§ 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 […]
§ 70-8-105. 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. […]
§ 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 […]