32-1012.   Application of prohibitions regarding nongame or endangered species. (a) Nothing in the nongame and endangered species conservation act shall be construed to:

      (1)   Apply retroactively to any occurrence prior to July 1, 1975;

      (2)   prohibit importation into the state of wildlife which may be lawfully imported into the United States or lawfully taken and removed from another state; or

      (3)   prohibit entry into the state or possession, transportation, exportation, processing, sale or offer for sale or shipment of any species of wildlife which is deemed to be threatened or endangered in this state but not in the state where originally taken, if the person engaging therein demonstrates by circumstantial evidence that such species of wildlife was lawfully taken and lawfully removed from such state.

      (b)   The provisions of this section shall not be construed to permit the possession, transportation, exportation, processing, sale or offer for sale or shipment within this state of any species of wildlife determined to be a threatened species or endangered species pursuant to Pub. L. No. 93-205 (December 28, 1973), the endangered species act of 1973, and acts amendatory thereof except as permitted in K.S.A. 32-961.

      History:   L. 1975, ch. 221, § 10; L. 1989, ch. 118, § 123; July 1.