular or conical weighted net designed to be cast mouth-downward by hand and withdrawn by lines attached to its margin.
(11) “Creel limit” means the maximum total number of any species of fish or frogs that may be taken by a person in a calendar day.
(12) “Crossbow” means a transverse-mounted bow with a cord that connects the two ends and is designed to propel an arrow, including compound crossbows. The arrow is released by a mechanical trigger.
(13) “Culling” means replacing one live fish held by an angler for another live fish of the same species if the daily creel limit for that species of fish has not been met.
(14) “Department lands and waters” means state parks, state lakes, recreational grounds, wildlife areas, sanctuaries, fish hatcheries, natural areas, historic sites, and other lands, waters, and facilities that are under the jurisdiction and control of the secretary through ownership, lease, license, cooperative agreement, memorandum of understanding, or other arrangement.
(15) “Depth finder” means an electronic device used to locate fish or determine underwater structures.
(16) “Dip net” means a handheld net that has rigid support about the mouth and is used to land fish.
(17) “Draft livestock” means horses, mules, donkeys, and oxen used singly or in tandem with other horses, mules, donkeys, and oxen for pulling purposes.
(18) “Drag event” means a competitive event in which hounds pursue a scent trail. The event may involve a caged, pen-raised forbearer that is not released from the cage during the event.
(19) “Dryland set” means any trapping device that is placed or set on land or is not in contact with water.
(20) “Eyass” means a young of the year raptor not yet capable of flight.
(21) “Falconer” means the holder of a falconry permit.
(22) “Falconry” means the taking of wildlife with a trained raptor.
(23) “Field trial event for dogs” means a competitive event involving at least six dogs that are judged on hunting or running ability.
(24) “Firearm” means a rimfire or centerfire rifle, handgun, or shotgun; a muzzleloading shotgun, rifle, or handgun; or a cap-and-ball pistol.
(25) “Fire ring” means an open-topped, man-made, fire-retaining device.
(26) “Fireplace” means an enclosed, man-made, fire-retaining device.
(27) “Fishing line” means any hand-operated string or cord, utilizing hooks that may be used in conjunction with rods, poles, reels, bows, or spearguns.
(28) “Fish trap” means a device for catching fish consisting of a net or other structure that diverts the fish into an enclosure arranged to make escape more difficult than entry.
(29) “Fully automatic firearm” means a firearm capable of firing more than one round with a single trigger pull.
(30) “Gaff’ means a hook attached to a rigid pole.
(31) “Gig” means a hand-operated spear with one or more prongs with or without barbs.
(32) “Group camping area” means any area within a state park designated by posted notice for camping by organized groups.
(33) “Haggard” means an adult raptor in mature plumage.
(34) “Hook” means a device with a single shaft and one or more points with or without barbs, used for catching fish and frogs.
(35) “Imping” means the repair of damaged feathers.
(36) “Kill site” means the location of the wildlife carcass as positioned in tp.e field immediately after being harvested.
(37) “Length limit” means the minimum length of a fish allowed in order to take it and not release it to the water immediately. For the purpose of this paragraph, the length of the fish shall be measured from the tip of the snout to the end of the tail, with the mouth closed and the tail lobes pressed together.
(38) “Moorage site” means a location designated for the fastening or securing of a vessel.
(39) “Nonsport fish” means common carp, silver carp, bighead carp, black carp, grass carp, drum, threadfin and gizzard shad, goldfish, gar, suckers including carpsuckers and buffalo, eel, sturgeon, goldeye, white perch, and bowfin.
(40) “Orthopedic device” means a device that attaches to the body and is required to enable a handicapped person to walk.
(41) “Overflow camping area” means an area in a state park that is separate from the designated overnight camping area and that may be used for a maximum of 24 continuous hours of camping if no alternative camping facilities are available within reasonable driving distances.
(42) “Passage” means an immature raptor on first fall migration still in immature plumage.
(43) “Pen-raised wildlife” means any wildlife raised in captivity.
