Federal and Kansas Statutes and KDWPT Regulations that may impact herpetological field work. This list is currently incomplete and will be continually updated. Statues are laws made by legislatures. Regulations are laws created by agencies (usually under statutory authorization). Both statutes and regulations carry the same legal force.

License Requirements — KAR 115-7-5, 115-7-6.
American Bullfrog (Lithobates catesbeianus), Snapping Turtle (Chelydra serpentina), Smooth Softshell (Apalone mutica), and Spiny Softshell (Apalone spinifera)

• A fishing license is required to take these four species.
• Legal methods of take for American Bullfrogs (open 1 July through 31 October) are hand, dip-net, hook and fishing line, gig, and bow/crossbow and arrow with a barbed head and attached line.
• The daily creel limit for American Bullfrogs is eight; the possession limit is three creel limits.
• Legal methods of take for Snapping Turtles, Smooth Softshells, and Spiny Softshells (open year-round) are hand, hook and fishing line, set line, hand dip net, seine, turtle trap, and gig.
• The daily bag limit for these three turtles is eight, in any combination of species; the possession limit for the turtles is three bag limits.
• Allowed bait for the taking of these species are artificial lures, baitfish, prepared bait, vegetable material, material or artificial matter attached to a hook, and other wildlife, except those species, specifically prohibited as bait and state listed protected species.
• Fishing is prohibited at boat ramps and boat docks closed to fishing by public notice.
• Fishing shall be prohibited at swimming areas and swimming beaches that are posted as swimming areas or swimming beaches and delineated by buoys or other markers.
• Minnows, baitfish, and other fishing bait may be taken for use as fishing bait only on a noncommercial basis and may be used only in the department-managed water where taken.
• Seining in department-managed waters shall be prohibited.

All other native amphibians and reptiles (not state listed [115-15-1, 115-15-2]) - A hunting license is required to take.

Definitions — KSA 32-701.

• (t) "Take" means harass, harm, pursue, shoot, wound, kill, molest, trap, capture, collect, catch, possess or otherwise take, or attempt to engage in any such conduct.
• (u) "Wildlife" means any member of the animal kingdom, including, without limitation, any mammal, fish, bird, amphibian, reptile, mollusk, crustacean, arthropod or other invertebrate, and includes any part, product, egg or offspring thereof, or the dead body or parts thereof. Wildlife does not include agricultural livestock (cattle, swine, sheep, goats, horses, mules and other equines) and poultry (domestic chickens, turkeys and guinea fowl).

License Exemptions — KAR 115-9-7.
Residents under 16 years of age do not need a Kansas hunting or fishing license.
A hunting license is not required for those activities which are not a part of the actual capturing wildlife. Such activities include, but are not limited to:

• Carrying or assist with carrying wildlife for another while in the company of that individual (however, you may not carry equipment used for taking wildlife [e.g. snake sticks, dip net, picks, seines, etc.]).
• Possession of wildlife (or assisting) for the purpose of dressing, cleaning, or processing (e.g. museum specimen preparation or taxidermy).
• Possession of finished wildlife products (e.g. a snake hatband).
• Possession of donated wildlife that was acquired, possessed and given by another.
• Possession of wildlife that was legally acquired by the individual.
• Wildlife observations.
• Nature observations and studies.
• Feeding of wildlife, watering of wildlife.
• Accidental killing or injuring of wildlife such as vehicle collision with wildlife, assist with the tracking of wounded wildlife.

Endangered, Threatened, and Species in Need of Conservation (SINC) — KAR 115-15-1, 115-15-2.
Endangered

• Amphibians
  • Cave Salamander, Eurycea lucifuga (Rafinesque, 1822)
  • Western Grotto Salamander, Eurycea spelaea (Stejneger, 1892)

Threatened

• Amphibians
  • Eastern Newt, Notophthalmus viridescens (Rafinesque, 1820)
  • Long-tailed Salamander, Eurycea longicauda (Green, 1818)
  • Eastern Narrow-mouthed Toad, Gastrophryne carolinensis (Holbrook, 1836)
  • Green Frog, Lithobates clamitans (Latreille, 1801)
  • Strecker’s Chorus Frog, Pseudacris streckeri (Wright and Wright, 1933)
  • Chihuahuan Green Toad, Anaxyrus debilis (Girard, 1854)
• Reptiles
  • Broad-headed Skink, Plestiodon laticeps (Schneider, 1801)
  • Checkered Gartersnake, Thamnophis marcianus (Baird and Girard, 1853)
  • New Mexico Threadsnake, Rena dissectus (Cope, 1896)
  • Northern Map Turtle, Graptemys geographica (LeSueur, 1817)

