A. When a person is convicted of a wildlife offense which involves a species of wildlife listed in Section 5-411 of this title or a species referenced in Section 5-412 of this title and involves the unlawful possession, taking or killing of the wildlife from an unlawful hunt, chase, trap, capture, shooting, killing or slaughter, netting, shocking, or poisoning, by any means, the court, in addition to the execution of sentence in whole or in part, shall order the convicted defendant to provide restitution to the Oklahoma Department of Wildlife Conservation.
The amount of restitution shall be not less than One Hundred Dollars ($100.00) nor more than Five Thousand Dollars ($5,000.00) depending on the species, the type of specimen and the value of that animal to the wildlife resources of the state. The Department of Wildlife Conservation shall provide the court with a recommendation on the replacement cost. The court shall also take into consideration any previous convictions for violations of any fish and wildlife laws or regulations by the offender.
B. When a person is convicted of a wildlife offense which involves any species of wildlife other than those listed or referenced in Sections 5-411 and 5-412 of this title and involves the unlawful possession, taking or killing of the wildlife from an unlawful hunt, chase, trap, capture, shooting, killing or slaughter, netting, shocking, or poisoning, by any means, the court, in addition to the execution of sentence in whole or in part, shall order the convicted defendant to provide restitution to the Oklahoma Department of Wildlife Conservation. The amount of restitution shall be not less than Ten Dollars ($10.00) nor more than Five Thousand Dollars ($5,000.00) depending on the species, the type of specimen and the value of that animal to the wildlife resources of the state. The Department of Wildlife Conservation shall provide the court with a recommendation on the replacement cost. The court shall also take into consideration any previous convictions for violations of any fish and wildlife laws or regulations by the offender.
C. One hundred percent (100%) of the amount of restitution shall be forfeited to the Oklahoma Department of Wildlife Conservation in the event of a guilty plea or a conviction.
Added by Laws 1991, c. 182, § 50, eff. Sept. 1, 1991. Amended by Laws 2010, c. 80, § 4, emerg. eff. April 12, 2010.
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