32-1005.Commercialization of wildlife.(a) Commercialization of wildlife is knowingly committingany of the following, except as permittedby statute or rules and regulations:
(1) Capturing, killing or possessing, for profit or commercial purposes,all or any part of any wildlifeprotected by this section;
(2) selling, bartering, purchasing or offering to sell, barter orpurchase, for profit or commercial purposes, all or any part of anywildlife protected by this section;
(3) shipping, exporting, importing, transporting or carrying; causing tobe shipped, exported, imported, transported or carried; or delivering orreceiving for shipping, exporting, importing, transporting or carrying allor any part of any wildlife protected by this section,for profit or commercial purposes; or
(4) purchasing, for personal use or consumption, all or any part of anywildlife protected by this section.
(b) The wildlife protected by this section and the minimum value thereof areas follows:
(1) Eagles, $1,000;
(2) deer or antelope, $1,000;
(3) elk or buffalo, $1,500;
(4) furbearing animals, except bobcats, $25;
(5) bobcats, $200;
(6) wild turkey, $200;
(7) owls, hawks, falcons, kites, harriers or ospreys,$500;
(8) game birds, migratory game birds, resident andmigratory nongame birds, game animals and nongame animals,$50 unless a higher amount is specified above;
(9) fish and mussels, the value for which shall be no lessthan the value listed for the appropriate fish or mussels species in themonetary values of freshwater fish or mussels and fish kill counting guidelinesof the American fisheries society, special publication number 30;
(10) turtles, $25 each for unprocessedturtles or $16 per pound or fraction of a pound for processedturtle parts;
(12) any wildlife classified as threatened or endangered,$500 unless ahigher amount is specified above; and
(13) any other wildlife not listed above,$25.
(c) Possession of wildlife, in whole or in part, captured or killed inviolation of law and having an aggregate value of $1,000 ormore, asspecified in subsection (b), is prima facie evidence of possession forprofit or commercial purposes.
(d) Commercialization of wildlife having an aggregate value of$1,000 ormore, as specified in subsection (b), is a severity level 10,nonperson felony.Commercialization of wildlife having an aggregate value of less than$1,000,as specified in subsection (b), is a class A nonperson misdemeanor.
(e) In addition to any other penalty provided by law, a court convictinga person of the crime of commercialization of wildlife may:
(1) Confiscate all equipment used in the commission of the crime and mayrevoke for a period of up to 10 years all licenses and permits issued tothe convicted person by the Kansas department of wildlife and parks; and
(2) order restitution to be paid to the Kansas department of wildlifeand parks for the wildlife taken, which restitution shall be in an amountnot less than the aggregate value of the wildlife, as specified in subsection(b).
(f) The provisions of this section shall apply only to wildlifeillegally harvested and possessed by any person having actual knowledgethat such wildlife was illegally harvested.
32-1005.Commercialization of wildlife.(a) Commercialization of wildlife is knowingly committingany of the following, except as permittedby statute or rules and regulations:
(1) Capturing, killing or possessing, for profit or commercial purposes,all or any part of any wildlifeprotected by this section;
(2) selling, bartering, purchasing or offering to sell, barter orpurchase, for profit or commercial purposes, all or any part of anywildlife protected by this section;
(3) shipping, exporting, importing, transporting or carrying; causing tobe shipped, exported, imported, transported or carried; or delivering orreceiving for shipping, exporting, importing, transporting or carrying allor any part of any wildlife protected by this section,for profit or commercial purposes; or
(4) purchasing, for personal use or consumption, all or any part of anywildlife protected by this section.
(b) The wildlife protected by this section and the minimum value thereof areas follows:
(1) Eagles, $1,000;
(2) deer or antelope, $1,000;
(3) elk or buffalo, $1,500;
(4) furbearing animals, except bobcats, $25;
(5) bobcats, $200;
(6) wild turkey, $200;
(7) owls, hawks, falcons, kites, harriers or ospreys,$500;
(8) game birds, migratory game birds, resident andmigratory nongame birds, game animals and nongame animals,$50 unless a higher amount is specified above;
(9) fish and mussels, the value for which shall be no lessthan the value listed for the appropriate fish or mussels species in themonetary values of freshwater fish or mussels and fish kill counting guidelinesof the American fisheries society, special publication number 30;
(10) turtles, $25 each for unprocessedturtles or $16 per pound or fraction of a pound for processedturtle parts;
(12) any wildlife classified as threatened or endangered,$500 unless ahigher amount is specified above; and
(13) any other wildlife not listed above,$25.