SINC

• Amphibians
  • Red-spotted Toad, Anaxyrus punctatus (Baird and Girard, 1852)
  • Crawfish Frog, Lithobates areolata (Baird and Girard, 1852)
  • Spring Peeper, Pseudacris crucifer (Wied-Neuwied, 1838)
• Reptiles
  • Rough Earth Snake, Haldea striatula (Linnaeus, 1766)
  • Plains Hog-nosed Snake, Heterodon nasicus (Baird and Girard, 1852)
  • Timber Rattlesnake, Crotalus horridus (Linnaeus, 1758)
  • Eastern Hog-nosed Snake, Heterodon platirhinos (Latreille, 1801)
  • Glossy Snake, Arizona elegans (Kennicott, 1859)
  • Chihuahuan Night Snake, Hypsiglena jani (Duges, 1865)
  • Red-bellied Snake, Storeria occipitomaculata (Storer, 1839)
  • Long-nosed snake, Rhinocheilus lecontei (Baird and Girard, 1853)
  • Smooth Earth Snake, Virginia valeriae (Baird and Girard, 1853)
  • Alligator Snapping Turtle, Macrochelys temminckii (Troost, in Harlan, 1835)

An endangered, threatened or nongame species in need of conservation species taken during established trapping seasons, authorized commercial wildlife operations, fishing by hook and line, baitfish seining, or other lawful activity shall not be unlawfully taken if immediately released.

Commercial Harvest of Fish Bait — KAR 115-17-01, 115-17-2.
No native Kansas amphibian or reptile can be commercially harvested in Kansas for sale as fishing bait. Mudpuppys (Necturus maculosus), larval Western Tiger Salamanders (Ambystoma mavortium), and Plains and Southern Leopard Frogs (Lithobates blairi and L. sphenocephalus respectively) are popular species used as fish bait, under this regulation, they cannot be sold (only collected for personal use or given away).

Wildlife Rehabilitation Permit — KAR 115-18-1.
Any person may temporarily possess and transport sick, orphaned, displaced, or injured wildlife within the state to a person authorized to perform wildlife rehabilitation services or initial treatment. Possession of an individual animal for transportation to initial treatment shall not exceed one day.
Wildlife in need of rehabilitation treatment or care may be provided emergency medical care and stabilization by any of the following individuals or institutions not holding a rehabilitation permit for 48 hours, after which time the wildlife shall be transferred to a permitted rehabilitator:

• Accredited zoological parks;
• nature centers;
• department wildlife professionals; or
• licensed veterinarians.

Scientific, Educational or Exhibition Permit — KAR 115-18-3.
Allows for collection/salvage in a manner prescribed by the permit.

Retrieval and possession of game animals, sport fish, and migratory game birds. Wanton waste — KAR 115-18-8.
Each individual wounding or killing a game animal, sport fish, or a migratory game bird shall make a reasonable effort to retrieve the wounded or dead game animal, sport fish, or migratory game bird. The retrieved game animal, sport fish, or migratory game bird shall be retained in the individual's bag, creel, or possession limit, unless prohibited by regulations of the secretary for the individual species taken. Nothing in this subsection shall prohibit the catch and release of live sport fish.
Each game animal, sport fish, or migratory game bird retrieved shall be retained until any of the following occurs:

• The animal, fish, or bird is processed for consumption.
• The animal, fish, or bird is transported to the individual's residence, to a place of commercial preservation, or to a place of commercial processing.
• The animal, fish, or bird is given to another person in accordance with KAR 115-3-1, and KAR 115-4-2, and KAR 115-7-4.
• The animal, fish, or bird is consumed.
• The provisions of this regulation shall not affect any requirement of state or federal law or regulation regarding any proof of species, age, or sex and the attachment of this proof to the carcass.

Construction, Littering, and Prohibited Activities — KAR 115-18-20.
The following activities shall be prohibited on department lands and waters except as specified in rules and regulations or as authorized by the department: constructing any structure (e.g. drift fencing), dumping, discarding, or depositing trash, litter, or waste material (e.g. placing of cover objects [e.g. tin sheets, plywood, etc.]), digging holes or pits (pitfall traps); and destroying, defacing, degrading, or removing geological formations or vegetation.

