AN ACT relating to trophy catfish.

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AN ACT relating to trophy catfish. 1
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
SECTION 1. A NEW SECTION OF KRS CHAPTER 150 IS CREATED TO 3
READ AS FOLLOWS: 4
(1) As used in this section: 5
(a) "Lower Ohio River trophy catfish" means, for the area downstream of 6
Cannelton Lock and Dam in the Ohio River and its tributaries open to 7
commercial fishing, a: 8
1. Blue or flathead catfish that is a minimum of forty (40) inches in 9
length; or 10
2. Channel catfish that is a minimum of thirty (30) inches in length; and 11
(b) "Trophy catfish" means a: 12
1. Blue or flathead catfish that is a minimum of thirty -five (35) inches in 13
length; or 14
2. Channel catfish that is a minimum of twenty -eight (28) inches in 15
length. 16
(2) Notwithstanding any provision of law to the contrary: 17
(a) Any permit issued by the department to take lower Ohio River trophy catfish 18
shall expire on May 31, 2027, and the department shall not issue or reissue 19
any new lower Ohio River trophy catfish permits after that date; and 20
(b) After the effective date of this Act, a permit to take lower Ohio River trophy 21
catfish shall not be transferred or reissued if surrendered. 22
(3) A person shall not transport live trophy catfish except by boat while in the course 23
of legally fishing, either commercially or recreationally, with all of the necessary 24
permits and licenses required by the department. 25
Section 2. KRS 150.990 is amended to read as follows: 26
(1) Each bird, fish, or animal taken, possessed, bought, sold, or transported and each 27
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device used or possessed contrary to t he provisions of this chapter or any 1
administrative regulation promulgated by the commission thereunder shall 2
constitute a separate offense. The penalties prescribed in this section shall be for 3
each offense. 4
(2) (a) Any person who fails to appear pursuant to a citation or summons issued by a 5
game warden or peace officer of this Commonwealth for violation of this 6
chapter or any administrative regulation promulgated thereunder shall forfeit 7
his or her license or, if that person is license-exempt, shall forfeit the privilege 8
to perform the acts authorized by the license. The individual shall not be 9
permitted to purchase another license or exercise the privileges granted by a 10
license until the citation or summons is resolved. The court shall notify the 11
department whenever a person has failed to appear pursuant to a citation or 12
summons for a violation of this chapter or any administrative regulation 13
promulgated thereunder. 14
(b) Any person who violates any of the provisions of this chapter or any 15
administrative regulations promulgated by the commission thereunder may, in 16
addition to the penalties provided in subsections (3), (4), (5), (6), (7), and (8) 17
of this section, forfeit his or her license or, if that person is license -exempt, 18
may forfeit the privilege to perf orm the acts authorized by the license and 19
shall not be permitted to purchase another license or exercise the privileges 20
granted by a license during the same license year. No fines, penalty, or 21
judgment assessed or rendered under this chapter shall be suspended, reduced, 22
or remitted otherwise than expressly provided by law. Any person who 23
violates any administrative regulation which has been or may be promulgated 24
by the commission under any provisions of this chapter shall be subject to the 25
same penalty as is provided for the violation of any provisions of this chapter 26
under which the administrative regulation is promulgated. 27
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(3) Any person who violates any of the provisions of KRS 150.120, 150.170, 1
150.235(1), 150.280, 150.320, 150.330(2), 150.355, 150.362, 150.400, 150.410, 2
150.415, 150.416, 150.445, 150.450, 150.470, 150.603, or 150.722(2), or any of the 3
provisions of this chapter or any administrative regulation promulgated by the 4
commission for which no definite fine or imprisonment is fixed shall be fin ed not 5
less than fifty dollars ($50) nor more than five hundred dollars ($500). 6
(4) Any person who violates any of the provisions of KRS 150.195(5) to (8), 150.290, 7
150.300, 150.340, 150.360, 150.362(1), 150.485, 150.600, 150.630, or 150.660 8