(44) “Pets” means domesticated wildlife, including dogs and cats.
(45) “Possession limit” means the maximum total number of a species that can be retained per person at any one time.
(46) “Prime camping site” means any site within a state park so designated by posted notice of the secretary and subject to an additional charge.
(47) “Raptors” means members of the order Falconiformes or Strigiformes and specifically falcons, hawks, and owls.
(48) “Raw pelt” means the undressed skin of an animal with its hair, wool, or fur in its natural state, without having undergone any chemical preservation converting the skin to a leather condition.
(49) “Recreational vehicle” means a vehicle or trailer unit that contains sleeping or housekeeping accommodations, or both.
(50) “Running” means the pursuing or chasing of furbearers or rabbits with hounds. This term shall not include the capturing, killing, injuring, or possessing of furbearers or rabbits or having a firearm or other weapon in possession while running, except during established furbearer or rabbit hunting seasons.
(51) “Sanctioned or licensed coyote field trial” means a competitive event that involves only sight or trail hounds and has been advertised in one of the national foxhound journals at least 30 days before the event.
(52) “Sanctioned or licensed furbearer field trial” means a competitive event in which dogs pursue unrestrained furbearers and that is sanctioned or licensed by any of the national kennel or field dog organizations for the express purpose of improving the quality of the breed through the awarding of points or credits toward specific class championships or other national recognition.
(53) “Seine” means a net with a float line and lead line designed to be pulled through the water for the purpose of catching fish.
(54) “Set line” means a string or cord that is anchored at one point by an anchor weighing at least 25 pounds or is attached to a fixed and immovable stake or object, does not have more than two hooks, and is not associated with a hand-operated mechanical reel.
(55) “Sight hound” means a dog used to pursue furbearers, rabbits, hares, or coyotes by sight.
(56) “Skin and scuba diving” means swimming or diving while equipped with a face mask or goggles, allowing underwater vision and possibly involving an underwater breathing apparatus.
(57) “Snagging” means the hooking of a fish in any part of its anatomy other than the inside of the mouth.
(58) “Speargun” means a device used to propel a spear through the water by mechanical means or compressed gas.
(59) “Sport fish” means northern pike, walleye, saugeye, sauger, yellow perch, striped bass, white bass, black bass including largemouth, spotted, and smallmouth bass, striped bass hybrid, trout, muskellunge, tiger muskie, channel catfish, blue catfish, flathead catfish, paddlefish, and panfish including bullhead, black and white crappie, bluegill, redear sunfish, green sunfish, warmouth, and rock bass.
(60) “State fishing lake” means a department facility that contains the words “state fishing lake” in the name of the area.
(61) “Tip-up” means an ice fishing device designed to signal the strike of a fish.
(62) “Trail hound” means a dog used to trail furbearers, rabbits, hares, or coyotes by scent.
(63) “Transfer” means either of the following:
(A) To reassign one’s license, permit, or other issue of the department to another individual; or
(B) to exchange any license, permit, or other issue of the department between individuals.
(64) “Trot line” means a string or cord anchored at one or more points that does not have more than 25 hooks and is not associated with a hand-operated mechanical reel.
(65) “Turkey” means wild turkey.
(66) “Unattended fishing line” means any fishing line set to catch fish that is not marked or tagged as required by K.A.R. 115-7-2 or K.A.R. 115-17-11 and not immediately attended by the operator of the fishing line.
(67) “Wake” means the waves thrown by a vessel moving on water.
(68) “Water race” means a competitive event in which hounds pursue a scent device or a caged, pen-raised furbearer through water. The furbearer is not released during the event.
(69) “Water set” means any trapping device that has the gripping portion at least half-submerged when placed or set in flowing or pooled water and remains at least half-submerged in contact with the flowing or pooled water.
(b) Exceptions to the definitions in this regulation shall include the following:
(1) The context requires a different definition.
