Author Topic: Kansas Hog Hunting--NOT (Read 2143 times)

Kansas Boomer · « **on:** September 16, 2006, 03:03:02 PM »

Feral hogs have spread slowly into Kansas from surrounding states. They are considered a non game animal, and are not subject to most hunting regulations---Until this year. For some unknown reason, Kansas government hase decided it will allow NO feral hog hunting. Not even a land owner can shoot a wild hog on his own property without first getting a permit from Kansas Animal Health Dept. When I first read this, I could not believe it. He would be subject to a fine of $250-$2500. I have written to The Kansas Governor, Kansas Wildlife and Parks, and Kansas Animal health Dept. asking for the resaons behind such a stupid law. So far I have received no answers. The law is Kansas statute 47-1809. I will post the entire statute for your enjoyment in the near future. Thanks, Boomer

Kansas Boomer · « **Reply #1 on:** September 16, 2006, 03:20:50 PM »

For your enjoyment
47-1809. Feral swine; prohibition of such swine in state; duties of livestock commissioner; penalties; appeals. (a) As used in this section, ‘‘feral swine’’ means any untamed or undomesticated hog, boar or pig; swine whose reversion from the domesticated state to the wild state is apparent; or an otherwise freely roaming swine having no visible tags, markings or characteristics indicating that such swine is from a domestic herd, and reasonable inquiry within the area does not identify an owner.
(b) No person shall import, transport or possess live feral swine in this state.
(c) No person shall intentionally or knowingly release any hog, boar, pig or swine to live in a wild or feral state upon public or private land.
(d) No person shall engage in, sponsor, instigate, assist or profit from the release, killing, wounding or attempted killing or wounding of feral swine for the purpose of sport, pleasure, amusement or production of a trophy.
(e) Violation of subsection (b) or (c) may result in a civil penalty in the amount of not less than $1,000 nor more than $5,000 for each such violation. In the case of a continuing violation, every day such violation continues shall be deemed a separate violation.
(f) Violation of subsection (d) may result in a civil penalty of not less than $250 nor more than $2,500 for each such violation.
(g) Any duly authorized agent of the livestock commissioner, upon a finding that any person, or agent or employee thereof, has violated any of the provisions stated above, may impose a civil penalty upon such person as provided in this section.
(h) No civil penalty shall be imposed pursuant to this section except upon the written order of the duly authorized agent of the livestock commissioner to the 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 the commissioner. Any such person, within 20 days after notification, may make written request to the commissioner for a hearing in accordance with the provisions of the Kansas administrative procedure act. The commissioner shall affirm, reverse or modify the order and shall specify the reasons therefor.
(i) Any person aggrieved by an order of the commissioner made under this section may appeal such order to the district court in the manner provided by the act for judicial review and civil enforcement of agency actions.
(j) Any civil penalty recovered pursuant to the provisions of this section shall be remitted to the state treasurer in accordance with the provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt of each such remittance, the state treasurer shall deposit the entire amount in the state treasury to the credit of the state general fund.
(k) The livestock commissioner, or the authorized representative of the livestock commissioner, may destroy or require the destruction of any feral swine upon discovery of such swine.
(l) The provisions of this section shall not be construed to prevent owners or legal occupants of land, the employees of such owners or legal occupants or persons designated by such owners or legal occupants from killing any feral swine when found on their premises or when destroying property. Such designees shall have a permit issued by the livestock commissioner in their possession at the time of the killing of the feral swine.
(m) The livestock commissioner may adopt rules and regulations to carry out the provisions of this section.
History: L. 1995, ch. 244, sec. 1; L. 2000, ch. 121, sec. 2; L. 2001, ch. 5, sec. 174; L. 2006, ch. 114, sec. 1, July l.

curdog · « **Reply #2 on:** September 16, 2006, 04:21:48 PM »

two years from now they will be begging hunters to take hogs. just to maintain a herd of hogs you have to kill 70% a year. think about that.... if you have 100 hogs on a place you would have to kill 70 per year just to maintain 100

Graybeard · « **Reply #3 on:** September 16, 2006, 05:10:49 PM »

I see nothing in that preventing the killing of them, in fact it seems to encourage the killing of them. I guess I just don't understand your reading of it.

loaded4bear · « **Reply #4 on:** September 16, 2006, 06:17:12 PM »

I believe the part in subsection "d"- No person shall engage in the... killing, wounding or attempted killing or wounding of feral swine for the purpose of sport, pleasure, amusement or production of a trophy.-, kind of puts the nix on hog hunting here. That is unless you're willing to pay the civil penalty of $250 to $2,500 per "violation"!

