HB 397

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1AN ACT relating to trophy catfish.
2 Be it enacted by the General Assembly of the Commonwealth of Kentucky:
3SECTION 1. A NEW SECTION OF KRS CHAPTER 150 IS CREATED TO
4 READ AS FOLLOWS:
5 (1)    As used in this section:
6(a)     "Lower Ohio River trophy catfish" means, for the area downstream of
7Cannelton Lock and Dam in the Ohio River and its tributaries open to
8commercial fishing, a:
91.        Blue or flathead catfish that is a minimum of forty (40) inches in
10length; or
112.        Channel catfish that is a minimum of thirty (30) inches in length; and
12(b)     "Trophy catfish" means a:
131.        Blue or flathead catfish that is a minimum of thirty-five (35) inches in
14length; or
152.        Channel catfish that is a minimum of twenty-eight (28) inches in
16length.
17 (2)    Notwithstanding any provision of law to the contrary:
18(a)     Any permit issued by the department to take lower Ohio River trophy catfish
19shall expire on May 31, 2027, and the department shall not issue or reissue
20any new lower Ohio River trophy catfish permits after that date; and
21(b)     After the effective date of this Act, a permit to take lower Ohio River trophy
22catfish shall not be transferred or reissued if surrendered.
23 (3)    A person shall not transport live trophy catfish except by boat while in the course
24of legally fishing, either commercially or recreationally, with all of the necessary
25permits and licenses required by the department.
26Section 2. KRS 150.990 is amended to read as follows:
27 (1)    Each bird, fish, or animal taken, possessed, bought, sold, or transported and each
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1device used or possessed contrary to the provisions of this chapter or any
2administrative regulation promulgated by the commission thereunder shall
3constitute a separate offense. The penalties prescribed in this section shall be for
4each offense.
5 (2)    (a)     Any person who fails to appear pursuant to a citation or summons issued by a
6game warden or peace officer of this Commonwealth for violation of this
7chapter or any administrative regulation promulgated thereunder shall forfeit
8his or her license or, if that person is license-exempt, shall forfeit the privilege
9to perform the acts authorized by the license. The individual shall not be
10permitted to purchase another license or exercise the privileges granted by a
11license until the citation or summons is resolved. The court shall notify the
12department whenever a person has failed to appear pursuant to a citation or
13summons for a violation of this chapter or any administrative regulation
14promulgated thereunder.
15(b)     Any person who violates any of the provisions of this chapter or any
16administrative regulations promulgated by the commission thereunder may, in
17addition to the penalties provided in subsections (3), (4), (5), (6), (7), and (8)
18of this section, forfeit his or her license or, if that person is license-exempt,
19may forfeit the privilege to perform the acts authorized by the license and
20shall not be permitted to purchase another license or exercise the privileges
21granted by a license during the same license year. No fines, penalty, or
22judgment assessed or rendered under this chapter shall be suspended, reduced,
23or remitted otherwise than expressly provided by law. Any person who
24violates any administrative regulation which has been or may be promulgated
25by the commission under any provisions of this chapter shall be subject to the
26same penalty as is provided for the violation of any provisions of this chapter
27under which the administrative regulation is promulgated.
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1 (3)    Any person who violates any of the provisions of KRS 150.120, 150.170,
2150.235(1), 150.280, 150.320, 150.330(2), 150.355, 150.362, 150.400, 150.410,
3150.415, 150.416, 150.445, 150.450, 150.470, 150.603, or 150.722(2), or any of the
4provisions of this chapter or any administrative regulation promulgated by the
5commission for which no definite fine or imprisonment is fixed shall be fined not
6less than fifty dollars ($50) nor more than five hundred dollars ($500).
7 (4)    Any person who violates any of the provisions of KRS 150.195(5) to (8), 150.290,
8150.300, 150.340, 150.360, 150.362(1), 150.485, 150.600, 150.630, or 150.660
9shall be fined not less than fifty dollars ($50) nor more than five hundred dollars
10($500) or be imprisoned for not more than six (6) months, or both. Also, any person
11violating the provisions of KRS 150.300 shall be assessed treble damages as
12provided in KRS 150.690 or 150.700. Damages assessed under this subsection shall
13be ordered to be paid directly to the department. The court shall not direct that the
14damages be paid through the circuit clerk.
15 (5)    Any person who violates any of the provisions of KRS 150.411, 150.412, or
16150.417 shall be fined not less than one hundred dollars ($100) nor more than five
17hundred dollars ($500).
18 (6)    Any person who violates any of the provisions of KRS 150.183, 150.305, 150.365,
19150.370, 150.330(1), 150.235(2), (3), or (4), or 150.363 shall be fined not less than
20one hundred dollars ($100) nor more than five hundred dollars ($500) or
21imprisoned for not more than six (6) months, or both.
22 (7)    Any person who violates any of the provisions of KRS 150.460 shall be fined not
23less than one hundred dollars ($100) nor more than five hundred dollars ($500) or
24imprisoned for not more than six (6) months, or both, and in addition to these
25penalties shall be liable to the department in an amount not to exceed the
26replacement value of the fish and wildlife which has been killed or destroyed. Costs
27assessed for the restoration of wildlife under this subsection shall be ordered to be
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1paid directly to the department. The court shall not direct that the costs be paid
2through the circuit clerk.
3 (8)    Any person who violates the provisions of KRS 150.180, 150.520, 150.525, or
4administrative regulations issued thereunder shall for the first offense be fined not
5less than one hundred dollars ($100) nor more than one thousand dollars ($1,000);
6and shall for a second offense be fined not less than five hundred dollars ($500) nor
7more than one thousand five hundred dollars ($1,500); and for any subsequent
8offense, be fined two thousand dollars ($2,000).
