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Kentucky

Baldwin's Kentucky Revised Statutes Annotated. Title XII. Conservation and State Development. Chapter 150. Fish and Wildlife Resources. 150.710 Intentional obstruction of lawful taking of wildlife

Statute Details
Printable Version
Citation: KY ST 150.710; 150.990

Citation: KRS 150.710; 150.990


Last Checked by Web Center Staff: 01/2014

Summary:   This law comprises Kentucky's hunter harassment law. The law states that no person shall intentionally obstruct or disrupt the right of a person to lawfully take wildlife by hunting, trapping, or fishing. It also provides that the state attorney general or any person directly affected by the unlawful conduct may bring an action to restrain such conduct or to recover damages.This section does not apply to incidental interference with the taking of wildlife by hunting, trapping, or fishing caused by lawful activities including, but not limited to, farming, mining, or recreation.


Statute in Full:


 

Title XII. Conservation and State Development. Chapter 150. Fish and Wildlife Resources.

150.710 Intentional obstruction of lawful taking of wildlife

(1) No person shall intentionally obstruct or disrupt the right of a person to lawfully take wildlife by hunting, trapping, or fishing.

(2) The Attorney General or any person directly affected may bring an action to restrain conduct unlawful under this section and may bring an action to recover damages.

(3) The officers of the Department of Fish and Wildlife Resources, or any other peace officer, police officer, state police officer, or sheriff may enforce this section.

(4) This section shall not apply to incidental interference with the taking of wildlife by hunting, trapping, or fishing caused by lawful activities including, but not limited to, farming, mining, or recreation.

CREDIT(S)

HISTORY: 1988 c 81, § 1(1) to (4), eff. 7-15-88

CROSS REFERENCES

Penalty: 150.990

 

Title XII. Conservation and State Development. Chapter 150. Fish and Wildlife Resources. Captive Cervid Permits.

150.990 Penalties [See Section (3) for penalty for 150.710]

(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.

(17) Any person convicted of violating KRS 150.186 shall be guilty of a Class A misdemeanor and shall, whether licensed or license-exempt, forfeit his or her right to hunt, fish, trap, or be licensed as a commercial guide for a period of ten (10) years.

Credits
HISTORY: 2012 c 82, § 2, eff. 7-12-12; 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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