47-2101.Raising domesticated deer; unlawful acts;permit; identification of deer; inspection of premises; communications withwildlife and parks; definitions.(a) It shall be unlawful for any person to engage in thebusiness of raising domesticated deer unless such person has obtained from thelivestock commissioner a domesticated deer permit. Application for such permitshall be made in writing on a form provided by the commissioner. The permitperiod shall be for the permit year ending on June 30 following the issuancedate.
(b) Each application for issuance or renewal of a permit shall beaccompanied by a fee of not more than $100 as established by the commissionerin rules and regulations.
(c) The livestock commissioner shall adopt any rules and regulationsnecessary to enforce this section.
(d) Any person who fails to obtain a permit as prescribed in section (a)shall be deemed guilty of a misdemeanor and upon conviction shall be punishedby a fine not exceeding $100. Continued operation, after a conviction, shallconstitute a separate offense for each day of operation.
(e) The commissioner may refuse to issue or renew or may suspend or revokeany permit for any one of the following reasons:
(1) Material misstatement in the application for the original permit or inthe application for any renewal of a permit;
(2) the conviction of any crime, an essential element of which ismisstatement, fraud or dishonesty, or relating to the theft of or cruelty toanimals;
(3) substantial misrepresentation;
(4) the person who is issued a permit is found to be adding to such person'sherd by poaching or illegally obtaining deer;
(5) willful disregard to any rule or regulation adopted under this section.
(f) Any refusal to issue or renew a permit and any suspension or revocationof a permit under this section shall be in accordance with the provisions ofthe Kansas administrative procedure act and shall be subject to review inaccordance with the act for judicial review and civil enforcement of agencyactions.
(g) Domesticated deer shall be identified through implantation ofmicrochips, ear tags, ear tattoos, ear notches or any other permanentidentification on such deer as to identify such deer as domesticated deer. Anyperson who receives a permit issued pursuant to subsection (a) shall keeprecords of the deer herd pursuant to rules and regulations.
(h) The livestock commissioner shall inspect any premises where adomesticated deer herd has been issued a permit upon receipt of a written,signed complaint that such premises is not being operated, managed ormaintained in accordance with rules and regulations.
(i) The livestock commissioner, on a quarterly basis, shall transmit to thesecretary of wildlife and parks a current list of persons issued a permitpursuant to this section.
(j) All moneys received under this section shall be remitted to the statetreasurer in accordance with the provisions ofK.S.A. 75-4215, and amendments thereto. Upon receipt ofeach suchremittance, the statetreasurer shall deposit the entire amount in the state treasuryto the credit of the animal disease controlfund.
(k) As used in this section:
(1) "Deer" means any member of the family cervidae.
(2) "Domesticated deer" means any member of the family cervidae which waslegally obtained and isbeing sold or raised in a confined area for breeding stock;for any carcass, skinor part of such animal; for exhibition; or for companionship.
History: L. 1993, ch. 143, § 1;L. 2001, ch. 5, § 176; July 1.
47-2101.Raising domesticated deer; unlawful acts;permit; identification of deer; inspection of premises; communications withwildlife and parks; definitions.(a) It shall be unlawful for any person to engage in thebusiness of raising domesticated deer unless such person has obtained from thelivestock commissioner a domesticated deer permit. Application for such permitshall be made in writing on a form provided by the commissioner. The permitperiod shall be for the permit year ending on June 30 following the issuancedate.
(b) Each application for issuance or renewal of a permit shall beaccompanied by a fee of not more than $100 as established by the commissionerin rules and regulations.
(c) The livestock commissioner shall adopt any rules and regulationsnecessary to enforce this section.
(d) Any person who fails to obtain a permit as prescribed in section (a)shall be deemed guilty of a misdemeanor and upon conviction shall be punishedby a fine not exceeding $100. Continued operation, after a conviction, shallconstitute a separate offense for each day of operation.
(e) The commissioner may refuse to issue or renew or may suspend or revokeany permit for any one of the following reasons:
(1) Material misstatement in the application for the original permit or inthe application for any renewal of a permit;
(2) the conviction of any crime, an essential element of which ismisstatement, fraud or dishonesty, or relating to the theft of or cruelty toanimals;
(3) substantial misrepresentation;
(4) the person who is issued a permit is found to be adding to such person'sherd by poaching or illegally obtaining deer;
(5) willful disregard to any rule or regulation adopted under this section.
