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S.F. No. 2759 - Department of Natural Resources Enforcement (First Engrossment)
 
Author: Senator Matt Schmit
 
Prepared By:
 
Date: March 29, 2016



 

Section 1 [Prosecuting authority] provides that the county attorney is the prosecuting authority for game and fish and natural resource management violations such as wetlands and aquatic plant management, water appropriation, and other environment related violations. The authority would clarify that prosecution includes civil actions for associated property, but does not include any new property authorities.

Section 2 [Consistent misdemeanor penalty for game and fish law violations] provides that the default penalty for violation of the game and fish laws is a misdemeanor.  Current penalty language provides some limitations, and the 2015 changes to MS 645.241 no longer provide a misdemeanor penalty in those instances when a penalty is not specifically listed.

Section 3 [Gross overlimits of wild animals; penalty] requires more than one threatened or endangered wild animal to be taken, possessed, or transported, in violation of game and fish laws to elevate the penalty to a gross misdemeanor.

Section 4 [Seizure] lowers the threshold for restitution value of wild animals taken, transported, or possessed, that results in seizures of all game and fish licenses, from $5,000 to $1,000.

Section 5 [License revocation after conviction] raises a license prohibition from five years to ten years after a conviction of unlawfully taking wild animals that have a restitution value of $2,000 or more.  Lowers the threshold from $5,000 to between $1,000 and $2,000 for the restitution value of wild animals for an existing five-year license prohibition for a conviction of unlawfully taking wild animals.  This section limits the application of license revocation related to taking endangered or threatened animals to taking more than one animal.

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