Section 11206 - Night hunting1. Prohibition. Except as otherwise provided in this Part, a person may not:A. Hunt wild birds or wild animals from 30 minutes after sunset to 30 minutes before sunrise of the following day; or [2003, c. 592, §3(RPR); 2003, c. 592, §5(AFF); 2003, c. 614, §9(AFF); 2003, c. 655, Pt. C, §§5, 6(AFF).]B. [2003, c. 592, §3(RP); 2003, c. 592, §5(AFF); 2003, c. 614, §9(AFF); 2003, c. 655, Pt. C, §§5, 6(AFF).]C. Possess any wild animal or wild bird taken in violation of paragraph A. [2003, c. 592, §3(RPR); 2003, c. 592, §5(AFF); 2003, c. 614, §9(AFF); 2003, c. 655, Pt. C, §§5, 6(AFF).] [2003, c. 592, §3(RPR); 2003, c. 592, §5(AFF); 2003, c. 614, §9(AFF); 2003, c. 655, Pt. C, §§5, 6(AFF).]
2. Penalty. The following penalties apply to violations of this section. A. A person who violates subsection 1 commits a Class D crime for which the court shall impose a sentencing alternative of not less than 3 days for the first offense, none of which may be suspended, and of not less than 10 days for each succeeding offense, none of which may be suspended; the court also shall impose a fine of not less than $1,000, none of which may be suspended. [2003, c. 592, §3(NEW); 2003, c. 592, §5(AFF); 2003, c. 655, Pt. C, §§5, 6(AFF).]B. A person who violates subsection 1 and is in possession of night vision equipment commits a Class D crime for which the court shall impose a sentencing alternative of not less than 3 days for the first offense, none of which may be suspended; the court also shall impose a fine of not less than $2,000, none of which may be suspended. [2003, c. 592, §3(NEW); 2003, c. 592, §5(AFF); 2003, c. 655, Pt. C, §§5, 6(AFF).]C. A person who violates subsection 1, is in possession of night vision equipment and has been convicted of a Class D crime within the past 10 years under Title 12, Part 13 commits a Class D crime for which the court shall impose a sentencing alternative of not less than 6 days for the first offense, none of which may be suspended, and of not less than 10 days for each succeeding offense, none of which may be suspended; the court also shall impose a fine of not less than $2,000, none of which may be suspended. [2003, c. 592, §3(NEW); 2003, c. 592, §5(AFF); 2003, c. 655, Pt. C, §§5, 6(AFF).] For purposes of this subsection, "night vision equipment" means a light amplification or thermal imaging device.
[2003, c. 592, §3(NEW); 2003, c. 592, §5(AFF); 2003, c. 655, Pt. C, §§5, 6(AFF).]
2003, c. 414, §A2 (NEW) . 2003, c. 414, §D7 (AFF) . 2003, c. 592, § 3 (RPR) . 2003, c. 592, § 5 (AFF) . 2003, c. 614, § 9 (AFF) . 2003, c. 655, §§C5,6 (AFF) .