(2) The defined term is specifically defined differently within the department’s other regulations. (Authorized by and implementing K.S.A. 32-807; effective Dec. 26, 1989; amended June 8, 1992; amended Sept. 19, 1997; amended Nov. 21, 2003; amended July 22, 2011; amended Nov. 26, 2012; amended Nov. 30, 2015; amended Dec. 25, 2020; amended April 23, 2021; amended Oct. 14, 2022.)
Article 7.—FISH AND FROGS
115-7-1. Fishing; legal equipment, methods of taking, and other provisions. (a) Legal equipment and methods for taking sport fish shall be the following:
(1) Fishing lines with not more than two baited hooks or artificial lures per line. If two artificial lures are used, the fishing line shall not exceed six hooks;
(2) trotlines, except that all float material used with a trotline shall be constructed only from plastic, wood, or foam and shall be a closed-cell construction. A “closed-cell” construction shall mean a solid body incapable of containing water;
(3) setlines, except that any float material used with a setline shall be constructed only from plastic, wood, or foam and shall be a closed-cell construction. A “closed-cell” construction shall mean a solid body incapable of containing water;
(4) tip-ups;
(5) using a person’s hand or hands for flathead catfish in waters designated as open to hand fishing, subject to the following requirements:
(A) An individual hand fishing shall not use hooks, snorkeling or scuba gear, or other man-made devices while engaged in hand fishing;
(B) an individual hand fishing shall not possess fishing equipment, other than a stringer, while engaged in hand fishing and while on designated waters or adjacent banks;
(C) stringers shall not be used as an aid for hand fishing and shall not be used until the fish is in possession at or above the surface of the water;
(D) each individual hand fishing shall take fish only from natural objects or natural cavities;
(E) an individual hand fishing shall not take fish from any man-made object, unless the object is a bridge, dock, boat ramp, or riprap, or other similar structure or feature;
(F) no part of any object shall be disturbed or altered to facilitate the harvest of fish for hand fishing; and
(G) an individual hand fishing shall not take fish within 150 yards of any dam;
(6) snagging for paddlefish in waters posted or designated by the department as open to the snagging of paddlefish, subject to the following requirements:
(A) Each individual with a filled creel limit shall cease all snagging activity in the paddlefish snagging area until the next calendar day;
(B) each individual taking paddlefish to be included in the creel and possession limit during the snagging season shall sign the carcass tag, record the county, the date, and the time of harvest on the carcass tag, and attach the carcass tag to the lower jaw of the carcass immediately following the harvest and before moving the carcass from the site of the harvest; and
(C) each individual snagging for paddlefish shall use barbless hooks while snagging for paddlefish. “Barbless hook” shall mean a hook without barbs or upon which the barbs have been bent completely closed;
(7) floatlines in waters posted or designated by the department as open to floatline fishing, which shall be subject to the following requirements:
(A) All floatlines shall be under the immediate supervision of the angler setting the floats. “Immediate supervision” shall mean that the angler has visual contact with the floatlines set while the angler is on the water body where the floatlines are located;
(B) all floatlines shall be removed when float fishing ceases;
(C) floatlines shall not contain more than one line per float, with not more than two baited hooks per line;
(D) all float material shall be constructed only from plastic, wood, or foam and shall be a closed-cell construction. A “closed-cell” construction shall mean a solid body incapable of containing water;
(8) bow and arrow with a barbed head and a line attached from bow to arrow; and
(9) crossbow and arrow with a barbed head and a line attached from arrow to crossbow.
(b) Legal equipment and methods for taking nonsport fish shall be the following:
(1) Fishing lines with not more than two baited hooks or artificial lures per line;
(2) trotlines;
(3) setlines;
(4) tip-ups;
(5) bow and arrow with a barbed head and a line attached from bow to arrow;
(6) crossbow and arrow with a barbed head and a line attached from arrow to crossbow;
(7) spear gun, without explosive charge, while skin or scuba diving. The spear, without explosive charge, shall be attached to the speargun or person by a line;
(8) gigging;
(9) snagging in waters posted by the department as open to snagging; and
(10) floatlines in waters posted or designated by the department as open to floatline fishing, which shall be subject to the requirements specified in paragraphs (a)(7)(A) through (D).
