It is unlawful for any person to hunt, shoot, or in any way kill deer from a motorboat, raft, or other water conveyance or to molest deer while any part of the deer is in the water. Any person violating the provisions of this section is guilty of a misdemeanor and, upon conviction, must be imprisoned for not less than thirty days nor more than ninety days or be fined not less than one hundred dollars nor more than five hundred dollars.
"Hunting", as used in this section in reference to a vehicle, boat, or device, includes the transportation of a hunter to or from the place of hunting in violation of this section, or the transportation of the carcass of a deer, or any part of a deer, which has been unlawfully hunted or killed in violation of this section.
In addition to the penalty herein, every boat, raft, or other water conveyance, vehicle, animal, firearm, and any other device being used in the violation of this section must be confiscated and delivered to the department.
For purposes of this section, a conviction for unlawfully hunting deer from boats or other water conveyances is conclusive as against any convicted owner of the above-mentioned property.
In all other cases, the forfeiture and sale is accomplished by the procedure set forth in Section 50-11-740.
HISTORY: [Derived from former Section 50-11-2080 (1962 Code Section 28-456; 1952 Code Section 28-456; 1942 Code Section 1783; 1939 (41) 427; 1947 (45) 316; 1952 (47) 2179; 1963 (53) 487; 1972 (57) 2372, 2431; 1982 Act No. 462, Section 2)]; 1988 Act No. 561, Section 1; 1993 Act No. 181, Section 1262.