Section 49-5-117 - Construction

(a) None of the provisions of Sections 49-5-101 through 49-5-119 shall be construed to apply retroactively or to prohibit importation into the state of wildlife which may be lawfully imported into the United States or lawfully taken or removed from another state or to prohibit entry into the state or possession, transportation, exportation, processing, sale or offer for sale or shipment of any wildlife whose species or subspecies is deemed to be threatened with statewide extinction in this state but not in the state where originally taken if the person engaging therein demonstrates by substantial evidence that such wildlife was lawfully taken or removed from such state; provided, that this subsection shall not be construed to permit the possession, transportation, exportation, processing, sale or offer for sale or shipment within this state of wildlife on the United States' List of Endangered Native Fish and Wildlife, as amended and accepted in accordance with subsection (d) of Section 49-5-109, except as permitted in the proviso by subsection (c) of Section 49-5-109 and subsection (d) of Section 49-5-111.(b) If any provision of Sections 49-5-101 through 49-5-119 or the

of Section 49-5-109, except as permitted in the proviso by subsection (c) of Section 49-5-109 and subsection (d) of Section 49-5-111.(b) If any provision of Sections 49-5-101 through 49-5-119 or the application thereof to any person or circumstance is held invalid, the remainder of such sections, and the application of such provision to other persons or circumstances, shall not be affected thereby.Laws, 1974, ch. 512, § 9, eff. 7/1/1974.