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Kentucky

Baldwin's Kentucky Revised Statutes Annotated. Title XII. Conservation and State Development. Chapter 150. Fish and Wildlife Resources.

Statute Details
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Citation: KY ST § 150.010, 150.090, 150.120, 150.180, 150.183, 150.280 and 150.990

Citation: KRS § 150.010, 150.090, 150.120, 150.180, 150.183, 150.280 and 150.990


Last Checked by Web Center Staff: 06/2011

Summary:   These provisions in Kentucky's Fish and Wildlife Resources chapter concern possession and commerce in protected species. Section 183 prohibits the importing, possessing, or transporting of endangered species.


Statute in Full:

150.010 Definitions for chapter

150.090 Conservation officers, peace officers, and other persons appointed by the commissioner to enforce chapter; authority of such officers and persons

150.120 Seizure and sale of contraband

150.180 Buying, selling, or transporting protected wildlife, mussels and fishes, raw fur, or processed wildlife

150.183 Importing, transporting or possessing endangered species of wildlife

150.280 Propagation and holding of protected wildlife; permits; revocation for violation of state or federal law

150.990 Penalties

 

 

150.010 Definitions for chapter

As used in this chapter, unless the context otherwise requires:

(1) “Angling” means the taking or attempting to take fish by hook and line in hand, rod in hand, jugging, setline, or sport fishing trotline;

(2) “Buy” includes offering to buy, acquiring, or possessing through purchase, barter, exchange, or trade;

(3) “Commercial trotline” means a line to which are attached more than fifty (50) single or multibarbed baited hooks, which shall not be placed closer than eighteen (18) inches;

(4) “Commission” means the Department of Fish and Wildlife Resources Commission;

(5) “Commissioner” means the commissioner of the Department of Fish and Wildlife Resources;

(6) “Daylight hours” means the period from one-half (1/2) hour before sunrise to one-half (1/2) hour after sunset;

(7) “Device” means any article, instrument, or equipment of whatever nature or kind which may be used to take wild animals, wild birds, or fishes;

(8) “Department” means the Department of Fish and Wildlife Resources;

(9) “Fishing” means to take or attempt to take in any manner, whether the fisherman has fish in possession or not;

(10) “Gigging” means the taking of fish by spearing or impaling on any pronged or barbed instrument attached to the end of any rigid object;

(11) “Grabbing” means the taking of fish, frogs, or turtles directly by hand or with the aid of a handled hook;

(12) “Hunting” means to take or attempt to take in any manner, whether the hunter has game in possession or not;

(13) “Identification tag” means a marker made of specified material upon which a name and address or number is placed and attached to unattended gear to designate ownership or responsible operator;

(14) “Impounded waters” means any public waters backed up behind a dam and includes all water upstream from the dam to the first riffle or shoal;

(15) “Jugging” means a means of fishing by which a single baited line is attached to any floating object;

(16) “License” means any document issued by the department authorizing its holder to perform acts authorized by the license and includes any other form of authorization in addition to or in lieu of an actual document which may be authorized by the department by administrative regulation;

(17) “Migratory shore or upland game birds” means all species of migratory game birds except waterfowl;

(18) “Minnows” means all fish under six (6) inches in length, except basses, either largemouth, smallmouth or Kentucky; rock bass or goggle-eye; trout; crappie; walleye; sauger; pike; members of the striped bass family; and muskellunge;

(19) “Navigable waters” means any waters within this state under lock and dam;

(20) “Nonresident” means a person who has not established a permanent domicile in this state and has not resided in this state for thirty (30) days immediately prior to his application for a license;

(21) “Permit” means any document issued by the department authorizing its holder to perform acts authorized by the permit and includes tags which shall be affixed to wildlife or devices as evidence of holding a permit and includes any other form of authorization in addition to or in lieu of an actual document authorized by the department by administrative regulation;

(22) “Possess” means the act of having or taking into control;

(23) “Prescribed by the department” means established by an administrative regulation;

(24) “Processed wildlife” means any wildlife specimen or parts thereof that have been rendered into a permanently preserved state;

