47-1809.Feral swine; prohibited acts related tosuch swine; penalties; appeals; destruction of such swine; duties of livestockcommissioner.(a) As used in this section, "feral swine" means anyuntamed or undomesticated hog, boar or pig; swine whose reversion fromthe domesticated state to the wild state is apparent; or an otherwise freelyroaming swine having no visible tags, markings or characteristics indicatingthat such swine is from a domestic herd, and reasonable inquiry within the areadoes not identify an owner.
(b) No person shallimport, transport or possess live feral swine in this state.
(c) No personshall intentionally or knowingly release any hog, boar, pig or swine to live ina wild or feral state upon public or private land.
(d) No person shall engage in, sponsor, instigate, assist or profit from therelease, killing, wounding or attempted killing or wounding of feral swine forthe purpose of sport, pleasure, amusement or production of a trophy.
(e) Violation of subsection (b) or (c) may result ina civil penalty in theamount of not less than $1,000 nor more than$5,000 for each such violation. Inthe case of a continuing violation, every day such violation continues shall bedeemed a separate violation.
(f) Violation of subsection (d) may result in a civil penalty of not lessthan $250 nor more than $2,500 for each such violation.
(g) Any duly authorized agent of the livestockcommissioner, upon a findingthat anyperson, or agent or employee thereof, has violated any of the provisionsstated above, may impose a civilpenalty upon such person as provided in this section.
(h) No civil penalty shall be imposed pursuant to this section except uponthe written order of the duly authorized agent of the livestock commissioner tothe person who committed the violation. Such order shall state the violation,the penalty to be imposed and the right of the person to appeal to thecommissioner. Any such person, within 20 days after notification, may makewritten request to the commissioner for a hearing in accordance with theprovisions of the Kansas administrative procedure act. The commissioner shallaffirm, reverse or modify the order and shall specify the reasons therefor.
(i) Any person aggrieved by an order of the commissioner made under thissection may appeal such order to the district court inthe manner provided by the act for judicial review and civil enforcement ofagency actions.
(j) Any civil penalty recovered pursuant to the provisionsof this sectionshall be remitted to the state treasurerin accordance with the provisionsof K.S.A. 75-4215, and amendments thereto. Upon receipt of each suchremittance, the state treasurer shall deposit the entire amount in thestate treasuryto the credit of the state general fund.
(k) The livestock commissioner, or the authorizedrepresentative of thelivestock commissioner, may destroy or require the destruction of any feralswine upon discovery of such swine.
(l) The provisions of this section shall not be construed to prevent ownersor legal occupants of land, the employees of such owners or legal occupantsor persons designated by such owners or legaloccupants from killing any feral swine when found on their premises or whendestroying property.Such designees shall have a permit issued by the livestock commissioner intheir possession at the time of the killing of the feral swine.
(m) The livestock commissioner may adopt rules and regulations to carry outthe provisions of this section.
47-1809.Feral swine; prohibited acts related tosuch swine; penalties; appeals; destruction of such swine; duties of livestockcommissioner.(a) As used in this section, "feral swine" means anyuntamed or undomesticated hog, boar or pig; swine whose reversion fromthe domesticated state to the wild state is apparent; or an otherwise freelyroaming swine having no visible tags, markings or characteristics indicatingthat such swine is from a domestic herd, and reasonable inquiry within the areadoes not identify an owner.
(b) No person shallimport, transport or possess live feral swine in this state.
(c) No personshall intentionally or knowingly release any hog, boar, pig or swine to live ina wild or feral state upon public or private land.
(d) No person shall engage in, sponsor, instigate, assist or profit from therelease, killing, wounding or attempted killing or wounding of feral swine forthe purpose of sport, pleasure, amusement or production of a trophy.
(e) Violation of subsection (b) or (c) may result ina civil penalty in theamount of not less than $1,000 nor more than$5,000 for each such violation. Inthe case of a continuing violation, every day such violation continues shall bedeemed a separate violation.
(f) Violation of subsection (d) may result in a civil penalty of not lessthan $250 nor more than $2,500 for each such violation.
(g) Any duly authorized agent of the livestockcommissioner, upon a findingthat anyperson, or agent or employee thereof, has violated any of the provisionsstated above, may impose a civilpenalty upon such person as provided in this section.
