A Guide to the Kansas Nongame and Endangered Species Conservation Act Requirements, Process, and Compliance

The Kansas Nongame and Endangered Species Conservation Act plays a critical role in safeguarding the state's biodiversity and ensuring responsible development practices. This comprehensive guide unravels the complexities of the act, empowering readers to navigate its requirements with confidence. Discover the key provisions that shape the regulatory landscape, from the activities and entities covered to the standards and limitations imposed. Gain insights into the monitoring, reporting, and recordkeeping obligations that underpin effective compliance strategies. Understand the potential consequences of violations and learn how to proactively engage with state agencies to minimize enforcement risks. With a focus on recent developments and a forward-looking outlook, this guide equips readers with the knowledge and resources needed to make informed decisions and contribute to the conservation of Kansas's precious nongame and endangered species.

GENERAL INFORMATION

Key Details of the Kansas Nongame and Endangered Species Conservation Act

Issuing Agency: Kansas Department of Wildlife, Parks and Tourism (KDWPT)

Year Established: 1975

Last Amended: 2016

Statutory Authority: Kansas Nongame and Endangered Species Conservation Act, K.S.A. 32-957 through 32-963, 32-1009 through 32-1012, and 32-1033 ¹

Primary Legal Reference: Kansas Administrative Regulations (K.A.R.) 115-15-1 through 115-15-4

Overview of the Kansas Nongame and Endangered Species Conservation Act

The Kansas Nongame and Endangered Species Conservation Act is a state-level regulation that operates within the broader framework of the Kansas Department of Wildlife, Parks and Tourism's mission to conserve and enhance Kansas' natural heritage, its wildlife, and its habitats. The Act works in conjunction with the federal Endangered Species Act to protect threatened and endangered species within the state of Kansas.

The primary environmental issues addressed by the Act are the conservation, protection, and restoration of endangered and threatened wildlife species and their habitats in Kansas. The Act aims to prevent the further decline or extinction of these species by regulating activities that may harm them or their habitats.

The Kansas Department of Wildlife, Parks and Tourism is the primary state agency responsible for administering and enforcing the Act. The Act was first enacted in 1975 and has undergone several amendments, with the most recent significant update occurring in 2016.

The Act achieves its goals by:

1. Listing endangered and threatened species in the state
2. Prohibiting the taking, possession, transportation, exportation, processing, sale, or offer for sale of listed species
3. Requiring permits for activities that may impact listed species or their habitats
4. Implementing conservation programs and management plans for listed species

The Act applies to all lands and waters within the state of Kansas, and it regulates the activities of individuals, businesses, and state agencies that may impact listed species or their habitats.

What does the Kansas Nongame and Endangered Species Conservation Act protect?

The Kansas Nongame and Endangered Species Conservation Act protects endangered and threatened wildlife species in the state of Kansas. These species are protected from various activities that may harm them or their habitats, such as hunting, trapping, collecting, harassing, or killing. The Act also protects the critical habitats of these species from destruction or adverse modification. By regulating these activities and implementing conservation programs, the Act aims to prevent the further decline or extinction of endangered and threatened wildlife species in Kansas.

REGULATORY SCOPE & JURISDICTION

Regulated Activities & Entities

The Kansas Nongame and Endangered Species Conservation Act regulates activities that may impact threatened or endangered species within the state of Kansas. The act applies to a wide range of entities, including individuals, businesses, and government agencies engaging in activities such as construction, land development, agriculture, and resource extraction.

Under the Kansas Nongame and Endangered Species Conservation Act, the following activities are prohibited²:

1. Taking, possessing, transporting, exporting, processing, selling, offering for sale, or shipping any threatened or endangered species.
2. Degrading or destroying the habitat of any threatened or endangered species.
3. Using any threatened or endangered species for scientific, zoological, or educational purposes without a permit.

These prohibitions are in place to protect threatened and endangered species from further decline and to preserve their critical habitats. By regulating activities that may harm these ebxpecies or their habitats, the act aims to promote the recovery and conservation of Kansas' biodiversity.