(25) “Protected wildlife” means all wildlife except those species declared unprotected by administrative regulations promulgated by the department;

(26) “Public roadway” includes rural roads, highways, bridges, bridge approaches, city streets, viaducts, and bridges which are normally traveled by the general public and are under the jurisdiction of a state, federal, county, or municipal agency;

(27) “Public waters” means all waters within the state flowing in a natural stream channel or impounded on a natural stream;

(28) “Raw fur” means a hide, fur, or pelt of a fur-bearing animal which has not been processed. Skinning, stretching, oiling, or coloring of the pelt of the animal shall not be considered processing;

(29) “Administrative regulation” means a written regulation promulgated, pursuant to KRS Chapter 13A, by the commissioner with the approval of the commission;

(30) “Resident” means any person who has established permanent domicile and legal residence and has resided in this state for thirty (30) days immediately prior to his application for a license. All other persons shall be classed as nonresidents, except students enrolled for at least six (6) months in an educational institution as full-time students and military personnel of the United States who are under permanent assignment, shall be classified as residents while so enrolled or assigned in this state;

(31) “Resist” means to point a gun at, leave the scene, intimidate or attempt to intimidate in any manner, or further interfere in any manner with any officer in the discharge of his duties;

(32) “Rough fish” means all species of fishes other than those species designated by administrative regulation as sport fishes;

(33) “Sell” includes offering to sell, having or possessing for sale, barter, exchange, or trade;

(34) “Setline” means a line to which is attached one (1) single or multibarbed hook. This line may be attached to a tree limb, tree trunk, bank pole, or other stationary object, on the bank of a stream or impoundment;

(35) “Snagging” means the taking of fish or other aquatic animals through the use of a hand-held pole and attached line with single or multiple fish hooks in which the fish is hooked by a rapid drawing motion rather than enticement by bait;

(36) “Sports fishing trotline” means a line to which are attached no more than fifty (50) single or multibarbed baited hooks which shall not be placed closer together than eighteen (18) inches;

(37) “Take” includes pursue, shoot, hunt, wound, catch, kill, trap, snare, or capture wildlife in any way and any lesser act designed to lure, attract, or entice for these purposes; and to place, set, aim, or use any device, animal, substance, or agency which may reasonably be expected to accomplish these acts; or to attempt to do these acts or to assist any other person in the doing of or the attempt to do these acts;

(38) “Tenant” means any resident sharecropper, lessee, or any other person actually engaged in work upon a farm or lands and residing in a dwelling on the farms or lands including noncontiguous lands, but shall not include any other employee or tenant unless actually residing on the property and engaged or employed as above mentioned;

(39) “Transport” means to carry, move, or ship wildlife from one place to another;

(40) “Waterfowl” means all species of wild ducks, geese, swans, mergansers, and coots; and

(41) “Wildlife” means any normally undomesticated animal, alive or dead, including without limitations any wild mammal, bird, fish, reptile, amphibian, or other terrestrial or aquatic life, whether or not possessed in controlled environment, bred, hatched, or born in captivity and including any part, product, egg, or offspring thereof, protected or unprotected by this chapter.

CREDIT(S)

HISTORY: 1998 c 512, § 1, eff. 7-15-98; 1996 c 268, § 1, eff. 7-15-96; 1994 c 239, § 3, eff. 7-15-94; 1990 c 474, § 1, eff. 7-13-90; 1988 c 365, § 1; 1986 c 265, § 1; 1978 c 178, § 1; 1972 c 273, § 1; 1968 c 38, § 1; 1956 c 115, § 1; 1952 c 200, § 1; 1948 c 78, § 2; 1946 c 84, § 1; 1944 c 6, § 2, c 124, § 1; 1942 c 68, § 1, c 208, § 1; KS 1893d-10, 1954d-2

 

150.090 Conservation officers, peace officers, and other persons appointed by the commissioner to enforce chapter; authority of such officers and persons

(1) Conservation officers appointed by the commissioner shall have full powers as peace officers for the enforcement of all of the laws of the Commonwealth, except that they shall not enforce laws other than this chapter and the administrative regulations issued thereunder or to serve process unless so directed by the commissioner in life threatening situations or when assistance is requested by another law enforcement agency.