Kansas Boomer · « **Reply #5 on:** September 17, 2006, 04:05:59 AM »

This is what Kansas Wildlife and Parks put out with this years hunting permits:
Hogs

A new Department of Animal Health statute states that “no person shall engage in, sponsor, instigate, assist, or profit from the release, killing, wounding or attempted killing or wounding of feral swine for the purpose of sport, pleasure, amusement, or production of a trophy"; and

"owners or legal occupants of land, the employees of such owners or legal occupants or persons designated by such owners or legal occupants may kill any feral swine when found on their premises or when destroying property. Such designees shall have a permit issued by the livestock commissioner in their possession at the time of the killing of the feral swine."

The Magistrate Judge I spoke with said the statute outlaws farel hog hunting in Kansas without without a permit issued, in advance, in the property owners possession. Only property owners can apply for a permit. Boomer

Kansas Boomer · « **Reply #6 on:** September 22, 2006, 08:43:27 AM »

Still haven't heard from any of my Kansas government officials on the reason for this ridiculous law. Did find some info by digging through kslegislature.org. ---"This bill was requested by the Livestock Commission of the Animal Health Department. At the hearing on the bill, the Livestock Commissioner indicated that feral swine are a threat to the disease status of the state's domestic herd. In addition, the Commissioner stated that under current law it is not illigal to hunt feral swine and that by not prohibiting hunting, the state law promoted illegal activity with respect to feral swine. Other proponents included representatives of the Kansas Pork Council and the Kansas Livestock Association. There were no opponents to the bill."--I might add the bill was interoduced 2/14/06, and approved by the governor on 4/14/06. The fastest I have ever heard of a bill becoming a law. Boomer

Syncerus · « **Reply #7 on:** September 22, 2006, 09:05:40 AM »

Follow the money. The fix was in on this one.

Syncerus

oso45-70 · « **Reply #8 on:** September 22, 2006, 02:23:40 PM »

Kansas Boomer.

Sounds to me like you may have some Kalifornia Politicians moving into your state, The gubment is here to help you. To be truthful its about the silliest thing i have heard of yet. The State must need the money........Joe........

41 mag · « **Reply #9 on:** September 23, 2006, 05:12:13 AM »

Give it a few years, and they will change their tune. Especially once they begin to double and triple their population.

In a lot of counties here, they were once considered great to have, but once they got a toe hold, all you hear is man I wished I had started on them sooner.

Good luck,

Oldtimer · « **Reply #10 on:** September 25, 2006, 03:52:35 AM »

Section D sounds like the old Puritan prohibition against bearbaiting. It was said it was passed not because bearbaiting caused pain to the bear, but because it gave pleasure to the onlookers.

Kansas Boomer · « **Reply #11 on:** October 10, 2006, 05:48:39 AM »

Received a reply from Kansas Dept. of wildlife and Parks, about the reason for NO hog hunting in Kansas. Have tried many times to post it here to no avail. Would gladly email the letter to someone if they can figure out how to post it. Boomer

dukkillr · « **Reply #12 on:** October 10, 2006, 06:06:50 AM »

I suspected that it was because if they take away the reason for importing and releasing hogs (hunting) then people would stop doing it.

Kansas Boomer · « **Reply #13 on:** October 10, 2006, 01:08:57 PM »

I am giving up on posting the original reply from KDWP. Will just type in contents. Boomer

27 September, 2006

RE: Letter dated 13 Sept 2006, feral swine hunting
Constituent Services ID 21849

Dear Mr. ________,

Thank you for your letters to both the Governor and the Secretary of the KDWP. It appears that you misunderstand the intet of the 2007 legislative changes to the Animal Health Department statute, K.S.A. 47-1809.