Wildlife Control Permit— KAR 115-16-05.
Each person holding a valid wildlife control permit issued according to KAR 115-16-6, and each person assisting the permittee while under the constant and direct supervision and in the constant presence of the permittee, shall be authorized to take, transport, release, and euthanize wildlife subject to the restrictions described in this regulation and on the permit.
Wildlife may be taken under the authorization of a wildlife control permit only when one or more of the following circumstances exist:

• The wildlife is found in or near buildings.
• The wildlife is destroying or about to destroy property.
• The wildlife is creating a public health or safety hazard or other nuisance.

Subject to the restrictions described in this regulation and on the permit, a wildlife control permit shall allow the taking reptiles and amphibians, despite any other season, open unit, or limit restrictions that may be established by the department.
No person shall possess a live species of wildlife taken under the authority of a wildlife control permit beyond the close of the calendar day following capture unless specifically authorized by the department. Live wildlife shall not be used for display purposes, programs, training dogs, or otherwise kept in captivity.
Subject to applicable federal, state, and local laws and regulations, reptiles and amphibians may be taken with the following equipment or methods:

• Trapping equipment, if each trapping device is equipped with a metal tag with the permittee’s name and address or the permittee’s department-issued identification number and is checked at least once each calendar day, and if snares are not attached to a drag. Trapping equipment shall consist of the following, foothold traps, body-gripping traps, box traps, live traps, and snares.
• Firearms and accessory equipment (optical scopes or sights, sound-suppression devices, BB guns and pellet guns, archery equipment).
• Dogs, falconry, toxicants registered by the Kansas department of agriculture, except that such use may be subject to 115-16-1, 115-16-2, or 115-16-3, habitat modification, net or seine, glue board, hand, any other methods to exclude or frighten wildlife (including repellents), or any other method as specified on the permit.

Dangerous Regulated Animals — KAR 115-20-5.
Each person possessing a dangerous regulated animal, as defined in L. 2006, ch. 131, sec. 1 and amendments thereto, shall confine, house, maintain, and transport the animal as follows:
Nonnative venomous snakes.

• Each primary holding container for snakes shall have an access door or opening that is securely latched and locked, have joined surfaces that meet tightly and be structurally sound to prevent separation of the surfaces and the escape of the confined snake or snakes.
• Each primary holding container for snakes shall be locked within a building or other structure that is inaccessible to unauthorized persons and that is constructed and maintained to prevent the escape of each confined snake.
• Each primary holding container for snakes shall be constructed from material meeting one of the following minimum requirements:
  • Laminated safety glass, plate glass, or tempered glass at least 3/16 inch thick;
  • break-resistant plastic with strength equivalent to the strength of laminated safety glass that is at least 3/16 inch thick;
  • wire-reinforced concrete;
  • sheet metal;
  • molded fiberglass; or
  • plywood or interlocking lumber that has been treated to be impervious to moisture and is at least ½ inch thick.
• Each primary holding container shall have adequate ventilation. Each ventilation opening shall be securely covered with double walls made of wire or fiberglass mesh measuring at least 1/16 inch.
• The perimeter of each primary holding container for snakes less than six feet in length shall be at least 1½ times the length of the snake. The perimeter of each container for snakes more than six feet in length shall be at least twice the length of the snake.
• Each primary holding container shall be labeled with the common and scientific names of the species and subspecies of snakes held and the number of snakes held. The label shall be legibly marked with the warning “poisonous” or “venomous” and the name of the appropriate antivenin for the snake species.
• Each primary holding container used for public exhibit or display shall have double-pane glass panels.
• Written emergency procedures to be followed if a snake escapes shall be posted in a prominent location in the building or structure housing the snakes, along with a written plan from a hospital stating the way that a venomous bite should be treated and a notice of the location of the nearest, most readily available source of appropriate antivenin.
• Each snake removed from the primary holding container for feeding or for cleaning the container shall be held in a fully enclosed and ventilated container with a secure and locked lid.
• Each snake that must be transported from its primary holding container to another location shall be transported in a cloth sack placed inside a break-resistant, ventilated, and locked box that is made of wood, fiberglass, or plastic and that is clearly marked with the contents of the box. In addition, the box used shall not be injurious to the snake, shall not be subject to breaking from impact or dropping, and shall prohibit physical contact between the snake and any person.