(2) The commissioner may appoint other persons to enforce only the provisions of this chapter and the administrative regulations issued thereunder. Such persons shall have the power to make arrests or issue citations only for violations of this chapter and the administrative regulations issued thereunder.

(3) All other peace officers and their deputies shall enforce the provisions of this chapter and the administrative regulations issued thereunder.

(4) All persons charged with the enforcement of this chapter and the administrative regulations issued thereunder shall have the right to go upon the land of any person or persons whether private or public for the purpose of conducting research or investigation of game or fish or their habitat conditions or engage in restocking game or fish or in any type of work involved in or incident to game and fish restoration projects or their enforcement or in the enforcement of laws or orders of the department relating to game or fish, while in the normal, lawful and peaceful pursuit of such investigation or work or enforcement, may enter upon, cross over, be upon, and remain upon privately owned lands for such purposes, and shall not be subject to arrest for trespass while so engaged or for such cause thereafter. They may arrest on sight, without warrant, any person detected by them in the act of violating any of the provisions of this chapter. They shall have the same rights as sheriffs to require aid in arresting with or without process any person found by them violating any of the provisions of this chapter and may seize without process anything declared by this chapter to be contraband. No liability shall be incurred by any person charged or directed in the enforcement of this chapter.

(5) Conservation officers and other officers charged with the enforcement of this chapter, shall have the authority to call for and inspect the license or tag, bag or creel of any person engaged in any activity for the performance of which a license is required under this chapter, and shall also have the authority to take proper identification of any person, or hunter, or fisherman who is actually engaged in any of these activities, and to call for and inspect any and all firearms and any other device that may be used in taking wildlife and is in the possession of any person so engaged.

(6) No person shall resist, obstruct, interfere with or threaten or attempt to intimidate or in any other manner interfere with any officer in the discharge of his duties under the provisions of this chapter. This subsection shall not apply to a criminal homicide or an assault upon such officer. An assault upon such officer shall be deemed an offense under KRS Chapter 507 or 508, as appropriate.

CREDIT(S)

HISTORY: 1986 c 424, § 1, eff. 7-15-86; 1968 c 38, § 3; 1956 c 115, § 7; 1952 c 200, § 14; 1942 c 68, § 9, c 208, § 1; KS 1954d-9

 

150.120 Seizure and sale of contraband

(1) The commissioner, all conservation officers, persons appointed by the commissioner, and all peace officers and their deputies shall seize and take possession of any and all furs, wildlife, guns, dogs, instruments, boats or devices which have been taken, used, transported or possessed contrary to any law or regulation adopted under this chapter. Upon complaint showing probable cause for believing that any of the wildlife protected by any law or regulation are illegally kept in any building, car or receptacle, any court having jurisdiction may issue a search warrant and cause the same to be searched. Any wildlife, furs, guns, dogs, instruments, or devices seized in accordance with this section shall be impounded by the arresting officer and shall be taken before the court trying the person arrested.

(2) Upon conviction, the court trying the case shall have the discretion of determining whether or not any of the things seized under the provisions of subsection (1) of this section shall be declared contraband. Any wildlife, fur or dog taken, and any device used or possessed contrary to the provisions of this chapter, or any regulations adopted hereunder, is subject to being declared contraband. When any such item is declared contraband, the court shall enter an order accordingly. A copy of the order shall be forwarded to the commissioner and the contraband shall be placed in the custody of the arresting officer, to be delivered to the commissioner.

(3) The commissioner may sell to the residents of this state, at the highest market price obtainable, with the approval of the Governor and the Finance and Administration Cabinet all contraband which comes to his possession under the order of any court, or which has been seized under this chapter and declared to be contraband under any law relating to fish or wildlife. All proceeds arising from the sale of contraband articles shall be paid into the game and fish fund. A record of the sale, including the name of the purchaser and the price paid, shall be kept by the commissioner.