(f) Any refusal to issue or renew a permit and any suspension or revocationof a permit under this section shall be in accordance with the provisions ofthe Kansas administrative procedure act and shall be subject to review inaccordance with the act for judicial review and civil enforcement of agencyactions.
(g) Domesticated deer shall be identified through implantation ofmicrochips, ear tags, ear tattoos, ear notches or any other permanentidentification on such deer as to identify such deer as domesticated deer. Anyperson who receives a permit issued pursuant to subsection (a) shall keeprecords of the deer herd pursuant to rules and regulations.
(h) The livestock commissioner shall inspect any premises where adomesticated deer herd has been issued a permit upon receipt of a written,signed complaint that such premises is not being operated, managed ormaintained in accordance with rules and regulations.
(i) The livestock commissioner, on a quarterly basis, shall transmit to thesecretary of wildlife and parks a current list of persons issued a permitpursuant to this section.
(j) All moneys received under this section shall be remitted to the statetreasurer in accordance with the provisions ofK.S.A. 75-4215, and amendments thereto. Upon receipt ofeach suchremittance, the statetreasurer shall deposit the entire amount in the state treasuryto the credit of the animal disease controlfund.
(k) As used in this section:
(1) "Deer" means any member of the family cervidae.
(2) "Domesticated deer" means any member of the family cervidae which waslegally obtained and isbeing sold or raised in a confined area for breeding stock;for any carcass, skinor part of such animal; for exhibition; or for companionship.
History: L. 1993, ch. 143, § 1;L. 2001, ch. 5, § 176; July 1.
47-2101.Raising domesticated deer; unlawful acts;permit; identification of deer; inspection of premises; communications withwildlife and parks; definitions.(a) It shall be unlawful for any person to engage in thebusiness of raising domesticated deer unless such person has obtained from thelivestock commissioner a domesticated deer permit. Application for such permitshall be made in writing on a form provided by the commissioner. The permitperiod shall be for the permit year ending on June 30 following the issuancedate.
(b) Each application for issuance or renewal of a permit shall beaccompanied by a fee of not more than $100 as established by the commissionerin rules and regulations.
(c) The livestock commissioner shall adopt any rules and regulationsnecessary to enforce this section.
(d) Any person who fails to obtain a permit as prescribed in section (a)shall be deemed guilty of a misdemeanor and upon conviction shall be punishedby a fine not exceeding $100. Continued operation, after a conviction, shallconstitute a separate offense for each day of operation.
(e) The commissioner may refuse to issue or renew or may suspend or revokeany permit for any one of the following reasons:
(1) Material misstatement in the application for the original permit or inthe application for any renewal of a permit;
(2) the conviction of any crime, an essential element of which ismisstatement, fraud or dishonesty, or relating to the theft of or cruelty toanimals;
(3) substantial misrepresentation;
(4) the person who is issued a permit is found to be adding to such person'sherd by poaching or illegally obtaining deer;
(5) willful disregard to any rule or regulation adopted under this section.
(f) Any refusal to issue or renew a permit and any suspension or revocationof a permit under this section shall be in accordance with the provisions ofthe Kansas administrative procedure act and shall be subject to review inaccordance with the act for judicial review and civil enforcement of agencyactions.
(g) Domesticated deer shall be identified through implantation ofmicrochips, ear tags, ear tattoos, ear notches or any other permanentidentification on such deer as to identify such deer as domesticated deer. Anyperson who receives a permit issued pursuant to subsection (a) shall keeprecords of the deer herd pursuant to rules and regulations.
(h) The livestock commissioner shall inspect any premises where adomesticated deer herd has been issued a permit upon receipt of a written,signed complaint that such premises is not being operated, managed ormaintained in accordance with rules and regulations.
(i) The livestock commissioner, on a quarterly basis, shall transmit to thesecretary of wildlife and parks a current list of persons issued a permitpursuant to this section.
(j) All moneys received under this section shall be remitted to the statetreasurer in accordance with the provisions ofK.S.A. 75-4215, and amendments thereto. Upon receipt ofeach suchremittance, the statetreasurer shall deposit the entire amount in the state treasuryto the credit of the animal disease controlfund.
(k) As used in this section:
(1) "Deer" means any member of the family cervidae.
(2) "Domesticated deer" means any member of the family cervidae which waslegally obtained and isbeing sold or raised in a confined area for breeding stock;for any carcass, skinor part of such animal; for exhibition; or for companionship.
History: L. 1993, ch. 143, § 1;L. 2001, ch. 5, § 176; July 1.
