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33-6.110. Division action to recover possession and value of wildlife unlaw- <br />fully taken. (I) The division may bring and maintain a civil action against <br />any person, in the name of the people of the state, to recover possession <br />or value or both possession and value of any wildlife taken in violation of <br />articles Ito 6 of this title. A writ of replevin may issue in such an action ` <br />without bond. No previous demand (or possession shall be necessary. If costs <br />or damages are adjudged in favor of the defendant, the same shall be paid <br />out of the wildlife cash fund. Neither the pendency of such civil action nor <br />a criminal prosecution for the same taking shall be a bar to the other; nor <br />shall anything in this section affect the right of seizure under other provisions <br />of articles I to 6 of this title. The following shall be considered the minimum <br />value of the wildlife unlawfully taken or possessed and may be recovered <br />in addition to recovery of possession of the wildlife: <br />(a) For each eagle, member of an endangered species. <br />rocky mountain goat, moose, rocky mountain bighorn <br />sheep, or lynx .......................................................... $1.000 <br />(b) For each elk or member of a threatened species <br />or subspecies ........................................................... b 700 <br />(c) For each antelope, deer, black bear, or mountain <br />lion ........................................................................ 5 500 <br />(d) For each raptor not covered by paragraph (a) or <br />(b) of this subsection (I) and each wild turkey ................ 5 200 <br />(e) For each member of nongame or small game spe- <br />cies or subspecies not covered by paragraph (a) or (b) of <br />this subsection (1) ...................................................... b 100 <br />(f) For each game fish not covered by paragraph la) <br />or (b) of this subsection (f) ......................................... 5 35 <br />(2) No verdict or judgment recovered by the state in such an action shall <br />be for a sum less than the sum fixed in this section but may be for such <br />greater sum as the evidence ma}• show the value of the wildlife to have been <br />when living and uninjured. <br />311-102. Defutitiaas. As used in this title, unless the context otherwise <br />requires: <br />• . <br />(43) "Take" or "hunt" means to pursue, shoot, wound, kill, trap, pos- <br />sess, capture, collect, attract, stalk, or tie in wait or to attempt any of the <br />foregoing for the propose of taking wildlife, whether or not such wildlife is <br />then or subsequent)}• taken: but such terms shall not include stalking, a[tract- <br />ing, or searching (or or lying in wait for wildlife by an unarmed person solely <br />for the purpose of watching wildlife or taking pictures thereof or accidental <br />wounding or killing by a motor vehicle, locomotive, or train. <br />