(4) Any device or contrivance, the use of which is not expressly recognized and sanctioned by the provisions of this chapter for the taking of wildlife, is hereby declared to be an illegal device. No person shall have in his possession any illegal device or other thing prohibited by law or by any regulation adopted under this chapter for the taking of wildlife.

CREDIT(S)

HISTORY: 1986 c 265, § 4, eff. 7-15-86; 1956 c 115, § 9; 1952 c 200, § 19; 1948 c 78, § 5; 1942 c 68, § 12, c 208, § 1; KS 1954d-21, 1954d-27


150.180 Buying, selling, or transporting protected wildlife, mussels and fishes, raw fur, or processed wildlife

(1) Except as otherwise provided for in this chapter, and subject to regulations adopted under this chapter, no person, for himself or as the agent or employee of another shall buy, or sell, or attempt to buy, or sell, barter, exchange, or trade, or have in possession for the purpose of selling, bartering, or trading any protected wildlife or part thereof, raw fur or processed wildlife, no matter where or when caught or killed, whether caught or killed in this state or in any other state or other country.

(2) Mussels and fishes, other than sport fishes as designated by departmental regulations, and all fishes, regardless of species, raised by licensed propagation permittees may be bought, sold, and transported, if in legal possession.

(3) Raw furs, if in legal possession, may be sold, transported, or shipped, by a licensed trapper or licensed hunter to a licensed fur buyer (resident or nonresident), and by a licensed fur buyer to a licensed fur processor or to another fur buyer if in legal possession. A fur processor may hold raw furs or sell to another licensed fur processor at any time.

(4) Subject to regulations adopted under this chapter, a person who has been issued a license under this chapter and who has the license on his person may transport anywhere as a part of his personal baggage any protected wildlife legally taken by him under such license, not in excess of the number that the law or regulation permits him to have in possession at any one (1) time.

(5) A person who has legally taken any protected wildlife in another state and who has in his possession the license which authorizes such taking may, if the same be dead, transport the same in this state, as part of his personal baggage at any time during the open season for the particular species in the state in which taken or within ten (10) days after the close of such season. Any person may ship dead game or dead fish so taken subject to the provisions of the laws of the state in which the same was taken and the laws and regulations of the United States relating thereto.

(6) No person shall import or transport into the State of Kentucky or receive shipment in the state from without the state, any live fish or wildlife without first procuring from the department a written fish transportation permit or wildlife transportation permit. If it is determined upon inspection that such fish or wildlife would not constitute a menace to the state and are free from disease and other undesirable physical characteristics, the commissioner shall issue a permit for a fee to be determined by the Fish and Wildlife Commission by administrative regulation, pursuant to KRS Chapter 13A. A fish transportation permit shall be valid for one (1) year from the date of issuance, and a wildlife transportation permit shall be valid for specific dates as indicated on the permit.

(7) No person may at any time stock any species of fish secured from any source into the public waters of the Commonwealth without first securing a permit from the commissioner.

(8) This section shall not in any way interfere with the transportation of any fish or wildlife by authorized personnel of the department.

(9) Federal and state regulations shall govern the transportation of all migratory wild birds.

CREDIT(S)

HISTORY: 2006 c 127, § 4, eff. 7-12-06; 1992 c 353, § 3, eff. 7-14-92; 1988 c 365, § 4; 1978 c 178, § 5; 1968 c 38, § 9; 1956 c 115, § 12; 1952 c 200, § 27; 1948 c 77, § 4, c 78, § 9; 1946 c 84, § 5; 1944 c 124, § 3; 1942 c 68, § 18, c 208, § 1; KS 1893d-11, 1954d-14

 

150.183 Importing, transporting or possessing endangered species of wildlife

(1) No person shall import, transport, possess for resale or sell any endangered species of wildlife, the hides, skins, or other parts thereof, or any article made in whole or in part from the skin, hide, or other parts of any species of wildlife designated as an endangered species by regulation promulgated by the Department of Fish and Wildlife Resources except as provided in subsection (3) of this section. As used in this section, the term “endangered species” means any species of wildlife seriously threatened with worldwide extinction or in danger of being extirpated from the Commonwealth of Kentucky.