9 (9)    Any person who violates the provisions of KRS 150.520 or administrative
10regulations issued thereunder shall, if the violation relates to methods of taking
11mussels, for a first offense be imprisoned in the county jail for no more than thirty
12(30) days; for a second offense be imprisoned in the county jail for no more than six
13(6) months; and for any subsequent offense be imprisoned in the county jail for no
14more than one (1) year. The penalties for violation of this subsection shall be in
15addition to the penalties for violation of subsection (8).
16 (10) Any person who violates any of the provisions of KRS 150.4111, 150.640, or KRS
17150.450(2) or (3) shall be fined not less than one hundred dollars ($100) nor more
18than one thousand dollars ($1,000).
19 (11) Any person who violates any of the provisions of KRS 150.390 or KRS 150.092(4)
20shall be fined not less than one hundred dollars ($100) nor more than one thousand
21dollars ($1,000) or imprisoned for not less than thirty (30) days nor more than one
22(1) year, or both. In addition to the penalties prescribed above, he or she shall forfeit
23his or her license or, if license-exempt, the privilege to perform the acts authorized
24by the license for a period of one (1) to three (3) years and shall be liable to the
25department in an amount reasonably necessary to replace any deer, wild turkey, or
26bear taken in violation of KRS 150.390 and for violations of KRS 150.092(4) shall
27be liable to the landowner or occupant for reasonable compensation for damages.
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1Wildlife replacement costs assessed under this subsection shall be ordered to be
2paid directly to the department. The court shall not direct that the damages be paid
3through the circuit clerk. Damages assessed under this subsection shall be ordered
4to be paid directly to the landowner or occupant. The court shall not direct that the
5damages be paid through the circuit clerk. Any person who possesses, takes, or
6molests a wild elk in violation of KRS 150.390 or administrative regulations
7promulgated under authority of that section shall be fined not less than one
8thousand dollars ($1,000) nor more than five thousand dollars ($5,000) or
9imprisoned for up to six (6) months, or both. In addition to these penalties, the
10person shall pay to the department an amount not to exceed the greater of the
11replacement cost of the wild elk or double any monetary gain realized from the
12illegal activity and shall forfeit his or her license or, if license-exempt, the privilege
13to perform the acts authorized by the license for a period of one (1) to three (3)
14years.
15 (12) Any person who violates any of the provisions of KRS 150.090 other than a
16criminal homicide or an assault against an officer enforcing the provisions of this
17chapter, KRS Chapter 235, or the administrative regulations issued thereunder shall
18be guilty of a Class A misdemeanor.
19 (13) Any person who commits a criminal homicide or an assault against an officer
20enforcing the provisions of this chapter, KRS Chapter 235, or the administrative
21regulations issued thereunder shall be subject to the penalties specified for the
22offense under KRS Chapter 507 or 508, as appropriate.
23 (14) A person shall be guilty of a Class B misdemeanor upon the first conviction for a
24violation of KRS 150.710. A subsequent conviction shall be a Class A
25misdemeanor.
26 (15) Any person who violates the provisions of KRS 150.092 or the administrative
27regulations promulgated thereunder for which no other penalty is specified
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1elsewhere in this section shall for the first offense be fined not less than one
2hundred dollars ($100) nor more than three hundred dollars ($300); for the second
3offense, be fined not less than three hundred dollars ($300) nor more than one
4thousand dollars ($1,000); and for subsequent offenses, shall forfeit the license or,
5if license-exempt, the privilege to perform the acts authorized by the license, for
6one (1) year and shall be fined not less than one thousand dollars ($1,000) or be
7imprisoned in the county jail for up to one (1) year, or both. In addition to the
8penalties prescribed in this subsection, the violator shall be liable to the landowner
9or tenant for the replacement cost of any property which was damaged or destroyed
10by his or her actions. Damages assessed under this subsection shall be ordered to be
11paid directly to the landowner or the tenant. The court shall not direct that the
12damages be paid through the circuit clerk.
13 (16) (a)       Any person who knowingly violates KRS 150.361 shall for a first offense be
14fined not less than one hundred dollars ($100) nor more than one thousand
15dollars ($1,000) or be imprisoned in the county jail for not more than six (6)
16months, or both.
17(b)     Any person who knowingly violates KRS 150.361 shall for a second or
18subsequent offense be fined not less than five hundred dollars ($500) nor
19more than one thousand five hundred dollars ($1,500) or be imprisoned in the
20county jail for not more than six (6) months, or both.
21(c)     In addition to the penalties specified in paragraphs (a), (b), and (d) of this
22subsection, a person knowingly violating KRS 150.361 shall forfeit his or her
23hunting license or, if license-exempt, the privilege to perform the acts
24authorized by the license for a period of not less than one (1) nor more than
25three (3) years.
26(d)     In addition to the penalties specified in paragraphs (a), (b), and (c) of this
27subsection any person knowingly violating KRS 150.361 shall be liable to the
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1department in an amount not to exceed the greater of the replacement value of
2any wildlife killed or wounded in violation of KRS 150.361 or double the
3amount of the monetary gain from knowingly violating KRS 150.361.
4(e)     Wildlife replacement costs or other costs specified in paragraph (d) of this
5subsection shall be ordered paid directly to the department. The court shall not
6direct that the replacement costs be paid through the circuit clerk.
7 (17) Any person convicted of violating KRS 150.186 shall be guilty of a Class A
8misdemeanor and shall, whether licensed or license-exempt, forfeit his or her right
9to hunt, fish, trap, or be licensed as a guide for a period of ten (10) years.
10 (18) Any person convicted of violating subsection (3) of Section 1 of this Act shall be
11guilty of a Class A misdemeanor for the first offense and a Class D felony for
12each subsequent offense.
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