§ 70-8-202. Part Definitions
As used in this part, unless the context otherwise requires: “Cultivated ginseng” means ginseng growing in tilled beds under shade of artificial structures or under natural shade where shrubs or other competing vegetation have been removed and the soil has been prepared to enhance the growth of the ginseng; “Export” means to transport, cause to […]
§ 70-8-203. Dates of Harvest Season
The harvest season for wild ginseng shall be from September 1 through December 31, inclusive, of each year.
§ 70-8-204. Prohibited Activities
It is unlawful for any person to dig, harvest, collect or remove wild ginseng from any land for the purpose of sale or export, on any date not within the wild ginseng harvest season established by § 70-8-203. It is unlawful for any person to dig, harvest, collect or remove from any land, for the […]
§ 70-8-205. Penalties
A person violating this part commits a Class A misdemeanor and, upon conviction, shall be punished by a fine not to exceed two hundred fifty dollars ($250), and shall forfeit all ginseng harvested, collected, removed, or sold in violation of this part.
§ 70-8-301. Short Title
This part shall be known and may be cited as “The Rare Plant Protection and Conservation Act of 1985”.
§ 70-8-302. Legislative Findings
The general assembly finds and declares that the human needs and enjoyment, the interests of science, and the economy of the state require that rare plants throughout this state be protected and conserved, and that their numbers be maintained and enhanced; and that propagative techniques be developed for them to ensure their perpetuation as viable […]
§ 70-8-303. Part Definitions
As used in this part, unless the context otherwise requires: “Commissioner” means the commissioner of environment and conservation and the commissioner’s authorized representatives; “Conserve” and “conservation” include the use, and the use of, all methods and procedures for the purpose of increasing the number of individuals of each resident species of plant up to levels […]
§ 70-8-304. Powers of Commissioner
The commissioner has the power and duty to: Conduct investigations on species of rare plants throughout this state in order to develop information relative to the biology, ecology, population status, distribution, habitat needs, and other factors and to determine conservation measures necessary for rare plants; Adopt and publish, by rule, a listing of those species […]
§ 70-8-106. Management Programs — Exceptions to Regulations
The executive director shall establish such programs, including acquisition of land or aquatic habitat, as are deemed necessary for management of nongame and endangered or threatened wildlife. The executive director shall utilize all authority vested in the agency to carry out the purposes of this section. In carrying out programs authorized by this section, the […]
§ 70-8-107. Rulemaking Authority
The fish and wildlife commission shall issue such regulations as are necessary to carry out the purposes of this part.