CHAPTER 11. PUBLIC OFFENSESCHAPTER 11. PUBLIC OFFENSES\Article 3. Aquatic Plants and Invasive Animals

The purpose of this article is to prevent the spread of aquatic invasive species in the City of Lake Quivira and surrounding water bodies in order to protect property values and the property tax base and ensure quality recreational opportunities.

(Ord. 284; Code 2022)

The words and phrases listed below when used in this article shall have the following meanings:

(a)   Aquatic Plant means a non-woody submergent, emergent, free-floating, or floating-leaf plant that normally grows in or near water and includes any part thereof. “Aquatic plant” does not mean wild rice when being harvested with a permit.

(b)   Invasive Animals means all vertebrate and invertebrate species as identified by the Kansas Department of Wildlife, including but not limited to Zebra Mussels, Asian Carp, New Zealand mudsnail, White Perch, Round Goby, Ruffe, Rudd, Rusty Crayfish, Purple Loosestrife, Curly-Leaf Pondweed, Eurasian Watermilfoil, Hydrilla, Saltcedar, Quagga Mussel, spiny water flea, or any other aquatic invasive animal prohibited by the state of Kansas.

(c)   Baitfish shall have that meaning and definition as set forth in K.A.R. 115-1-1(a)(4).

(Ord. 284; Code 2022)

(a)   No person may operate a vehicle or transport any boat, boat trailer, personal watercraft and its associated trailer, canoe, kayak, or boating equipment, fishing equipment, hunting and/or trapping equipment including but not limited to personal flotation devices, nets, anchors, fishing lines, decoys, and waders, from navigable waters onto any roadway if aquatic plants or invasive animals are attached.

(b)   The livewells and bilges shall be drained and the drain plugs removed from all vessels being removed from the waters of the City before transport on any highway of the City, and prior to the mandatory two week quarantine required of all vessels prior to entering any navigable waters within this City. K.A.R. 115-30-13.

(c)   All Aquatic Plants or Invasive Animals shall be removed before entering any roadway, or before launching a boat or equipment or trailer in navigable water.

(d)   No person shall import or transport into this City live Baitfish that does not meet the requirements of K.A.R. 115-17-2 and K.A.R. 115-17-2a, and K.A.R. 115-17-3.

(e)   No person shall import or transport into this City live Baitfish other than acquired from Minnesota Bait & Fly or Cabelas, transported only in the container/plastic bag furnished by the vendor from who the Baitfish were purchased, and only when accompanied with the purchase receipt which verifies the selling vendor and Baitfish being transported.  No person shall import or transport into this City live Baitfish within a bait bucket container.

(f)    No person may possess any live fish originating from any designated aquatic nuisance body of water. Designated aquatic nuisance waters shall be those specified in the Kansas Department of Wildlife’s “Kansas designated aquatic nuisance waters tables,” dated October 2, 2012, which is hereby adopted by reference. K.A.R. 115-7-10.

(g)   The importation, possession, or release in the City of the following live wildlife species shall be prohibited, except as authorized by terms of a wildlife importation permit issued by the Secretary of the Kansas Department of Wildlife:

(1)   Walking catfish (Clarias batrachus);

(2)   silver carp (Hypophthalmichthys molitrix);

(3)   bighead carp (Hypophthalmichthys nobilis);

(4)   black carp (Mylopharyngodon piceus);

(5)   snakehead fish (all members of the family Channidae);

(6)   round goby (Neogobius melanostomus);

(7)   white perch (Morone americana);

(8)   zebra mussel (Dreissena polymorpha);

(9)   quagga mussel (Dreissena bugensis);

(10) New Zealand mudsnail (Potamopyrgus antipodarum);

(11) diploid grass carp (Ctenopharyngodon idella);

(12) monk parakeet (Myiopsitta monachus); and

(13) Asian raccoon dog (Nyctereutes procyonoides).

(K.A.R. 115-18-10; Ord. 284; Code 2022)

Any person who violates a provision of this article shall be subject to a penalty of not less than $1,000 for the first offense and each subsequent offense. Each violation shall be considered a separate Class A Offense.

(Ord. 284; Code 2022)

The quarantine provisions of this article shall not apply to professional biologists acting during the course of performing studies and reports with prior written approval by the Lake Quivira Country Club General Manager. Application for written approval shall include certification of compliance with applicable industry professional best standards for safeguarding and preventing the spread of invasive species

(Ord. 284; Code 2022)