§ 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 […]
§ 70-8-305. List of Endangered Species
The list of endangered species promulgated by the commissioner pursuant to § 70-8-304(2) shall be made on the basis of the investigations authorized by § 70-8-304(1), other available scientific and commercial data, and appropriate consultation with federal agencies, other interested state agencies, other states having a common interest in the species and other interested persons […]
§ 70-8-306. Licensing and Regulation of Nursery Farmers
A license for the commercial sale or export of any endangered species by nursery farmers issued pursuant to § 70-8-304(3) shall allow a nursery farmer to engage in the commercial sale of any endangered species, subject to the restrictions of subsection (b). Each plant of an endangered species that is sold or exported by a […]
§ 70-8-108. Penalties for Violations — Searches and Seizures — Forfeitures — Exception for Black Vultures
Any person who violates § 70-8-104(c) or any regulations issued under § 70-8-104, or fails to procure or violates the terms of any permit issued thereunder, commits a Class B misdemeanor. Any person who fails to procure or violates the terms of any permit issued under § 70-8-106(d) and (e) commits a Class A misdemeanor. […]
§ 70-8-109. Construction of Provisions — Importation From Other States — Validity and Application of Part
None of the provisions of this part shall be construed to apply retroactively or to prohibit importation into the state of wildlife that may be lawfully imported into the United States or lawfully taken or removed from another state or to prohibit entry into the state or possession, transportation, exportation, processing, sale or offer for […]