§ 70-8-307. Right of Access for Inspections
In conducting inspections to check compliance with this part pursuant to § 70-8-304(6), the commissioner has the right of access to areas where rare plants are growing in the state.
§ 70-8-308. Public Works Projects
The list of threatened species and special concern species maintained pursuant to § 70-8-304(7) may be used by the department in commenting on proposed public works projects in the state, and the department shall encourage voluntary efforts to prevent the plants on this list from becoming endangered species. This part shall not, however, be used […]
§ 70-8-309. Violations
It is a violation of this part for any person other than the landowner, lessee, or other person entitled to possession, or the manager, in the case of publicly owned land, or a person with the written permission of the landowner or manager, to knowingly uproot, dig, take, remove, damage, destroy, possess, or otherwise disturb […]
§ 70-8-310. Penalties
Any person who violates any of the provisions of this part or any regulation or rule promulgated under this part or who violates the terms of any license issued by the department under this part shall be fined not more than one thousand dollars ($1,000), or be imprisoned for not more than six (6) months, […]
§ 70-8-311. Enforcement of Provisions — Injunctions
Any employee or agent of the department upon whom has been conferred law enforcement powers, including the power to serve and execute warrants and arrest offenders or issue citations throughout the state, or any police officer of the state or any police officer of any municipality or county of this state has the authority to […]
§ 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”.