§ 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 […]
§ 70-8-202. 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.
§ 70-8-104. Nongame Species — Promulgation of Regulations — Prohibited Acts
The executive director shall conduct an investigation on nongame wildlife in order to develop information relating to population, distribution, habitat, needs, limiting factors, and other biological and ecological data to determine management measures necessary for their continued ability to sustain themselves successfully. On the basis of such determinations, the fish and wildlife commission shall issue […]
§ 70-8-105. Endangered or Threatened Species List
On the basis of investigation on nongame wildlife provided for in § 70-8-104 and other available scientific and commercial data, and after consultation with other state wildlife agencies, appropriate federal agencies, and other interested persons and organizations, but not later than April 5, 1975, the fish and wildlife commission shall by regulation propose a list […]
§ 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.
§ 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. […]