Structure and Key Provisions

The Kansas Nongame and Endangered Species Conservation Act is structured into several key sections that outline the act's purposes, definitions, prohibitions, and enforcement provisions. Some of the most important sections include:

Section 32-958: Definitions

This section defines key terms used throughout the act, such as "threatened species," "endangered species," and "taking."³

Section 32-960: Prohibited Acts

This section outlines the activities that are prohibited under the act, including taking, possessing, transporting, or selling threatened or endangered species⁴.

Section 32-961: Permits

This section establishes the permitting process for activities that may impact threatened or endangered species, such as scientific research or zoological exhibitions⁵.

Section 32-964: Enforcement

This section grants the Secretary of Wildlife, Parks and Tourism the authority to enforce the act and establishes penalties for violations⁶.

It is essential for entities engaging in activities that may be regulated under the Kansas Nongame and Endangered Species Conservation Act to consult the full text of the regulation and engage with the Kansas Department of Wildlife, Parks and Tourism for project-specific guidance.

COMPLIANCE REQUIREMENTS & STANDARDS

Regulatory Standards & Limitations

The Kansas Nongame and Endangered Species Conservation Act establishes various standards and limitations to protect and conserve nongame and endangered species within the state. These standards may include restrictions on activities that could harm or disturb protected species or their habitats, such as land development, construction, or certain agricultural practices.⁷ The act also establishes performance standards for projects that may impact protected species, requiring developers to implement measures to minimize or mitigate any adverse effects.⁸ Compliance with these standards is typically enforced through a combination of permit requirements, agency oversight, and potential penalties for violations.⁹

Monitoring, Reporting & Recordkeeping Obligations

Under the Kansas Nongame and Endangered Species Conservation Act, regulated entities may be subject to various monitoring, reporting, and recordkeeping requirements. These obligations are designed to ensure compliance with the act's standards and to provide agencies with the information needed to assess the status of protected species and their habitats.¹⁰

Enforcement Actions & Penalties

The Kansas Nongame and Endangered Species Conservation Act authorizes state agencies to take various enforcement actions in response to violations of the act's provisions. These may include issuing notices of violation, administrative orders, or assessing civil and criminal penalties.¹¹ The severity of the enforcement action and the amount of any penalties will depend on factors such as the nature and extent of the violation, the harm caused to protected species or their habitats, and the violator's compliance history.¹²

ADDITIONAL RESOURCES

Recent Developments & Regulatory Outlook

The Kansas Nongame and Endangered Species Conservation Act has undergone several significant developments in recent years. In 2019, the Kansas Department of Wildlife, Parks and Tourism (KDWPT) updated the list of threatened and endangered species, adding several new species and removing others based on the latest scientific data. This update has important implications for developers, as projects that may impact newly listed strategic species will now require additional scrutiny and potential mitigation measures.

Another notable development was the passage of Senate Bill 331 in 2020, which amended the act to streamline the permitting process for certain activities that may affect threatened or endangered species. The bill established a new "incidental take" permit, which allows developers to proceed with projects that may result in the unintentional harm or disturbance of protected species, provided they implement an approved conservation plan.

Looking ahead, the KDWPT is currently reviewing its regulations related to the designation of critical habitat for threatened and endangered species. The agency is expected to propose new rules in the coming months that could expand the areas subject to heightened protection and consultation requirements. Stakeholders should monitor the KDWPT website and subscribe to its mailing list to stay informed about these and other regulatory developments.

Additionally, environmental consultants and developers should be aware of ongoing litigation related to the act. In a recent case, a federal court upheld the KDWPT's decision to deny a permit for a wind energy project that posed risks to the endangered whooping crane. This decision highlights the importance of thorough environmental assessments and the need to consider potential impacts on protected species early in the project planning process.

Additional Resources

Kansas Nongame and Endangered Species Conservation Act - Full Text: The complete text of the act, including all amendments, as maintained by the Kansas Legislature.