Department Lands and Waters: Hunting — KAR 115-8-1.
Subject to provisions and restrictions as established by posted notice, the following activities shall be allowed on department lands and waters: hunting during open seasons for hunting on lands and waters designated for public hunting. Department lands and waters shall not be open for the commercial harvest of amphibians and reptiles.

Game Breeder Permit Requirement — KAR 115-12-3.
A game breeder permit shall be required to engage in the business of raising and selling reptiles or amphibians that are native to or indigenous to Kansas. Without a game breeder permit, a species native to Kansas may not be sold privately, at a herp show, or in a pet store.

Certain Wildlife; Legal Equipment, Taking Methods, Possession, and License Requirement — KAR 115-20-2.
Subject to federal and state laws and regulations amphibians and reptiles (excluding American Bullfrogs, Snapping Turtles, Smooth Softshells, Spiny Softshells, and state-listed species [115-15-1,115-15-2]) may be taken for personal use on a noncommercial basis. Legal means of take are bow and arrow, crossbow, deadfall, dogs, falconry, firearms, except fully automatic firearms, glue board, hand, net or seine, optical scopes or sights that project no visible light toward the target and do not electronically amplify visible or infrared light, pellet and BB gun, projectiles hand-thrown or propelled by a slingshot, snare or noose, or trap. The open season for the taking of these wildlife shall be year-round. No more than five of any one species of amphibian, or reptile may be possessed. Legally taken wildlife listed above may be possessed without limit in time.

Falconry — KAR 115-14-11, 115-14-12, 115-14-13, 115-14-14, 115-14-15.
Each falconer hunting in Kansas shall possess the applicable current hunting license. Any falconry raptor may kill wildlife, including animals killed outside the established hunting season, if it was not the intent of the falconry permittee to kill the wildlife. The falconry raptor may be allowed to feed on the wildlife, but the permittee shall not take the wildlife, or any part of the wildlife, into possession.
The falconry permittee shall report the take of any federally listed threatened or endangered species to the ecological services field office of the United States fish and wildlife service and provide the location where the take took place. The falconry permittee shall report the take of any wildlife designated as endangered or threatened in KAR — 115-15-1 or as a species in need of conservation as listed in KAR — 115-15-2 to the environmental services section of the department and provide the location where the take took place.

Trespass — KSA 21-5808, 21-5809.
It is illegal to enter or remain on any land, non-navigable (Arkansas, Kansas, and Missouri rivers) body of water, or railroad property without the owner or other authorized person's consent. It's considered trespassing if you are specifically told not to enter, if there are signs or postings (including posts painted purple), or if there are fences, locks or other means of enclosed, shut, or secured passages of entry. If the area is marked by purple paint or 'hunting by written permission only signs', you must have signed written permission on your possession. Collecting/hunting on the road or public right-of-way (e.g. road-cut) requires the permission from the adjacent landowner.
Criminal trespassing is a Class B nonperson misdemeanor, the maximum penalty is six months in jail, a $1,000.00 fine, or both. Additionally, the court can suspend or revoke license privileges for up to a year. A second conviction requires at least a one-year suspension of privileges in addition to any fines or jail time. Furthermore, KDWPT is a member of the Wildlife Violator Compact, to which 34 other states currently belong. Under this compact, anyone who has had hunting, fishing, or furharvesting privileges revoked or suspended in a member state cannot hunt, trap, or fish in other member states.

Trespass; state/county roadways — SHAWNEE COUNTY VS BECKWITH, 10 KAN. 603 (1873)
The opinion of the court was delivered by J. Valentine, and said in part: “In this state the statutes provide for the establishment of public roads and highways (Gen. Stat. 897, Ch. 40) but both the constitution and the statutes are silent as to how much of the land, or what interest therein shall pass to the public, and how much of the land or what interest therein shall remain with the original proprietor. Therefore, we would infer that nothing connected with the land passes to the public except what is actually necessary to make the road a good and sufficient thoroughfare for the public. The public obtains a mere easement to the land. It obtains only so much of the land, soil, trees, etc., as is necessary to make a good road. It obtains the right for persons to pass and repass, and to use the road as a public highway only, and nothing more. The fee in the land never passes to the public, but always continues to belong to the original owner.” [See Attorney General Opinion No. 99-53]
Interpretation: The adjacent landowner owns to the center of the road. Permission of the adjacent landowner is required to leave the road surface to look for amphibians and reptiles (e.g. roadcuts).