(h) No civil penalty shall be imposed pursuant to this section except uponthe written order of the duly authorized agent of the livestock commissioner tothe person who committed the violation. Such order shall state the violation,the penalty to be imposed and the right of the person to appeal to thecommissioner. Any such person, within 20 days after notification, may makewritten request to the commissioner for a hearing in accordance with theprovisions of the Kansas administrative procedure act. The commissioner shallaffirm, reverse or modify the order and shall specify the reasons therefor.
(i) Any person aggrieved by an order of the commissioner made under thissection may appeal such order to the district court inthe manner provided by the act for judicial review and civil enforcement ofagency actions.
(j) Any civil penalty recovered pursuant to the provisionsof this sectionshall be remitted to the state treasurerin accordance with the provisionsof K.S.A. 75-4215, and amendments thereto. Upon receipt of each suchremittance, the state treasurer shall deposit the entire amount in thestate treasuryto the credit of the state general fund.
(k) The livestock commissioner, or the authorizedrepresentative of thelivestock commissioner, may destroy or require the destruction of any feralswine upon discovery of such swine.
(l) The provisions of this section shall not be construed to prevent ownersor legal occupants of land, the employees of such owners or legal occupantsor persons designated by such owners or legaloccupants from killing any feral swine when found on their premises or whendestroying property.Such designees shall have a permit issued by the livestock commissioner intheir possession at the time of the killing of the feral swine.
(m) The livestock commissioner may adopt rules and regulations to carry outthe provisions of this section.
47-1809.Feral swine; prohibited acts related tosuch swine; penalties; appeals; destruction of such swine; duties of livestockcommissioner.(a) As used in this section, "feral swine" means anyuntamed or undomesticated hog, boar or pig; swine whose reversion fromthe domesticated state to the wild state is apparent; or an otherwise freelyroaming swine having no visible tags, markings or characteristics indicatingthat such swine is from a domestic herd, and reasonable inquiry within the areadoes not identify an owner.
(b) No person shallimport, transport or possess live feral swine in this state.
(c) No personshall intentionally or knowingly release any hog, boar, pig or swine to live ina wild or feral state upon public or private land.
(d) No person shall engage in, sponsor, instigate, assist or profit from therelease, killing, wounding or attempted killing or wounding of feral swine forthe purpose of sport, pleasure, amusement or production of a trophy.
(e) Violation of subsection (b) or (c) may result ina civil penalty in theamount of not less than $1,000 nor more than$5,000 for each such violation. Inthe case of a continuing violation, every day such violation continues shall bedeemed a separate violation.
(f) Violation of subsection (d) may result in a civil penalty of not lessthan $250 nor more than $2,500 for each such violation.
(g) Any duly authorized agent of the livestockcommissioner, upon a findingthat anyperson, or agent or employee thereof, has violated any of the provisionsstated above, may impose a civilpenalty upon such person as provided in this section.
(h) No civil penalty shall be imposed pursuant to this section except uponthe written order of the duly authorized agent of the livestock commissioner tothe person who committed the violation. Such order shall state the violation,the penalty to be imposed and the right of the person to appeal to thecommissioner. Any such person, within 20 days after notification, may makewritten request to the commissioner for a hearing in accordance with theprovisions of the Kansas administrative procedure act. The commissioner shallaffirm, reverse or modify the order and shall specify the reasons therefor.
(i) Any person aggrieved by an order of the commissioner made under thissection may appeal such order to the district court inthe manner provided by the act for judicial review and civil enforcement ofagency actions.
(j) Any civil penalty recovered pursuant to the provisionsof this sectionshall be remitted to the state treasurerin accordance with the provisionsof K.S.A. 75-4215, and amendments thereto. Upon receipt of each suchremittance, the state treasurer shall deposit the entire amount in thestate treasuryto the credit of the state general fund.
(k) The livestock commissioner, or the authorizedrepresentative of thelivestock commissioner, may destroy or require the destruction of any feralswine upon discovery of such swine.
(l) The provisions of this section shall not be construed to prevent ownersor legal occupants of land, the employees of such owners or legal occupantsor persons designated by such owners or legaloccupants from killing any feral swine when found on their premises or whendestroying property.Such designees shall have a permit issued by the livestock commissioner intheir possession at the time of the killing of the feral swine.
(m) The livestock commissioner may adopt rules and regulations to carry outthe provisions of this section.