(c) Possession of wildlife, in whole or in part, captured or killed inviolation of law and having an aggregate value of $1,000 ormore, asspecified in subsection (b), is prima facie evidence of possession forprofit or commercial purposes.
(d) Commercialization of wildlife having an aggregate value of$1,000 ormore, as specified in subsection (b), is a severity level 10,nonperson felony.Commercialization of wildlife having an aggregate value of less than$1,000,as specified in subsection (b), is a class A nonperson misdemeanor.
(e) In addition to any other penalty provided by law, a court convictinga person of the crime of commercialization of wildlife may:
(1) Confiscate all equipment used in the commission of the crime and mayrevoke for a period of up to 10 years all licenses and permits issued tothe convicted person by the Kansas department of wildlife and parks; and
(2) order restitution to be paid to the Kansas department of wildlifeand parks for the wildlife taken, which restitution shall be in an amountnot less than the aggregate value of the wildlife, as specified in subsection(b).
(f) The provisions of this section shall apply only to wildlifeillegally harvested and possessed by any person having actual knowledgethat such wildlife was illegally harvested.
32-1005.Commercialization of wildlife.(a) Commercialization of wildlife is knowingly committingany of the following, except as permittedby statute or rules and regulations:
(1) Capturing, killing or possessing, for profit or commercial purposes,all or any part of any wildlifeprotected by this section;
(2) selling, bartering, purchasing or offering to sell, barter orpurchase, for profit or commercial purposes, all or any part of anywildlife protected by this section;
(3) shipping, exporting, importing, transporting or carrying; causing tobe shipped, exported, imported, transported or carried; or delivering orreceiving for shipping, exporting, importing, transporting or carrying allor any part of any wildlife protected by this section,for profit or commercial purposes; or
(4) purchasing, for personal use or consumption, all or any part of anywildlife protected by this section.
(b) The wildlife protected by this section and the minimum value thereof areas follows:
(1) Eagles, $1,000;
(2) deer or antelope, $1,000;
(3) elk or buffalo, $1,500;
(4) furbearing animals, except bobcats, $25;
(5) bobcats, $200;
(6) wild turkey, $200;
(7) owls, hawks, falcons, kites, harriers or ospreys,$500;
(8) game birds, migratory game birds, resident andmigratory nongame birds, game animals and nongame animals,$50 unless a higher amount is specified above;
(9) fish and mussels, the value for which shall be no lessthan the value listed for the appropriate fish or mussels species in themonetary values of freshwater fish or mussels and fish kill counting guidelinesof the American fisheries society, special publication number 30;
(10) turtles, $25 each for unprocessedturtles or $16 per pound or fraction of a pound for processedturtle parts;
(12) any wildlife classified as threatened or endangered,$500 unless ahigher amount is specified above; and
(13) any other wildlife not listed above,$25.
(c) Possession of wildlife, in whole or in part, captured or killed inviolation of law and having an aggregate value of $1,000 ormore, asspecified in subsection (b), is prima facie evidence of possession forprofit or commercial purposes.
(d) Commercialization of wildlife having an aggregate value of$1,000 ormore, as specified in subsection (b), is a severity level 10,nonperson felony.Commercialization of wildlife having an aggregate value of less than$1,000,as specified in subsection (b), is a class A nonperson misdemeanor.
(e) In addition to any other penalty provided by law, a court convictinga person of the crime of commercialization of wildlife may:
(1) Confiscate all equipment used in the commission of the crime and mayrevoke for a period of up to 10 years all licenses and permits issued tothe convicted person by the Kansas department of wildlife and parks; and
(2) order restitution to be paid to the Kansas department of wildlifeand parks for the wildlife taken, which restitution shall be in an amountnot less than the aggregate value of the wildlife, as specified in subsection(b).
(f) The provisions of this section shall apply only to wildlifeillegally harvested and possessed by any person having actual knowledgethat such wildlife was illegally harvested.