Walk-In Hunting/Fishing
Lands enrolled in either the Kansas Walk-in Hunting Access Program (WIHA) or Fishing Impoundments and Stream Habitats (FISH) programs permit licensed hunters or fishermen to take reptiles and amphibians (excluding state-listed species [115-15-1, 115-15-2]). Including American Bullfrogs (Lithobates catesbeianus)[in season], Snapping Turtles (Chelydra serpentina), and Softshell Turtles (Apalone mutica and A. spinifera). WIHA tracts are open to hunting either September 1 – January 31, November 1 – January 31, September 1 – March 31 or April 1 – May 31 as indicated in this atlas and on posted boundaries. FISH sites are open for public access from March 1 to October 31 or year-round. Entering WIHA or FISH properties prior to or after the posted access period for any reason is trespassing. These sites are patrolled, please check the atlases produced yearly by KDWPT (and/or the KDWPT website) for any additional rules or guidelines (e.g. currently seining is not allowed on FISH sites).

Unlawful taking or dealing in wildlife; wanton waste; penalties; exceptions; carrying a handgun; use of silencers; other — KSA 32-1002.
Unless and except as permitted by law or rules and regulations adopted by the secretary in accordance with K.S.A. 32-805, and amendments thereto, it is unlawful for any person to:
(1) Hunt, fish, furharvest or take any wildlife in this state by any means or manner;
(2) possess any wildlife, dead or alive, at any time or in any number, in this state;
(3) purchase, sell, exchange, ship or offer for sale, exchange or shipment any wildlife in this state;
(4) take any wildlife in this state for sale, exchange or other commercial purposes;
(5) possess any seine, trammel net, hoop net, fyke net, fish gig, fish spear, fish trap or other device, contrivance or material for the purpose of taking wildlife; or
(6) take or use, at any time or in any manner, any game bird, game animal, coyote or furbearing animal, whether pen-raised or wild, in any field trial or for training dogs.

• (b) The provisions of subsections (a)(2) and (a)(3) do not apply to animals sold in surplus property disposal sales of department exhibit herds or animals legally taken outside this state, except the provisions of subsection (a)(3) shall apply to:
  • (1) The meat of game animals legally taken outside this state; and
  • (2) other restrictions as provided by rule and regulation of the secretary.
• (c) The provisions of this section shall not be construed to prevent:
  • (1) Any person from taking starlings or English and European sparrows;
  • (2) owners or legal occupants of land from killing any animals when found in or near buildings on their premises or when destroying property, subject to the following:
    • (A) The provisions of all federal laws and regulations governing protected species and the provisions of K.S.A. 32-957 through 32-963, and amendments thereto, and rules and regulations adopted thereunder;
    • (B) it is unlawful to use, or possess with intent to use, any such animal so killed unless authorized by rules and regulations of the secretary; and
    • (C) such owners or legal occupants shall make reasonable efforts to alleviate their problems with any such animals before killing them;
  • (3) any person who lawfully possesses a handgun from carrying such handgun, whether concealed or openly carried, while lawfully hunting, fishing or furharvesting; or
  • (4) any person who lawfully possesses a device or attachment of any kind designed, used or intended for use in suppressing the report of any firearm from using such device or attachment in conjunction with lawful hunting, fishing or furharvesting.
• (d) Any person convicted of violating provisions of this section shall be subject to the penalties prescribed in K.S.A. 32-1031, and amendments thereto, except as provided in K.S.A. 32-1032, and amendments thereto, relating to big game and wild turkey.

Unlawful methods of taking wildlife; penalties. — KSA 32-1003.

