Q.       Which Species are Protected?

A.        The Nongame and Endangered Species Conservation Act is a compilation of twelve statutes  that provides the Department of Wildlife and Parks broad responsibility and authority over wildlife that are determined to be threatened or endangered within the state because of any of the following factors:

(1)        The present or threatened destruction, modification or curtailment of its habitat or range;
(2)        The overuse of such species for commercial, sporting, scientific, educational or other purposes;
(3)        Disease or predation;
(4)        The inadequacy of existing regulatory mechanisms; or
(5)        The presence of other natural or man-made factors affecting its continued existence within the state.

The act not only requires identifying and listing threatened and endangered species; it also requires the department to undertake efforts to conserve listed species and pursue increasing their populations to the point they are no longer threatened or endangered.  The act requires the department to amend existing lists as necessary for those species requiring protection under the act.

To implement these statutory directives, the department developed administrative regulations to (1) identify those wildlife species found to be threatened and endangered ( K.A.R. 115-15-1 ), and (2) establish a mechanism to address protection of habitats for species listed as threatened and endangered ( K.A.R. 115-15-3 ).

Q.      What actions are subject to these regulations?

A.      Any action which is totally or partially funded with public money or requires a permit from a state or federal agency.  Examples of such actions would be state, county, township road improvements, flood control dams, road and bridge construction, sanitary land-fills, and state or federally permitted actions such as dams, stream channel alterations, waste dumps, sewer plants, airports, and power plants.

Q.       When will a subject action require an action permit?

A.        If any of the covered actions mentioned above will impact threatened or endangered species or their critical habitats, a permit will be required from the Kansas Department of Wildlife and Parks before construction begins.  If no threatened or endangered species or their critical habitats are affected, then no permit is required.

Q.       When should I submit an action permit application?

A.        Permit applications should be submitted as early as possible but no less than 90 days prior to start of construction.  It is much easier to avoid problems during plan development than it is to change plans that have been finalized.  Action permit applications are available online.

Q.       If a proposed action is not subject under the requirements listed above, then is it still subject to potential permit requirements?

A.        Regulations do establish the authority for the department to regulate actions that are funded by sources other than public monies only when these actions result in the intentional destruction of a threatened or endangered species.  In this regard, the regulation provides only slightly more protection to threatened or endangered species beyond that already included in the Kansas Nongame and Endangered Species Conservation Act.  However, it does establish a mechanism by which the department can authorize private landowners' activities to be carried out when threatened or endangered species may be affected but not significantly harmed.