Kentucky Statutes 150.305 – Possession of wildlife or raw fur out of season — Inspection of commercial frozen food lockers
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(1) Subject to regulations adopted under this chapter and except as otherwise provided in this section, no person shall have in his possession any wildlife protected by this chapter, or any raw fur, except during the open season for the particular species, unless such person be the holder of a valid permit issued pursuant to the provisions of KRS § 150.275 or 150.280.
(2) Any person who has legally taken any wildlife may possess same in cold storage. If possessed in a commercial locker plant, the name of the taker, his license number, the date of taking, and the number and species of wildlife must be marked on the package in which the same is stored. Legally imported wildlife from other states or countries may be similarly held.
(3) Federal regulations shall govern the possession of migratory wild birds.
(4) To facilitate the enforcement of subsection (2) of this section, the commissioner, or such agents and employees of the department as may be designated by him, shall have authority to inspect all commercial frozen food lockers within the State of Kentucky at such periods and intervals as the commissioner shall, in the exercise of a reasonable discretion, fix and determine. No search warrant or other legal process shall be required of any properly authorized person as a condition precedent to the making of the inspections herein authorized.
Effective: July 15, 1986
History: Amended 1986 Ky. Acts ch. 265, sec. 14, effective July 15, 1986. — Amended
1968 Ky. Acts ch. 38, sec. 14. — Amended 1952 Ky. Acts ch. 200, sec. 42. — Amended 1948 Ky. Acts ch. 78, sec. 15. — Created 1946 Ky. Acts ch. 84, sec. 11.
(2) Any person who has legally taken any wildlife may possess same in cold storage. If possessed in a commercial locker plant, the name of the taker, his license number, the date of taking, and the number and species of wildlife must be marked on the package in which the same is stored. Legally imported wildlife from other states or countries may be similarly held.
Terms Used In Kentucky Statutes 150.305
- Commissioner: means the commissioner of the Department of Fish and Wildlife
Resources. See Kentucky Statutes 150.010 - Department: means the Department of Fish and Wildlife Resources. See Kentucky Statutes 150.010
- Federal: refers to the United States. See Kentucky Statutes 446.010
- License: means any document issued by the department authorizing its holder to perform acts authorized by the license and includes any other form of authorization
in addition to or in lieu of an actual document which may be authorized by the department by administrative regulation. See Kentucky Statutes 150.010 - Permit: means any document issued by the department authorizing its holder to perform acts authorized by the permit and includes tags or devices as evidence of holding a permit and includes any other form of authorization in addition to or in lieu of an actual document authorized by the department by administrative regulation. See Kentucky Statutes 150.010
- Possess: means the act of having or taking into control. See Kentucky Statutes 150.010
- Precedent: A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way.
- Raw fur: means a hide, fur, or pelt of a fur-bearing animal which has not been processed. See Kentucky Statutes 150.010
- State: when applied to a part of the United States, includes territories, outlying possessions, and the District of Columbia. See Kentucky Statutes 446.010
- Wildlife: means any normally undomesticated animal, alive or dead, including without limitations any wild mammal, bird, fish, reptile, amphibian, or other terrestrial or aquatic life, whether or not possessed in controlled environment, bred, hatched, or born in captivity and including any part, product, egg, or offspring thereof, protected or unprotected by this chapter. See Kentucky Statutes 150.010
(3) Federal regulations shall govern the possession of migratory wild birds.
(4) To facilitate the enforcement of subsection (2) of this section, the commissioner, or such agents and employees of the department as may be designated by him, shall have authority to inspect all commercial frozen food lockers within the State of Kentucky at such periods and intervals as the commissioner shall, in the exercise of a reasonable discretion, fix and determine. No search warrant or other legal process shall be required of any properly authorized person as a condition precedent to the making of the inspections herein authorized.
Effective: July 15, 1986
History: Amended 1986 Ky. Acts ch. 265, sec. 14, effective July 15, 1986. — Amended
1968 Ky. Acts ch. 38, sec. 14. — Amended 1952 Ky. Acts ch. 200, sec. 42. — Amended 1948 Ky. Acts ch. 78, sec. 15. — Created 1946 Ky. Acts ch. 84, sec. 11.