• (a) It is unlawful for any person, unless authorized by law or rules and regulations of the secretary, to:
  • (1) Take any game animal or furbearing animal from a motorboat, airplane, motor vehicle or other water, air or land vehicle unless such person holds a valid handicapped hunting and fishing permit issued to such person pursuant to K.S.A. 32-931, and amendments thereto;
  • (2) provide or receive information concerning the location of any game animal or furbearing animal by radio or other mechanical device for purposes of taking such bird or animal;
  • (3) use sodium fluoroacetate, commonly called formula 1080, except as permitted by rules and regulations of the secretary;
  • (4) use poison, poisonous gas, smoke or ferrets, or any smoke gun or other device for forcing smoke or any other asphyxiating or deadly gas or liquid into the holes, dens, runways or houses of wildlife, except as permitted by rules and regulations of the secretary;
  • (5) fish by placing in or upon any lake, pond, river, creek, stream or any other water, bordering on or within the state of Kansas, any deleterious substance or fishberries;
  • (6) place or explode any dynamite, giant powder, lime, nitroglycerine or any other explosive of any character or kind in any waters of the state of Kansas with the intent to take or stun fish;
  • (7) throw or cast the rays of a spotlight, headlight or other artificial light on any highway, roadway, field, grassland, woodland or forest for the purpose of spotting, locating or taking any wildlife while having in possession or control, either singly or as one of a group of persons, any rifle, pistol, shotgun, bow or other implement whereby wildlife could be taken, except that nothing in this subsection shall be construed to prohibit a person from carrying a weapon while using artificial light for conducting surveillance, actively caring for agricultural equipment or livestock or conducting activities described in subsection (c)(2) of K.S.A. 32-1002, and amendments thereto, when on land under the person's control, if the person owns such land, is in lawful possession of such land or is regularly employed for purposes of livestock or agricultural production or management on such land.
• (b) Any person convicted of violating provisions of this section shall be subject to the penalties prescribed in K.S.A. 32-1031, and amendments thereto, except as provided in K.S.A. 32-1032, and amendments thereto, relating to big game and wild turkey.

Interpretation: Many of the ways people currently pursue amphibians and reptiles in Kansas (e.g. road cruising, at night w/ the aid of a flashlight/headlamp), may be unlawful.

Sale and Purchase of Game Animals — KAR 115-17-15.
Any part of legally taken game animals, excluding flesh, may be sold, purchased, possessed and utilized for any purpose.

Commercial Harvest of Prairie Rattlesnakes — KAR 115-17-16, 115-17-17, 115-17-18, 115-17-19, 115-17-20.
The commercial harvest, possession or sale of Prairie Rattlesnakes (Crotalus viridis) or their parts shall be authorized only in conjunction with a commercial event authorized by the department under a commercial Prairie Rattlesnake special event permit. Finished products of Prairie Rattlesnakes taken in conjunction with a commercial Prairie Rattlesnake special event may be possessed at any time and may be sold at any time. Live Prairie Rattlesnakes not otherwise disposed of shall be released live and unrestrained not later than the conclusion of the commercial Prairie Rattlesnake special event for which the commercial Prairie Rattlesnake harvest permittee was registered unless otherwise authorized by the department. Any commercial Prairie Rattlesnake harvest permittee may possess Prairie Rattlesnakes that are less than 18 inches in length. These Prairie Rattlesnakes shall be released live and unrestrained not later than the conclusion of the commercial Prairie Rattlesnake special event for which the commercial Prairie Rattlesnake harvest permittee was registered.
The open area for the taking of Prairie Rattlesnakes (Crotalus viridis) on a commercial basis shall be that portion of Kansas west of U.S. Highway 283, except Morton county shall not be open for the taking of Prairie Rattlesnakes on a commercial basis. A commercial Prairie Rattlesnake harvest permittee shall not harvest more than 10 Prairie Rattlesnakes per day or possess more than 10 Prairie Rattlesnakes per day in the field during the period of time and under the conditions established for the commercial harvest of Prairie Rattlesnakes. A commercial Prairie Rattlesnake harvest permittee shall not possess more than 20 Prairie Rattlesnakes or the parts of more than 20 Prairie Rattlesnakes.
Legal equipment and taking methods permitted for commercial harvest of Prairie Rattlesnakes shall be: by hand, by noose, by snake hook, tong or fork, and by other methods as approved by the department. Holding bags, holding baskets and holding cages may be used, provided the name and commercial Prairie Rattlesnake harvest permit number of the permittee is attached to each.
Any person desiring to purchase Prairie Rattlesnakes or their parts for resale or for export from the state or both shall make an application to the secretary for a commercial Prairie Rattlesnake dealer permit.

