UNOFFICIAL COPY 25 RS BR 1437
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AN ACT relating to ruffed grouse hunting. 1
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
SECTION 1. A NEW SECTION OF KRS CHAPTER 150 IS CREATED TO 3
READ AS FOLLOWS: 4
(1) As used in this section, "ruffed grouse" means a member of the species Bonasa 5
umbellus. 6
(2) For any area in which the department allows for the taking of ruffed grouse: 7
(a) The annual ruffed grouse hunting season shall be from October 1 to 8
January 31; and 9
(b) The daily bag limit shall be one (1) per hunter and the season limit shall be 10
four (4) per hunter. 11
(3) Any person who has taken a ruffed grouse in the Commonwealth shall report the 12
following information through the electronic or telephonic reporting system 13
maintained by the department on the same day that the ruffed grouse was taken: 14
(a) The date and location of the harvest; 15
(b) The age and sex of the ruffed grouse, if determinable; and 16
(c) Any information that the department may require to improve harvest data 17
accuracy. 18
Section 2. KRS 150.990 is amended to read as follows: 19
(1) Each bird, fish, or animal taken, possessed, bought, sold, or transported and each 20
device used or possessed contrary to the provisions of this chapter or any 21
administrative regulation promulgated by the commission thereunder shall 22
constitute a separate offense. The penalties prescribed in this section shall be for 23
each offense. 24
(2) (a) Any person who fails to appear pursuant to a citation or summons issued by a 25
game warden or peace officer of this Commonwealth for violation of this 26
chapter or any administrative regulation promulgated thereunder shall forfeit 27 UNOFFICIAL COPY 25 RS BR 1437
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his or her license or, if that person is license-exempt, shall forfeit the privilege 1
to perform the acts authorized by the license. The individual shall not be 2
permitted to purchase another license or exercise the privileges granted by a 3
license until the citation or summons is resolved. The court shall notify the 4
department whenever a person has failed to appear pursuant to a citation or 5
summons for a violation of this chapter or any administrative regulation 6
promulgated thereunder. 7
(b) Any person who violates any of the provisions of this chapter or any 8
administrative regulations promulgated by the commission thereunder may, in 9
addition to the penalties provided in subsections (3), (4), (5), (6), (7), and (8) 10
of this section, forfeit his or her license or, if that person is license-exempt, 11
may forfeit the privilege to perform the acts authorized by the license and 12
shall not be permitted to purchase another license or exercise the privileges 13
granted by a license during the same license year. No fines, penalty, or 14
judgment assessed or rendered under this chapter shall be suspended, reduced, 15
or remitted otherwise than expressly provided by law. Any person who 16
violates any administrative regulation which has been or may be promulgated 17
by the commission under any provisions of this chapter shall be subject to the 18
same penalty as is provided for the violation of any provisions of this chapter 19
under which the administrative regulation is promulgated. 20
(3) Any person who violates any of the provisions of KRS 150.120, 150.170, 21
150.235(1), 150.280, 150.320, 150.330(2), 150.355, 150.362, 150.400, 150.410, 22
150.415, 150.416, 150.445, 150.450, 150.470, 150.603, Section 1 of this Act, or 23
150.722(2), or any of the provisions of this chapter or any administrative regulation 24
promulgated by the commission for which no definite fine or imprisonment is fixed 25
shall be fined not less than fifty dollars ($50) nor more than five hundred dollars 26
($500). 27 UNOFFICIAL COPY 25 RS BR 1437
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(4) Any person who violates any of the provisions of KRS 150.195(5) to (8), 150.290, 1
150.300, 150.340, 150.360, 150.362(1), 150.485, 150.600, 150.630, or 150.660 2
shall be fined not less than fifty dollars ($50) nor more than five hundred dollars 3
($500) or be imprisoned for not more than six (6) months, or both. Also, any person 4
violating the provisions of KRS 150.300 shall be assessed treble damages as 5
provided in KRS 150.690 or 150.700. Damages assessed under this subsection shall 6
be ordered to be paid directly to the department. The court shall not direct that the 7
damages be paid through the circuit clerk. 8
(5) Any person who violates any of the provisions of KRS 150.411, 150.412, or 9
150.417 shall be fined not less than one hundred dollars ($100) nor more than five 10
hundred dollars ($500). 11
(6) Any person who violates any of the provisions of KRS 150.183, 150.305, 150.365, 12
150.370, 150.330(1), 150.235(2), (3), or (4), or 150.363 shall be fined not less than 13
one hundred dollars ($100) nor more than five hundred dollars ($500) or 14
imprisoned for not more than six (6) months, or both. 15
(7) Any person who violates any of the provisions of KRS 150.460 shall be fined not 16
less than one hundred dollars ($100) nor more than five hundred dollars ($500) or 17
imprisoned for not more than six (6) months, or both, and in addition to these 18
penalties shall be liable to the department in an amount not to exceed the 19
replacement value of the fish and wildlife which has been killed or destroyed. Costs 20
assessed for the restoration of wildlife under this subsection shall be ordered to be 21
paid directly to the department. The court shall not direct that the costs be paid 22
through the circuit clerk. 23
(8) Any person who violates the provisions of KRS 150.180, 150.520, 150.525, or 24
administrative regulations issued thereunder shall for the first offense be fined not 25
less than one hundred dollars ($100) nor more than one thousand dollars ($1,000); 26
and shall for a second offense be fined not less than five hundred dollars ($500) nor 27 UNOFFICIAL COPY 25 RS BR 1437
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more than one thousand five hundred dollars ($1,500); and for any subsequent 1
offense, be fined two thousand dollars ($2,000). 2
(9) Any person who violates the provisions of KRS 150.520 or administrative 3
regulations issued thereunder shall, if the violation relates to methods of taking 4
