(a)It shall be unlawful, except as otherwise provided by law or rule of the commissioner, for a person to take, capture, or kill, or attempt to take, capture, or kill, any bird or animal protected by the laws of this state during nighttime hours.
(b)Any person violating this section shall be guilty of a Class B misdemeanor and, upon conviction thereof, shall be punished for the first offense by a fine of not less than two thousand dollars ($2,000) nor more than three thousand dollars ($3,000) and may be imprisoned in the county jail for a period not to exceed six months. In addition, the court shall revoke all hunting license privileges for a period of three years from the date of conviction.
(c)(1) This section shall not apply to an individual hunting feral swine or coyotes during night
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(a) It shall be unlawful, except as otherwise provided by law or rule of the commissioner, for a person to take, capture, or kill, or attempt to take, capture, or kill, any bird or animal protected by the laws of this state during nighttime hours.
(b) Any person violating this section shall be guilty of a Class B misdemeanor and, upon conviction thereof, shall be punished for the first offense by a fine of not less than two thousand dollars ($2,000) nor more than three thousand dollars ($3,000) and may be imprisoned in the county jail for a period not to exceed six months. In addition, the court shall revoke all hunting license privileges for a period of three years from the date of conviction.
(c)(1) This section shall not apply to an individual hunting feral swine or coyotes during nighttime hours on privately owned or leased lands during the specified special nighttime feral swine and coyote hunting season dates if the individual has purchased, and is in possession of, a nighttime feral swine and coyote hunting license issued by the Department of Conservation and Natural Resources as follows:
a. Any individual hunting feral swine or coyotes during the special nighttime feral swine and coyote season shall purchase the nighttime feral swine and coyote hunting license. The nighttime feral swine and coyote license does not include any other license privilege provided by Sections 9-11-44, 9-11-46, 9-11-47, 9-11-48, 9-11-49, 9-11-65, or 9-11-65.2, or the wildlife heritage license, all of which do not include privileges for hunting feral swine and coyotes during nighttime hours.
b. The annual resident nighttime feral swine and coyote hunting license fee is fourteen dollars ($14), plus an issuance fee of one dollar ($1).
c. The annual nonresident nighttime feral swine and coyote hunting license fee is fifty dollars ($50), plus an issuance fee of one dollar ($1).
d. A person who possesses a 100 percent physically disabled resident hunting license or a 100 percent disabled military veteran’s appreciation hunting license may obtain an annual resident nighttime feral swine and coyote hunting license by paying the issuance fee of one dollar ($1).
(2) The fees provided for in this section are subject to adjustment as provided in Section 9-11-68.
(3) A special nighttime feral swine and coyote hunting license required by this subsection shall be procured in the same manner as an annual hunting license, with the issuance fee for the nighttime feral swine and coyote hunting license paid to and retained by the issuing office or agency.
(4) An individual who is exempt from purchasing a hunting license is not exempt from the requirement to purchase a nighttime feral swine and coyote hunting season license pursuant to this section.
(5) A landowner and his or her agents who possess a valid permit to take protected wildlife causing crop damage, property damage, or concern for human safety, as provided by rule of the commissioner, shall be exempt from the requirement to purchase a nighttime feral swine and coyote hunting season license pursuant to this section.
(Acts 1935, No. 383, p. 813, §5; Code 1940, T. 8, §86; Acts 1949, No. 662, p. 1026, §1; Acts 1953, No. 767, p. 1028, §1; Acts 1982, No. 82-488, p. 811, §1; Acts 1995, No. 95-215, p. 252, §2; Act 2008-384, p. 714, §1; Act 2016-153, §1; Act 2016-447, 1st Sp. Sess., p. 1226, §1; Act 2021-277, §1.)