Lacey Act — USC 3371–3378.
The Lacey Act provides that it is unlawful for any person to import, export, transport, sell, receive, acquire, or purchase any fish or wildlife or plant taken, possessed, transported, or sold in violation of any law, treaty, or regulation of the United States or in violation of any Indian tribal law whether in interstate or foreign commerce. All plants or animals taken in violation of the Act are subject to forfeiture as well as all vessels, vehicles, aircraft, and other equipment used in the process.
(a) Offenses other than marking offenses

• It is unlawful for any person--
  • (1) to import, export, transport, sell, receive, acquire, or purchase any fish or wildlife or plant taken, possessed, transported, or sold in violation of any law, treaty, or regulation of the United States or in violation of any Indian tribal law;
  • (2) to import, export, transport, sell, receive, acquire, or purchase in interstate or foreign commerce--
    • (A) any fish or wildlife taken, possessed, transported, or sold in violation of any law or regulation of any State or in violation of any foreign law;
    • (B) any plant--
      • (i) taken, possessed, transported, or sold in violation of any law or regulation of any State, or any foreign law, that protects plants or that regulates--
        • (I) the theft of plants;
        • (II) the taking of plants from a park, forest reserve, or other officially protected area;
        • (III) the taking of plants from an officially designated area; or
        • (IV) the taking of plants without, or contrary to, required authorization;
      • (ii) taken, possessed, transported, or sold without the payment of appropriate royalties, taxes, or stumpage fees required for the plant by any law or regulation of any State or any foreign law; or
      • (iii) taken, possessed, transported, or sold in violation of any limitation under any law or regulation of any State, or under any foreign law, governing the export or transshipment of plants; or
    • (C) any prohibited wildlife species (subject to subsection (e) of this section);
  • (3) within the special maritime and territorial jurisdiction of the United States (as defined in section 7 of Title 18)--
    • (A) to possess any fish or wildlife taken, possessed, transported, or sold in violation of any law or regulation of any State or in violation of any foreign law or Indian tribal law, or
    • (B) to possess any plant--
      • (i) taken, possessed, transported, or sold in violation of any law or regulation of any State, or any foreign law, that protects plants or that regulates--
        • (I) the theft of plants;
        • (II) the taking of plants from a park, forest reserve, or other officially protected area;
        • (III) the taking of plants from an officially designated area; or
        • (IV) the taking of plants without, or contrary to, required authorization;
      • (ii) taken, possessed, transported, or sold without the payment of appropriate royalties, taxes, or stumpage fees required for the plant by any law or regulation of any State or any foreign law; or
      • (iii) taken, possessed, transported, or sold in violation of any limitation under any law or regulation of any State, or under any foreign law, governing the export or transshipment of plants; or
    • (4) to attempt to commit any act described in paragraphs (1) through (3).

(b) Marking offenses

• It is unlawful for any person to import, export, or transport in interstate commerce any container or package containing any fish or wildlife unless the container or package has previously been plainly marked, labeled, or tagged in accordance with the regulations issued pursuant to paragraph (2) of section 3376(a) of this title.

(c) Sale and purchase of guiding and outfitting services and invalid licenses and permits

• (1) Sale
• It is deemed to be a sale of fish or wildlife in violation of this chapter for a person for money or other consideration to offer or provide--
  • (A) guiding, outfitting, or other services; or
  • (B) a hunting or fishing license or permit;
• for the illegal taking, acquiring, receiving, transporting, or possessing of fish or wildlife.

• (2) Purchase
• It is deemed to be a purchase of fish or wildlife in violation of this chapter for a person to obtain for money or other consideration--
  • (A) guiding, outfitting, or other services; or
  • (B) a hunting or fishing license or permit;
• for the illegal taking, acquiring, receiving, transporting, or possessing of fish or wildlife.

(d) False labeling offenses

• It is unlawful for any person to make or submit any false record, account, or label for, or any false identification of, any fish, wildlife, or plant which has been, or is intended to be--
• (1) imported, exported, transported, sold, purchased, or received from any foreign country; or
• (2) transported in interstate or foreign commerce.