(c) Dip nets and gaffs may be used to land any legally caught or hooked fish.
(d) Fish may be taken by any method designated by the secretary when a fish salvage order has been issued by the secretary through public notice or posting the area open to fish salvage.
(e) Fish may be taken with the aid of boats, depth finders, artificial lights, sound attracters, and scents.
(f) Fish may be taken by legal means from vehicles.
(g) The following additional requirements shall apply in the flowing portions and backwaters of the Missouri river and in any oxbow lake through which the Kansas-Missouri boundary passes:
(1) Each individual shall place all legally caught fish on a stringer, cord, cable, or chain, or in a basket, sack, cage, or other holding device, separate from those fish caught by any other individual.
(2) The equipment and methods specified in paragraphs(b)(5) and (b)(6) shall be legal only from sunrise to midnight.
(3) The equipment and method specified in paragraphs (b)(9) and (b)(10) shall be legal only from sunrise to sunset.
(h) The equipment and method specified in paragraphs (a)(8) and (a)(9) shall be legal, except on rivers and streams, only for the following species of sport fish where no size limit exists for any of these species of fish:
(1) Blue catfish;
(2) channel catfish; and
(3) flathead catfish.
(i) Optical scopes or sights that project no visible light toward the target and do not electronically amplify visible or infrared light shall be valid for use on bows and crossbows. (Authorized by and implementing K.S.A. 32-807; effective Dec. 26, 1989; amended Feb. 10, 1992; amended Oct. 1, 1999; amended Dec. 8, 2000; amended Sept. 27, 2002; amended Nov. 29, 2004; amended Nov. 27, 2006; amended Nov. 16, 2007; amended Dec. 1, 2008; amended Nov. 20, 2009; amended April 16, 2010; amended Nov. 19, 2010; amended Nov. 30, 2015; amended Nov. 28, 2016; amended Dec. 22, 2017; amended Jan. 11, 2019; amended Dec. 20, 2019; amended Oct. 14, 2022.)
115-7-4. Fish; processing and possession. (a) Each person who takes any fish subject to any length limit; either statewide or water body-specific, shall leave the head, body, and tail fin attached while the person has possession of the fish on the water.
(b) Each person who has taken any fish shall retain the fish in that person’s possession until any of the following occurs:
(1) The fish is consumed or processed for consumption.
(2) The fish is transported to the person’s domicile or given to another person. Legally taken sport fish may be possessed without limit in time and may be given to another if accompanied by a dated written notice that includes the donor’s printed name, signature, address, and permit or license number.
(3) The fish is transported to a place of commercial preservation or place of commercial processing for consumption.
(4) The fish is returned unrestrained to the waters from which the fish was taken.
(5) The fish is disposed of at a location designated for fish disposal or at a designated fish cleaning station.
(c) Each paddlefish permittee shall meet either of the following requirements:
(1) Nonelectronic carcass tags. The paddlefish permittee shall sign, record the county, the date, and the time of kill, and attach the carcass tag to the carcass in a visible manner immediately before reducing the paddlefish to permanent possession. The carcass tag shall remain attached to the carcass until the conditions of paragraph (b)(1), (b)(2), (b)(3), or (b)(5) are met. The paddlefish permittee shall retain the carcass tag until the paddlefish is consumed, given to another, or otherwise disposed of.
(2) Electronic carcass tags. Using the department’s electronic carcass tag system, the paddlefish permittee shall record the county, the date, and the time of kill and enter a photograph of the entire carcass, with sufficient clarity to display the species immediately before reducing the paddlefish to permanent possession. The paddlefish permittee shall possess the confirmation number until the conditions of paragraph (b)(1), (b)(2), (b)(3), or (b)(5) are met. The paddlefish permittee shall retain the confirmation number until the paddlefish is consumed, given to another, or otherwise disposed of.
