Kentucky Statutes 150.995 – Violations for which additional restitution shall be paid to department
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(1) As used in this section, “gross score” means the Boone and Crockett score derived by calculating the measurements of the antlers of a white-tailed deer or elk in accordance with subsection (2) of this section.
(2) The gross score of an antlered white-tailed deer or elk shall be calculated in accordance with the Boone and Crockett Club’s “Measuring and Scoring North American Big Game Trophies, Third Edition, 2009” and shall be taken by an official Boone and Crockett Club scorer. Measurements taken for the purpose of calculating the gross score may be taken at any time, with no drying time being required.
(3) A person found guilty of a violation of the provisions of this chapter regarding the taking, buying, selling, transporting, or possessing of an antlered white-tailed deer with a gross score of more than one hundred twenty-five (125) inches shall pay to the department an additional restitution value calculated by squaring the difference between the gross score and one hundred (100) and multiplying the resulting number by one dollar and sixty-five cents ($1.65).
(4) A person found guilty of a violation of the provisions of this chapter regarding the taking, buying, selling, transporting, or possessing of an antlered elk with a gross score of more than two hundred eighty (280) inches shall pay to the department an additional restitution value calculated by squaring the difference between the gross score and two hundred fifty-five (255) and multiplying the resulting number by one dollar and sixty-five cents ($1.65).
(5) A person found guilty of a violation of the provisions of this chapter regarding the taking, buying, selling, transporting, or possessing of a bear shall pay to the department an additional restitution value of one thousand dollars ($1,000).
(6) A person found guilty of a violation of the provisions of this chapter regarding the taking, buying, selling, transporting, or possessing of a turkey shall pay to the department an additional restitution value of five hundred dollars ($500).
(7) A person found guilty of a violation of the provisions of this chapter regarding the taking, buying, selling, transporting, or possessing of a bobcat shall pay to the department an additional restitution value of five hundred dollars ($500).
(8) The commissioner or designee may bring a civil action to recover the restitution value owed to the department under subsection (3), (4), (5), (6), or (7) of this section. A person who owes restitution to the department under subsection (3), (4), (5), (6), or (7) of this section shall forfeit his or her hunting license or, if license- exempt, the privilege to perform the hunting acts authorized by the license until the restitution owed has been paid.
(9) The restitution required by this section shall be in addition to all other restitution, replacement costs, and civil or criminal penalties authorized by this chapter and the administrative regulations promulgated hereunder.
Effective: June 25, 2013
History: Created 2013 Ky. Acts ch. 92, sec. 2, effective June 25, 2013.
(2) The gross score of an antlered white-tailed deer or elk shall be calculated in accordance with the Boone and Crockett Club’s “Measuring and Scoring North American Big Game Trophies, Third Edition, 2009” and shall be taken by an official Boone and Crockett Club scorer. Measurements taken for the purpose of calculating the gross score may be taken at any time, with no drying time being required.
Terms Used In Kentucky Statutes 150.995
- Action: includes all proceedings in any court of this state. See Kentucky Statutes 446.010
- 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
- Hunting: means to take or attempt to take in any manner, whether the hunter has game in possession or not. See Kentucky Statutes 150.010
- 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 - Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
(3) A person found guilty of a violation of the provisions of this chapter regarding the taking, buying, selling, transporting, or possessing of an antlered white-tailed deer with a gross score of more than one hundred twenty-five (125) inches shall pay to the department an additional restitution value calculated by squaring the difference between the gross score and one hundred (100) and multiplying the resulting number by one dollar and sixty-five cents ($1.65).
(4) A person found guilty of a violation of the provisions of this chapter regarding the taking, buying, selling, transporting, or possessing of an antlered elk with a gross score of more than two hundred eighty (280) inches shall pay to the department an additional restitution value calculated by squaring the difference between the gross score and two hundred fifty-five (255) and multiplying the resulting number by one dollar and sixty-five cents ($1.65).
(5) A person found guilty of a violation of the provisions of this chapter regarding the taking, buying, selling, transporting, or possessing of a bear shall pay to the department an additional restitution value of one thousand dollars ($1,000).
(6) A person found guilty of a violation of the provisions of this chapter regarding the taking, buying, selling, transporting, or possessing of a turkey shall pay to the department an additional restitution value of five hundred dollars ($500).
(7) A person found guilty of a violation of the provisions of this chapter regarding the taking, buying, selling, transporting, or possessing of a bobcat shall pay to the department an additional restitution value of five hundred dollars ($500).
(8) The commissioner or designee may bring a civil action to recover the restitution value owed to the department under subsection (3), (4), (5), (6), or (7) of this section. A person who owes restitution to the department under subsection (3), (4), (5), (6), or (7) of this section shall forfeit his or her hunting license or, if license- exempt, the privilege to perform the hunting acts authorized by the license until the restitution owed has been paid.
(9) The restitution required by this section shall be in addition to all other restitution, replacement costs, and civil or criminal penalties authorized by this chapter and the administrative regulations promulgated hereunder.
Effective: June 25, 2013
History: Created 2013 Ky. Acts ch. 92, sec. 2, effective June 25, 2013.