shall be fined not less than fifty dollars ($50) nor more than five hundred dollars 9
($500) or be imprisoned for not more than six (6) months, or both. Also, any person 10
violating the provisions of KRS 150.300 shall be assessed treble damages as 11
provided in KRS 150.690 or 150.700. Damages assessed under this subsection shall 12
be ordered to be paid directly to the department. The court shall not direct that the 13
damages be paid through the circuit clerk. 14
(5) Any person who violates any of the provisions of KRS 150.411, 150.41 2, or 15
150.417 shall be fined not less than one hundred dollars ($100) nor more than five 16
hundred dollars ($500). 17
(6) Any person who violates any of the provisions of KRS 150.183, 150.305, 150.365, 18
150.370, 150.330(1), 150.235(2), (3), or (4), or 150.363 sh all be fined not less than 19
one hundred dollars ($100) nor more than five hundred dollars ($500) or 20
imprisoned for not more than six (6) months, or both. 21
(7) Any person who violates any of the provisions of KRS 150.460 shall be fined not 22
less than one hundr ed dollars ($100) nor more than five hundred dollars ($500) or 23
imprisoned for not more than six (6) months, or both, and in addition to these 24
penalties shall be liable to the department in an amount not to exceed the 25
replacement value of the fish and wildlife which has been killed or destroyed. Costs 26
assessed for the restoration of wildlife under this subsection shall be ordered to be 27
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paid directly to the department. The court shall not direct that the costs be paid 1
through the circuit clerk. 2
(8) Any person who violates the provisions of KRS 150.180, 150.520, 150.525, or 3
administrative regulations issued thereunder shall for the first offense be fined not 4
less than one hundred dollars ($100) nor more than one thousand dollars ($1,000); 5
and shall for a second offense be fined not less than five hundred dollars ($500) nor 6
more than one thousand five hundred dollars ($1,500); and for any subsequent 7
offense, be fined two thousand dollars ($2,000). 8
(9) Any person who violates the provisions of KRS 150.520 or admin istrative 9
regulations issued thereunder shall, if the violation relates to methods of taking 10
mussels, for a first offense be imprisoned in the county jail for no more than thirty 11
(30) days; for a second offense be imprisoned in the county jail for no more than six 12
(6) months; and for any subsequent offense be imprisoned in the county jail for no 13
more than one (1) year. The penalties for violation of this subsection shall be in 14
addition to the penalties for violation of subsection (8). 15
(10) Any person who violates any of the provisions of KRS 150.4111, 150.640, or KRS 16
150.450(2) or (3) shall be fined not less than one hundred dollars ($100) nor more 17
than one thousand dollars ($1,000). 18
(11) Any person who violates any of the provisions of KRS 150.390 or KRS 15 0.092(4) 19
shall be fined not less than one hundred dollars ($100) nor more than one thousand 20
dollars ($1,000) or imprisoned for not less than thirty (30) days nor more than one 21
(1) year, or both. In addition to the penalties prescribed above, he or she shall forfeit 22
his or her license or, if license -exempt, the privilege to perform the acts authorized 23
by the license for a period of one (1) to three (3) years and shall be liable to the 24
department in an amount reasonably necessary to replace any deer, wild tur key, or 25
bear taken in violation of KRS 150.390 and for violations of KRS 150.092(4) shall 26
be liable to the landowner or occupant for reasonable compensation for damages. 27
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Wildlife replacement costs assessed under this subsection shall be ordered to be 1
paid directly to the department. The court shall not direct that the damages be paid 2
through the circuit clerk. Damages assessed under this subsection shall be ordered 3
to be paid directly to the landowner or occupant. The court shall not direct that the 4
damages be paid through the circuit clerk. Any person who possesses, takes, or 5
molests a wild elk in violation of KRS 150.390 or administrative regulations 6
promulgated under authority of that section shall be fined not less than one 7
thousand dollars ($1,000) nor more than five thousand dollars ($5,000) or 8