(2) The regulation or regulations promulgated pursuant to subsection (1) of this section shall include, but not be limited to, all species of wildlife designated as endangered species by the United States Secretary of the Interior on January 1, 1973.

(3) The Department of Fish and Wildlife Resources may permit, under such terms and conditions as it may prescribe, the importation, transportation, possession, or sale of any species of wildlife otherwise prohibited pursuant to this section for zoological, educational, or scientific purposes, and for the propagation of such wildlife in captivity for preservation purposes except as otherwise prohibited by law.

CREDIT(S)

HISTORY: 1986 c 265, § 8, eff. 7-15-86; 1978 c 384, § 35; 1972 c 40, § 1(1) to (3)

 

150.280 Propagation and holding of protected wildlife; permits; revocation for violation of state or federal law

(1) Except as provided by administrative regulation, a person shall not propagate or hold protected wildlife without obtaining a permit to do so from the department. The department shall promulgate administrative regulations governing all such activity and prescribing permit fees. Any permit issued pursuant to this section may be revoked for a violation by the holder thereof of any of the provisions of this chapter, any administrative regulation of the department, or hunting, fishing, or wildlife laws of the federal government.

(2) The department shall by administrative regulation identify species of wildlife potentially damaging to native ecosystems and shall prohibit the transporting or holding of these wildlife.

CREDIT(S)

HISTORY: 2006 c 94, § 2, eff. 7-12-06; 1998 c 512, § 2, eff. 7-15-98; 1992 c 353, § 5, eff. 7-14-92; 1978 c 178, § 10; 1968 c 38, § 13; 1952 c 200, § 39; 1948 c 78, § 14; 1942 c 68, § 28, c 208, § 1; KS 1954d-31

 

150.990 Penalties

(1) Each bird, fish, or animal taken, possessed, bought, sold, or transported and each device used or possessed contrary to the provisions of this chapter or any administrative regulation promulgated by the commission thereunder shall constitute a separate offense. The penalties prescribed in this section shall be for each offense.

(2) (a) Any person who fails to appear pursuant to a citation or summons issued by a conservation officer or peace officer of this Commonwealth for violation of this chapter or any administrative regulation promulgated thereunder shall forfeit his or her license or, if that person is license-exempt, shall forfeit the privilege to perform the acts authorized by the license. The individual shall not be permitted to purchase another license or exercise the privileges granted by a license until the citation or summons is resolved. The court shall notify the department whenever a person has failed to appear pursuant to a citation or summons for a violation of this chapter or any administrative regulation promulgated thereunder.

(b) Any person who violates any of the provisions of this chapter or any administrative regulations promulgated by the commission thereunder may, in addition to the penalties provided in subsections (3), (4), (5), (6), (7), and (8) of this section, forfeit his license or, if that person is license-exempt, may forfeit the privilege to perform the acts authorized by the license and shall not be permitted to purchase another license or exercise the privileges granted by a license during the same license year. No fines, penalty, or judgment assessed or rendered under this chapter shall be suspended, reduced, or remitted otherwise than expressly provided by law. Any person who violates any administrative regulation which has been or may be promulgated by the commission under any provisions of this chapter shall be subject to the same penalty as is provided for the violation of any provisions of this chapter under which the administrative regulation is promulgated.

(3) Any person who violates any of the provisions of KRS 150.120, 150.170, 150.280, 150.320, 150.355, 150.362, 150.400, 150.410, 150.415, 150.416, 150.445, 150.450, 150.470, 150.603, 150.235(1), 150.330(2), or 150.470, or any of the provisions of this chapter or any administrative regulation promulgated by the commission for which no definite fine or imprisonment is fixed shall be fined not less than fifty dollars ($50) nor more than five hundred dollars ($500).

(4) Any person who violates any of the provisions of KRS 150.290, 150.300, 150.340, 150.360, 150.362(1), 150.485, 150.600, 150.630, 150.660, the provisions of KRS 150.195(5) to (8), or KRS 150.660(3) shall be fined not less than fifty dollars ($50) nor more than five hundred dollars ($500) or be imprisoned for not more than six (6) months, or both. Also, any person violating the provisions of KRS 150.300 shall be assessed treble damages as provided in KRS 150.690 or 150.700. Damages assessed under this subsection shall be ordered to be paid directly to the department. The court shall not direct that the damages be paid through the circuit clerk.

