17-340 - Revocation, suspension and denial of privilege of taking wildlife; civil penalty; notice; violation; classification

17-340. Revocation, suspension and denial of privilege of taking wildlife; civil penalty; notice; violation; classification

A. On conviction, on entering a deferred prosecution agreement or after adjudication as a delinquent juvenile as defined in section 8-201 and in addition to other penalties prescribed by this title, the commission, after a public hearing, may revoke or suspend a license issued to any person under this title and deny the person the right to secure another license to take or possess wildlife for a period of not to exceed five years for:

1. Unlawful taking, unlawful selling, unlawful offering for sale, unlawful bartering or unlawful possession of wildlife.

2. Careless use of firearms that resulted in the injury or death of any person.

3. Destroying, injuring or molesting livestock or damaging or destroying growing crops, personal property, notices or signboards or other improvements while hunting, trapping or fishing.

4. Littering public hunting or fishing areas while taking wildlife.

5. Knowingly allowing another person to use the person's big game tag, except as provided by section 17-332, subsection D.

6. A violation of section 17-303, 17-304, 17-316 or 17-341 or section 17-362, subsection A.

7. A violation of section 17-309, subsection A, paragraph 5 involving a waste of edible portions other than meat damaged due to the method of taking as follows:

(a) Upland game birds, migratory game birds and wild turkey: breast.

(b) Deer, elk, pronghorn (antelope), bighorn sheep, bison (buffalo) and peccary (javelina): hind quarters, front quarters and loins.

8. A violation of section 17-309, subsection A, paragraph 1 involving any unlawful use of aircraft to take, assist in taking, harass, chase, drive, locate or assist in locating wildlife.

9. A violation of title 13 involving the taking or possession of wildlife.

B. An active license revocation for an agreement to defer prosecution terminates after the licensee provides proof to the commission that:

1. The licensee satisfactorily completed the terms and obligations of a deferred prosecution program.

2. The criminal charges filed against the licensee are dismissed.

3. The licensee completed all required training courses.

4. The licensee paid in full all civil penalties imposed pursuant to section 17-314.

C. On conviction or after adjudication as a delinquent juvenile and in addition to any other penalties prescribed by this title:

1. For a first conviction or a first adjudication as a delinquent juvenile, for unlawfully taking or wounding wildlife at any time or place, the commission, after a public hearing, may revoke, suspend or deny the person's privilege to take wildlife for a period of up to five years.

2. Notwithstanding subsection B of this section, for a second conviction, on entering a second agreement to defer prosecution, for a second adjudication as a delinquent juvenile or any combination of convictions, deferred prosecution agreements or adjudications that constitute a second final disposition, for unlawfully taking or wounding wildlife at any time or place, the commission, after a public hearing, may revoke, suspend or deny the person's privilege to take wildlife for a period of up to ten years.

3. Notwithstanding subsection B of this section, for a third conviction, on entering a third agreement to defer prosecution, for a third adjudication as a delinquent juvenile or any combination of convictions, deferred prosecution agreements or adjudications that constitute a third final disposition, for unlawfully taking or wounding wildlife at any time or place, the commission, after a public hearing, may revoke, suspend or deny the person's privilege to take wildlife permanently.

D. In accordance with title 41, chapter 6, article 10 and notwithstanding subsection A of this section, a person against whom the commission imposes a civil penalty under section 17-314 for the unlawful taking, wounding, killing or possession of wildlife may be denied the right to obtain a license to take wildlife until the person pays the civil penalty in full.

E. On receiving a report from the licensing authority of a state that is a party to the wildlife violator compact adopted under chapter 5 of this title that a resident of this state has failed to comply with the terms of a wildlife citation, the commission, after a public hearing, may suspend any license issued under this title to take wildlife until the licensing authority furnishes satisfactory evidence of compliance with the terms of the wildlife citation.

F. In carrying out this section, the director shall notify the licensee, within one hundred eighty days after conviction, to appear and show cause why the license should not be revoked, suspended or denied. The notice may be served personally or by certified mail sent to the address appearing on the license.

G. The commission shall furnish to license dealers the names and addresses of persons whose licenses have been revoked or suspended and the periods for which they have been denied the right to secure licenses.

H. The commission may use the services of the office of administrative hearings to conduct hearings and to make recommendations to the commission pursuant to this section.

I. Except for a person who takes or possesses wildlife while under permanent revocation, a person who takes wildlife in this state, or attempts to obtain a license to take wildlife, at a time when the person's privilege to do so is suspended, revoked or denied under this section is guilty of a class 1 misdemeanor.