§ 50-11-1180 — Authority of department to issue permits to collect protected wildlife for scientific or propagating purposes; penalties.

For purposes of this section: (a) "Take" means to harass, hunt, capture, or kill. (b) "Protected wildlife" means any wildlife, part, product, egg, offspring nest, dead body, or part thereof which is managed or protected or the taking of which is specifically regulated by the department. Permits may be granted by the department to any properly accredited competent person permitting him to collect protected wildlife for strictly scientific or propagating purposes only. No permit is required for the collecting or taking of nonprotected wildlife. Applications for a permit must be made to the department which shall investigate the applicant and the project or program for which the collection is to be made. The application must be accompanied by a payment of a ten-dollar fee to cover the cost of the examination and the issuing of the permit. If the department considers the applicant to be qualified and the program or project to be necessary or desirable, it shall issue a permit which expires on December thirty-first of the year in which it is issued. Permits may be renewed for one year upon application and the payment of a ten-dollar renewal fee if the department determines the applicant and the program or project is still qualified. Permits are not transferable but any student assistant working under the direct supervision of the permittee in collecting activities may participate under the permit. All collecting or taking must be conducted so as to adhere to recognized scientific methods. Wherever practicable, data, results, and specimens must be made available to the public upon request. The permittee shall submit a report at the end of the permit period of the specimens collection and of other information as may be included on the report form, which must be furnished by the department. Collecting permits for endangered species must be issued only in accordance with Section 50-15-40. The provisions of Section 50-17-70 are not superseded by the provisions of this section. Any person violating the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined in an amount of not less than twenty-five dollars nor more than one hundred dollars or imprisoned for a term not to exceed thirty days and any permit issued to that person is revoked.

Legislative History

HISTORY: [Derived from former SECTIONS 50-1130 (1962 Code SECTION 28-303; 1952 Code SECTION 28-303; 1942 Code SECTION 1787; 1932 Code SECTION 1787; Cr. C. '22 SECTION 740; 1919 (31) 269; 1952 (47) 2179); 50-11-2190 (1962 Code SECTION 28-469; 1968 (55) 2430; 1979 Act No. 148, SECTION 1)]; 1988 Act No. 561, SECTION 1; 1993 Act No. 181, SECTION 1262. Code Commissioner's Note At the direction of the Code Commissioner, the former reference to Section 50-15-50 was changed to Section 50-15-40 to reflect the renumbering of sections in Chapter 15, Title 50 by 2014 Act No. 159.