(5) Any person who violates any of the provisions of KRS 150.411, 150.412, or 150.417 shall be fined not less than one hundred dollars ($100) nor more than five hundred dollars ($500).

(6) Any person who violates any of the provisions of KRS 150.183, 150.305, 150.365, 150.370, 150.330(1), 150.235(2), (3), or (4), or 150.363 shall be fined not less than one hundred dollars ($100) nor more than five hundred dollars ($500) or imprisoned for not more than six (6) months, or both.

(7) Any person who violates any of the provisions of KRS 150.460 shall be fined not less than one hundred dollars ($100) nor more than five hundred dollars ($500) or imprisoned for not more than six (6) months, or both, and in addition to these penalties shall be liable to the department in an amount not to exceed the replacement value of the fish and wildlife which has been killed or destroyed. Costs assessed for the restoration of wildlife under this subsection shall be ordered to be paid directly to the department. The court shall not direct that the costs be paid through the circuit clerk.

(8) Any person who violates the provisions of KRS 150.180, 150.520, 150. 525, or administrative regulations issued thereunder shall for the first offense be fined not less than one hundred dollars ($100) nor more than one thousand dollars ($1,000); and shall for a second offense be fined not less than five hundred dollars ($500) nor more than one thousand five hundred dollars ($1,500); and for any subsequent offense, be fined two thousand dollars ($2,000).

(9) Any person who violates the provisions of KRS 150.520 or administrative regulations issued thereunder shall, if the violation relates to methods of taking mussels, for a first offense be imprisoned in the county jail for no more than thirty (30) days; for a second offense be imprisoned in the county jail for no more than six (6) months; and for any subsequent offense be imprisoned in the county jail for no more than one (1) year. The penalties for violation of this subsection shall be in addition to the penalties for violation of subsection (8).

(10) Any person who violates any of the provisions of KRS 150.4111, 150.640, or KRS 150.450(2) or (3) shall be fined not less than one hundred dollars ($100) nor more than one thousand dollars ($1,000).

(11) Any person who violates any of the provisions of KRS 150.390 or KRS 150.092(4) shall be fined not less than one hundred dollars ($100) nor more than one thousand dollars ($1,000) or imprisoned for not less than thirty (30) days nor more than one (1) year, or both. In addition to the penalties prescribed above, he or she shall forfeit his license or, if license-exempt, the privilege to perform the acts authorized by the license for a period of one (1) to three (3) years and shall be liable to the department in an amount reasonably necessary to replace any deer, wild turkey, or bear taken in violation of KRS 150.390 and for violations of KRS 150.092(4) shall be liable to the landowner or occupant for reasonable compensation for damages. Wildlife replacement costs assessed under this subsection shall be ordered to be paid directly to the department. The court shall not direct that the damages be paid through the circuit clerk. Damages assessed under this subsection shall be ordered to be paid directly to the landowner or occupant. The court shall not direct that the damages be paid through the circuit clerk. Any person who possesses, takes, or molests a wild elk in violation of KRS 150.390 or administrative regulations promulgated under authority of that section shall be fined not less than one thousand dollars ($1,000) nor more than five thousand dollars ($5,000) or imprisoned for up to six (6) months, or both. In addition to these penalties, the person shall pay to the department an amount not to exceed the greater of the replacement cost of the wild elk or double any monetary gain realized from the illegal activity and shall forfeit his or her license or, if license-exempt, the privilege to perform the acts authorized by the license for a period of one (1) to three (3) years.

(12) Any person who violates any of the provisions of KRS 150.090 other than a criminal homicide or an assault against an officer enforcing the provisions of this chapter, KRS Chapter 235, or the administrative regulations issued thereunder shall be guilty of a Class A misdemeanor.