imprisoned for up to six (6) months, or both. In addition to these penalties, the 9
person shall pay to the department an amount not to exceed the greater of the 10
replacement cost of the wild elk or double any monet ary gain realized from the 11
illegal activity and shall forfeit his or her license or, if license -exempt, the privilege 12
to perform the acts authorized by the license for a period of one (1) to three (3) 13
years. 14
(12) Any person who violates any of the provisio ns of KRS 150.090 other than a 15
criminal homicide or an assault against an officer enforcing the provisions of this 16
chapter, KRS Chapter 235, or the administrative regulations issued thereunder shall 17
be guilty of a Class A misdemeanor. 18
(13) Any person who c ommits a criminal homicide or an assault against an officer 19
enforcing the provisions of this chapter, KRS Chapter 235, or the administrative 20
regulations issued thereunder shall be subject to the penalties specified for the 21
offense under KRS Chapter 507 or 508, as appropriate. 22
(14) A person shall be guilty of a Class B misdemeanor upon the first conviction for a 23
violation of KRS 150.710. A subsequent conviction shall be a Class A 24
misdemeanor. 25
(15) Any person who violates the provisions of KRS 150.092 or the administrative 26
regulations promulgated thereunder for which no other penalty is specified 27
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elsewhere in this section shall for the first offense be fined not less than one 1
hundred dollars ($100) nor more than three hundred dollars ($300); for the second 2
offense, be fined not less than three hundred dollars ($300) nor more than one 3
thousand dollars ($1,000); and for subsequent offenses, shall forfeit the license or, 4
if license -exempt, the privilege to perform the acts authorized by the license, for 5
one (1) ye ar and shall be fined not less than one thousand dollars ($1,000) or be 6
imprisoned in the county jail for up to one (1) year, or both. In addition to the 7
penalties prescribed in this subsection, the violator shall be liable to the landowner 8
or tenant for the replacement cost of any property which was damaged or destroyed 9
by his or her actions. Damages assessed under this subsection shall be ordered to be 10
paid directly to the landowner or the tenant. The court shall not direct that the 11
damages be paid through the circuit clerk. 12
(16) (a) Any person who knowingly violates KRS 150.361 shall for a first offense be 13
fined not less than one hundred dollars ($100) nor more than one thousand 14
dollars ($1,000) or be imprisoned in the county jail for not more than six (6) 15
months, or both. 16
(b) Any per son who knowingly violates KRS 150.361 shall for a second or 17
subsequent offense be fined not less than five hundred dollars ($500) nor 18
more than one thousand five hundred dollars ($1,500) or be imprisoned in the 19
county jail for not more than six (6) months, or both. 20
(c) In addition to the penalties specified in paragraphs (a), (b), and (d) of this 21
subsection, a person knowingly violating KRS 150.361 shall forfeit his or her 22
hunting license or, if license -exempt, the privilege to perform the acts 23
authorized by the license for a period of not less than one (1) nor more than 24
three (3) years. 25
(d) In addition to the penalties specified in paragraphs (a), (b), and (c) of this 26
subsection any person knowingly violating KRS 150.361 shall be liable to the 27
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department in an amount not to exceed the greater of the replacement value of 1
any wildlife killed or wounded in violation of KRS 150.361 or double the 2
amount of the monetary gain from knowingly violating KRS 150.361. 3
(e) Wildlife replacement costs or other costs speci fied in paragraph (d) of this 4
subsection shall be ordered paid directly to the department. The court shall not 5
direct that the replacement costs be paid through the circuit clerk. 6
(17) Any person convicted of violating KRS 150.186 shall be guilty of a Clas s A 7
misdemeanor and shall, whether licensed or license -exempt, forfeit his or her right 8
to hunt, fish, trap, or be licensed as a guide for a period of ten (10) years. 9
(18) Any person convicted of violating subsection (3) of Section 1 of this Act shall be 10
guilty of a Class A misdemeanor for the first offense and a Class D felony for 11
each subsequent offense. 12