As you may or may not be aware, populations of feral swine are increaing in Kansas. And feral swine are vectors for all types of diseases and potentially injurious to the environment as well as the financial damaging to the agriculture industry in the State. As these populations have risen, so have complaints from landowners on whose property they roam and forage. The situation is particularly difficult on tracts of public lands where feral swine have been heavily pressured by hunters. When pressured, those animals disperse to nearby private lands, thereby exacerbating the situation at hand.

While some of the feral swine are migrating in from surrounding states, other established populations are relaeaed or escaped aimals. In fact, some individuals have released feral seine expressly for the sole purpose of establishing populations to hunt as a game species. Therefore, the first purpose of the legislative change was to take the financial incentive out of releasing feral swine. The second purpose for the banning of sport hunting of feral swine is to allow large scale methods of control to eliminate populations. When the animals are not pressured and not hunted, they do not disperse and are therefore more susceptible to large scale control methods. This control tactic has worked previously in areas where populations have occurred, such as was proven on Fort Riley in years past.

While what you are proposing seems logical at first look, using huters to control feral swine population actually works conversely to the control methods necessary to prevent those populations from further expanding and establishing footholds in other areas of the State.

It is my understanding that you have spokien with David Leffingwell of the KAHD already. If you have further questions regarding feral swine, I would encourage you to again contact the KAHD at 785-296-2326 as that is the agency with primary jurisdiction over feral swine control.

Sincerely,

(Signature)

Christopher J. Tymeson
Chief Legal Counsel
Kansas Department of Wildlife and Parks

CC: Governor's Office, Constituent Services
David Leffingwell, Chief Attorney, KAHD
Joe Kramer, Fisheries and Wildllife Division Director, KDWP

dukkillr · « **Reply #14 on:** October 10, 2006, 01:44:55 PM »

seems reasonable to me.

Kansas Boomer · « **Reply #15 on:** October 11, 2006, 09:13:16 AM »

Seems to me, its more lke saying "speeders are making the highways dangerous, therefore no one will drive". boomer

dukkillr · « **Reply #16 on:** October 11, 2006, 09:38:15 AM »

huh, well a better analogy would be that they are making it illegal to give prize money away to people who win races on public streets. Take the reason people are breaking the law away, and they will be less apt to break it.

Where in KS do you live anyway? Where I live and hunt hogs aren't an issue.

Kansas Boomer · « **Reply #17 on:** October 12, 2006, 07:15:33 AM »

dukkillr, I live in N.E. Kansas, but have a deer hunting cabin in S. Central Kansas, just north of the Oklahoma line. Hogs have been moving into the area for years. We hoped to add pork to our venison this year. I know there are ways to work around this new statute. I can have the land owner apply for a feral hog permit, and put me down as a designated control agent. But that just bugs the hell out of me to have to work around these pin head bureaucrats. boomer

dukkillr · « **Reply #18 on:** October 12, 2006, 09:32:16 AM »

I live in the KC area, but I make a trip or two to southern Central Kansas to hunt a farm there that my wife's family owns. It's near independence Kansas. I can't recall anyone ever saying anything about hogs there, and I've never seen one. Great turkey hunting though.

Game_Stalker · « **Reply #19 on:** October 13, 2006, 08:07:08 PM »

About a year or so ago, I saw a roadkill feral hog on the side of a I-135 entrance ramp in the outskirts of Wichita. First one I ever saw out this way. I don't care what they say, I don't think this plan of action will work.

Bandito · « **Reply #20 on:** October 17, 2006, 03:28:58 PM »

Curdog and 41 Mag have it right. Wait a couple of years. You will be sending more of them to the State of Misery by then.. Oops, I forgot, the enforcement fellow KNOWS that they won't spread their territory if not hunted. RIGHT! Waiting patiently- Bandito

curdog · « **Reply #21 on:** October 18, 2006, 07:30:58 AM »

they will spread with or without hunting pressure.

markc · « **Reply #22 on:** October 18, 2006, 12:23:47 PM »

They will go where the food is, and as fast as they reproduce, they will have to spread out to find enough to eat/destroy..

Dusty Miller · « **Reply #23 on:** October 20, 2006, 05:16:40 PM »

It sounds to me like Kansas will become hog hunter's heaven in a few years!!