(13) Any person who commits a criminal homicide or an assault against an officer enforcing the provisions of this chapter, KRS Chapter 235, or the administrative regulations issued thereunder shall be subject to the penalties specified for the offense under KRS Chapter 507 or 508, as appropriate.

(14) A person shall be guilty of a Class B misdemeanor upon the first conviction for a violation of KRS 150.710. A subsequent conviction shall be a Class A misdemeanor.

(15) Any person who violates the provisions of KRS 150.092 or the administrative regulations promulgated thereunder for which no other penalty is specified elsewhere in this section shall for the first offense be fined not less than one hundred dollars ($100) nor more than three hundred dollars ($300); for the second offense, be fined not less than three hundred dollars ($300) nor more than one thousand dollars ($1,000); and for subsequent offenses, shall forfeit the license or, if license-exempt, the privilege to perform the acts authorized by the license, for one (1) year and shall be fined not less than one thousand dollars ($1,000) or be imprisoned in the county jail for up to one (1) year, or both. In addition to the penalties prescribed in this subsection, the violator shall be liable to the landowner or tenant for the replacement cost of any property which was damaged or destroyed by his actions. Damages assessed under this subsection shall be ordered to be paid directly to the landowner or the tenant. The court shall not direct that the damages be paid through the circuit clerk.

(16) (a) Any person who knowingly violates KRS 150.361 shall for a first offense be fined not less than one hundred dollars ($100) nor more than one thousand dollars ($1,000) or be imprisoned in the county jail for not more than six (6) months, or both.

(b) Any person who knowingly violates KRS 150.361 shall for a second or subsequent offense be fined not less than five hundred dollars ($500) nor more than one thousand five hundred dollars ($1,500) or be imprisoned in the county jail for not more than six (6) months, or both.

(c) In addition to the penalties specified in paragraphs (a), (b), and (d) of this subsection, a person knowingly violating KRS 150.361 shall forfeit his or her hunting license or, if license-exempt, the privilege to perform the acts authorized by the license for a period of not less than one (1) nor more than three (3) years.

(d) In addition to the penalties specified in paragraphs (a), (b), and (c) of this subsection any person knowingly violating KRS 150.361 shall be liable to the department in an amount not to exceed the greater of the replacement value of any wildlife killed or wounded in violation of KRS 150.361 or double the amount of the monetary gain from knowingly violating KRS 150.361.

(e) Wildlife replacement costs or other costs specified in paragraph (d) of this subsection shall be ordered paid directly to the department. The court shall not direct that the replacement costs be paid through the circuit clerk.

CREDIT(S)

HISTORY: 2010 c 158, § 11, eff. 7-15-10; 2006 c 94, § 3, c 209, § 2, eff. 7-12-06; 2002 c 183, § 13, eff. 8-1-02; 2000 c 512, § 2, eff. 7-14-00; 1998 c 24, § 2, eff. 3-4-98; 1998 c 275, § 5, c 606, § 169, eff. 7-15-98; 1996 c 250, § 2, eff. 7-15-96; 1994 c 413, § 5, c 239, § 10, eff. 7-15-94; 1992 c 353, § 10, eff. 7-14-92; 1990 c 474, § 11; 1988 c 81, § 1(5); 1986 c 424, § 2, c 265, § 26; 1984 c 194, § 2; 1980 c 49, § 8; 1978 c 181, § 2, c 178, § 18, c 384, § 291; 1972 c 40, § 1(4); 1970 c 92, § 28; 1968 c 38, § 28; 1956 c 115, § 23, c 93, § 4; 1952 c 200, § 72; 1948 c 50, § 1(2), c 77, § 8, c 78, § 24, 25, 26; 1946 c 84, § 31; 1944 c 124, § 17; 1942 c 68, § 55, c 208, § 1; KS 1253, 1392a-3, 1954d-13, 1954d-14, 1954d-16, 1954d-29, 1954d-33, 1954d-34, 1954d-38, 1954d-39, 1954d-41, 1954d-49, 1954d-51, 1954d-52, 1954d-52c, 1954d-53 to 1954d-57, 1954d-59 to 1954d-62, 1954d-62d, 1954d-68, 1954d-69, 1954d-71

 



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