(d) For paddlefish parts, the following additional requirements shall apply:
(1) No person shall possess any eggs that are attached to the egg membrane of more than one paddlefish.
(2) No person shall possess more than three pounds of processed paddlefish eggs or fresh paddlefish eggs removed from the membrane. “Processed paddlefish eggs” shall mean any eggs taken from a paddlefish that have gone through a process that turns the eggs into caviar or into a caviar-like product.
(3) No person shall ship into or out of, transport into or out of, have in possession with the intent to transport, or cause to be removed from this state any raw unprocessed paddlefish eggs, processed paddlefish eggs, or frozen paddlefish eggs.
(4) Each harvested paddlefish carcass shall have all internal organs removed before transporting the carcass from Kansas. (Authorized by and implementing K.S.A. 2019 Supp. 32-807; effective Dec. 26, 1989; amended Nov. 27, 2006; amended Dec. 22, 2017; amended Jan. 11, 2019; amended Dec. 20, 2019; amended Oct. 14, 2022.)
Article 17.—WILDLIFE, COMMERCIAL USES AUTHORIZED
115-17-3. Commercial fish bait permit; requirement, application, and general provisions. (a) A commercial fish bait permit shall be required for the harvest, sale, or purchase for resale of fish bait, except that a commercial fish bait permit shall not be required for the sale of nonliving, commercially packaged fish bait, the harvest or sale of annelids or insects, or the purchase of annelids or insects for resale.
(b) Any person may apply to the secretary for a commercial fish bait permit. The application shall be submitted on forms provided by the department and completed in full by the applicant. Each incomplete application shall be returned to the applicant.
(c) Each commercial fish bait permit shall be valid for only those wildlife species specified in the permit.
(d) Each commercial fish bait permit shall authorize the permittee to perform any of the following:
(1) Sell fish bait to any person for use as fish bait;
(2) purchase fish bait for resale as fish bait, if the purchase is made from a person who meets at least one of the following requirements:
(A) Possesses a valid commercial fish bait permit;
(B) is a commercial fish grower, as defined by K.S.A. 32-974 and amendments thereto; or
(C) is authorized by another state to export and sell fish bait; or
(3) import fish bait for sale as fish bait.
(e) Each permittee harvesting or purchasing fish bait shall maintain records of the following information and, if requested by the secretary, shall provide a report to the department containing the following information:
(1) The permittee’s name;
(2) the permit number;
(3) the number, location, and species of wildlife harvested;
(4) the number and species of wildlife sold;
(5) for each permittee purchasing fish bait, the name, address, and phone number of each individual distributor or producer from whom the permittee purchased; and
(6) for each permittee purchasing fish bait, the delivery date of each purchase.
(f) Each permittee shall make records required under the permit available for inspection by any law enforcement officer or department employee upon demand.
(g) Each permittee shall make the fish and the distribution or retail holding tanks that are subject to sample testing pursuant to K.A.R. l 15-17-2a available for inspection by any law enforcement officer or department employee upon demand.
(h) Each permittee shall respond to any survey regarding activities conducted under the permit if requested by the secretary.
(i) In addition to other penalties prescribed by law, a commercial fish bait permit or application may be denied or revoked by the secretary if either of the following conditions is met:
(1) The application is incomplete or contains false information.
(2) The permittee fails to meet permit requirements or violates permit conditions.
(j) Each commercial fish bait permit shall expire three years after the date the permit is issued.
(k) A permittee may possess and sell legally acquired wildlife for fish bait for not more than 30 days following expiration of the permit. (Authorized by and implementing K.S.A. 2016 Supp. 32-807 and K.S.A. 32-941; effective Jan. 1, 1991; amended Jan. 1, 2012; amended Jan. 1, 2018; amended Oct. 14, 2022.)
Brad Loveless
Secretary
Doc. No. 050537