mussels, for a first offense be imprisoned in the county jail for no more than thirty 5
(30) days; for a second offense be imprisoned in the county jail for no more than six 6
(6) months; and for any subsequent offense be imprisoned in the county jail for no 7
more than one (1) year. The penalties for violation of this subsection shall be in 8
addition to the penalties for violation of subsection (8). 9
(10) Any person who violates any of the provisions of KRS 150.4111, 150.640, or KRS 10
150.450(2) or (3) shall be fined not less than one hundred dollars ($100) nor more 11
than one thousand dollars ($1,000). 12
(11) Any person who violates any of the provisions of KRS 150.390 or KRS 150.092(4) 13
shall be fined not less than one hundred dollars ($100) nor more than one thousand 14
dollars ($1,000) or imprisoned for not less than thirty (30) days nor more than one 15
(1) year, or both. In addition to the penalties prescribed above, he or she shall forfeit 16
his or her license or, if license-exempt, the privilege to perform the acts authorized 17
by the license for a period of one (1) to three (3) years and shall be liable to the 18
department in an amount reasonably necessary to replace any deer, wild turkey, or 19
bear taken in violation of KRS 150.390 and for violations of KRS 150.092(4) shall 20
be liable to the landowner or occupant for reasonable compensation for damages. 21
Wildlife replacement costs assessed under this subsection shall be ordered to be 22
paid directly to the department. The court shall not direct that the damages be paid 23
through the circuit clerk. Damages assessed under this subsection shall be ordered 24
to be paid directly to the landowner or occupant. The court shall not direct that the 25
damages be paid through the circuit clerk. Any person who possesses, takes, or 26
molests a wild elk in violation of KRS 150.390 or administrative regulations 27 UNOFFICIAL COPY 25 RS BR 1437
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promulgated under authority of that section shall be fined not less than one 1
thousand dollars ($1,000) nor more than five thousand dollars ($5,000) or 2
imprisoned for up to six (6) months, or both. In addition to these penalties, the 3
person shall pay to the department an amount not to exceed the greater of the 4
replacement cost of the wild elk or double any monetary gain realized from the 5
illegal activity and shall forfeit his or her license or, if license-exempt, the privilege 6
to perform the acts authorized by the license for a period of one (1) to three (3) 7
years. 8
(12) Any person who violates any of the provisions of KRS 150.090 other than a 9
criminal homicide or an assault against an officer enforcing the provisions of this 10
chapter, KRS Chapter 235, or the administrative regulations issued thereunder shall 11
be guilty of a Class A misdemeanor. 12
(13) Any person who commits a criminal homicide or an assault against an officer 13
enforcing the provisions of this chapter, KRS Chapter 235, or the administrative 14
regulations issued thereunder shall be subject to the penalties specified for the 15
offense under KRS Chapter 507 or 508, as appropriate. 16
(14) A person shall be guilty of a Class B misdemeanor upon the first conviction for a 17
violation of KRS 150.710. A subsequent conviction shall be a Class A 18
misdemeanor. 19
(15) Any person who violates the provisions of KRS 150.092 or the administrative 20
regulations promulgated thereunder for which no other penalty is specified 21
elsewhere in this section shall for the first offense be fined not less than one 22
hundred dollars ($100) nor more than three hundred dollars ($300); for the second 23
offense, be fined not less than three hundred dollars ($300) nor more than one 24
thousand dollars ($1,000); and for subsequent offenses, shall forfeit the license or, 25
if license-exempt, the privilege to perform the acts authorized by the license, for 26
one (1) year and shall be fined not less than one thousand dollars ($1,000) or be 27 UNOFFICIAL COPY 25 RS BR 1437
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imprisoned in the county jail for up to one (1) year, or both. In addition to the 1
penalties prescribed in this subsection, the violator shall be liable to the landowner 2
or tenant for the replacement cost of any property which was damaged or destroyed 3
by his or her actions. Damages assessed under this subsection shall be ordered to be 4
paid directly to the landowner or the tenant. The court shall not direct that the 5
damages be paid through the circuit clerk. 6
(16) (a) Any person who knowingly violates KRS 150.361 shall for a first offense be 7
fined not less than one hundred dollars ($100) nor more than one thousand 8
dollars ($1,000) or be imprisoned in the county jail for not more than six (6) 9
months, or both. 10
(b) Any person who knowingly violates KRS 150.361 shall for a second or 11
subsequent offense be fined not less than five hundred dollars ($500) nor 12
more than one thousand five hundred dollars ($1,500) or be imprisoned in the 13
county jail for not more than six (6) months, or both. 14
(c) In addition to the penalties specified in paragraphs (a), (b), and (d) of this 15
subsection, a person knowingly violating KRS 150.361 shall forfeit his or her 16
hunting license or, if license-exempt, the privilege to perform the acts 17
authorized by the license for a period of not less than one (1) nor more than 18
three (3) years. 19
(d) In addition to the penalties specified in paragraphs (a), (b), and (c) of this 20
subsection any person knowingly violating KRS 150.361 shall be liable to the 21
department in an amount not to exceed the greater of the replacement value of 22
any wildlife killed or wounded in violation of KRS 150.361 or double the 23
amount of the monetary gain from knowingly violating KRS 150.361. 24
(e) Wildlife replacement costs or other costs specified in paragraph (d) of this 25
subsection shall be ordered paid directly to the department. The court shall not 26
direct that the replacement costs be paid through the circuit clerk. 27 UNOFFICIAL COPY 25 RS BR 1437
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(17) Any person convicted of violating KRS 150.186 shall be guilty of a Class A 1
misdemeanor and shall, whether licensed or license-exempt, forfeit his or her right 2
to hunt, fish, trap, or be licensed as a guide for a period of ten (10) years. 3