(e) Nonapplicability of prohibited wildlife species offense

• (1) In general
• Subsection (a)(2)(C) of this section does not apply to importation, exportation, transportation, sale, receipt, acquisition, or purchase of an animal of a prohibited wildlife species, by a person that, under regulations prescribed under paragraph (3), is described in paragraph (2) with respect to that species.
• (2) Persons described
• A person is described in this paragraph, if the person--
  • (A) is licensed or registered, and inspected, by the Animal and Plant Health Inspection Service or any other Federal agency with respect to that species;
  • (B) is a State college, university, or agency, State-licensed wildlife rehabilitator, or State-licensed veterinarian;
  • (C) is an accredited wildlife sanctuary that cares for prohibited wildlife species and--
    • (i) is a corporation that is exempt from taxation under section 501(a) of Title 26 and described in sections 501(c)(3) and 170(b)(1)(A)(vi) of Title 26;
    • (ii) does not commercially trade in animals listed in section 3371(g) of this title, including offspring, parts, and byproducts of such animals;
    • (iii) does not propagate animals listed in section 3371(g) of this title; and
    • (iv) does not allow direct contact between the public and animals; or
  • (D) has custody of the animal solely for the purpose of expeditiously transporting the animal to a person described in this paragraph with respect to the species.
• (3) Regulations
• Not later than 180 days after December 19, 2003, the Secretary, in cooperation with the Director of the Animal and Plant Health Inspection Service, shall promulgate regulations describing the persons described in paragraph (2).
• (4) State authority
• Nothing in this subsection preempts or supersedes the authority of a State to regulate wildlife species within that State.
• (5) Authorization of appropriations
• There is authorized to be appropriated to carry out subsection (a)(2)(C) of this section $3,000,000 for each of fiscal years 2004 through 2008.

(f) Plant declarations

• (1) Import declaration
• Effective 180 days from the date of enactment of this subsection, and except as provided in paragraph (3), it shall be unlawful for any person to import any plant unless the person files upon importation a declaration that contains--
  • (A) the scientific name of any plant (including the genus and species of the plant) contained in the importation;
  • (B) a description of--
    • (i) the value of the importation; and
    • (ii) the quantity, including the unit of measure, of the plant; and
  • (C) the name of the country from which the plant was taken.
• (2) Declaration relating to plant products
• Until the date on which the Secretary promulgates a regulation under paragraph (6), a declaration relating to a plant product shall--
  • (A) in the case in which the species of plant used to produce the plant product that is the subject of the importation varies, and the species used to produce the plant product is unknown, contain the name of each species of plant that may have been used to produce the plant product;
  • (B) in the case in which the species of plant used to produce the plant product that is the subject of the importation is commonly taken from more than one country, and the country from which the plant was taken and used to produce the plant product is unknown, contain the name of each country from which the plant may have been taken; and
  • (C) in the case in which a paper or paperboard plant product includes recycled plant product, contain the average percent recycled content without regard for the species or country of origin of the recycled plant product, in addition to the information for the non-recycled plant content otherwise required by this subsection.
• (3) Exclusions
• Paragraphs (1) and (2) shall not apply to plants used exclusively as packaging material to support, protect, or carry another item, unless the packaging material itself is the item being imported.
• (4) Review
• Not later than two years after the date of enactment of this subsection, the Secretary shall review the implementation of each requirement imposed by paragraphs (1) and (2) and the effect of the exclusion provided by paragraph (3). In conducting the review, the Secretary shall provide public notice and an opportunity for comment.
• (5) Report
• Not later than 180 days after the date on which the Secretary completes the review under paragraph (4), the Secretary shall submit to the appropriate committees of Congress a report containing--
• (A) an evaluation of--
  • (i) the effectiveness of each type of information required under paragraphs (1) and (2) in assisting enforcement of this section; and
  • (ii) the potential to harmonize each requirement imposed by paragraphs (1) and (2) with other applicable import regulations in existence as of the date of the report;
• (B) recommendations for such legislation as the Secretary determines to be appropriate to assist in the identification of plants that are imported into the United States in violation of this section; and
• (C) an analysis of the effect of subsection (a) and this subsection on--
  • (i) the cost of legal plant imports; and
  • (ii) the extent and methodology of illegal logging practices and trafficking.
• (6) Promulgation of regulations
• Not later than 180 days after the date on which the Secretary completes the review under paragraph (4), the Secretary may promulgate regulations--
  • (A) to limit the applicability of any requirement imposed by paragraph (2) to specific plant products;
  • (B) to make any other necessary modification to any requirement imposed by paragraph (2), as determined by the Secretary based on the review; and
  • (C) to limit the scope of the exclusion provided by paragraph (3), if the limitations in scope are warranted as a result of the review.