Section 71-0925. Civil penalties  


Latest version.
  • The  penalties  referred  to  in section 71-0919, to which a person is
      liable upon violation of provisions of the Fish and Wildlife Law or  any
      order, rule or regulation of the department, shall be:
        1.  Unless  another  penalty  is  specifically  provided  for  in this
      subdivision or elsewhere in the  Fish  and  Wildlife  Law,  two  hundred
      dollars  and an additional penalty of one hundred dollars for each fish,
      bird or animal or part  thereof,  other  than  shellfish  or  crustacea,
      involved  in the violation; an additional penalty of one hundred dollars
      for each bushel of shellfish or each crustacean, including  lobster,  or
      part  thereof,  plus an amount equal to the market value or actual price
      paid, whichever is greater, of the shellfish or  crustacea  involved  in
      the violation;
        2.  Except  as  provided  in subdivision 3 or another provision of the
      Fish and Wildlife Law, if the violation  relates  to  deer,  bear,  elk,
      except  captive  bred  and  raised  North American elk (Cervus elaphus),
      moose, caribou, antelope, wild turkey, lynx, beaver, or a part  thereof,
      two  hundred  dollars,  and an additional penalty of two hundred dollars
      for each such animal or part thereof involved in the violation;
        3. If the violation involves the illegal taking of a deer prior to the
      first day of the open season or after the last day of the open season in
      the county or part of a county in which taken, or  the  taking  of  deer
      with  the  aid  of  an artificial light, or the illegal taking of a wild
      deer, one hundred dollars and an  additional  penalty  of  four  hundred
      dollars  for  the first deer taken and a further penalty of five hundred
      dollars for each succeeding deer taken;
        4. If the violation was an act prohibited by  section  11-1321  or  by
      subdivision  2  of  section  11-0503,  or  by  subdivision  2 of section
      11-0505, or section 13-0345, five hundred  dollars,  and  an  additional
      penalty  of  ten  dollars  for  each  fish taken, killed or possessed in
      violation thereof;
        5. If the violation was any act prohibited by subdivision 1 of section
      11-0503, not less than five hundred dollars nor more than  one  thousand
      dollars  for  each  offense and an additional penalty of ten dollars for
      each fish killed in violation thereof;
        6. If the violation was a violation of paragraph b of subdivision 4 of
      section 11-0321, a violation of subdivision 1 of section 11-2113,  or  a
      violation of section 11-2115, not less than twenty-five dollars nor more
      than  one  hundred dollars; and in addition, as determined by the court,
      to either actual damages or  the  sum  of  ten  dollars  for  each  sign
      injured, defaced or removed in violation of section 11-2113, which shall
      be  payable  to  the person sustaining the damage, injury, defacement or
      removal of such sign, and costs of suit, all of which may  be  recovered
      in the same action;
        7.  If  the  violation  was  a violation of sections 13-0329, 13-0330,
      13-0331, 13-0333, 13-0334, 13-0335, subdivision one of section  13-0337,
      13-0338,  13-0339,  13-0339-a,  13-0340,  13-0340-a  through  13-0340-g,
      13-0341, 13-0342, 13-0343, 13-0347, and 13-0349 of this chapter,  or  of
      any  regulation  adopted pursuant to the foregoing sections, the greater
      of two hundred fifty dollars or:
        a.  for  violations  involving  one  to  five   fish,   shellfish   or
      crustaceans,  twenty-five dollars for each fish, shellfish or crustacean
      taken or possessed in violation of the above sections;
        b. for violations involving six  to  twenty-five  fish,  shellfish  or
      crustaceans,  fifty dollars for each fish, shellfish or crustacean taken
      or possessed in violation of the above sections;
    
        c. for violations involving more than twenty-five fish,  shellfish  or
      crustaceans,  one hundred dollars for each fish, shellfish or crustacean
      taken or possessed in violation of the above sections.
        For  purposes  of  determining  the  applicable  fine pursuant to this
      subdivision, the number of fish, crustaceans or shellfish shall  be  the
      aggregate number involved in the violation, regardless of species;
        7-a. If the violation was a violation of subdivision 1 or 2 of section
      13-0309,  or  section  13-0323  or 13-0327, or section 13-0344, not less
      than two hundred fifty dollars nor more than one  thousand  dollars  for
      each offense;
        7-b.  If  the  violation  was a violation of subdivision one or two of
      section 13-0325 of this chapter there shall  be  a  minimum  penalty  of
      twenty-five  dollars  and  a  maximum  of  two hundred fifty dollars per
      container or bushel involved in the violation.
        7-c. If the violation was a violation of subdivision 4 or 5 of section
      13-0333, not less than two thousand five hundred dollars nor  more  than
      ten thousand dollars for each offense;
        8.  If  a  violation  of subdivisions 1 or 2 of section 13-0309 occurs
      during the time when a permit or license  to  take  shellfish  has  been
      suspended  or  revoked  pursuant  to  the provisions of subdivision 3 of
      section 13-0311 or subparagraph (3) of paragraph b of subdivision  1  of
      section  11-0719,  not  less  than  five  hundred  dollars nor more than
      fifteen hundred dollars for each offense, and in addition the forfeiture
      to the state of the tongs, rakes, dredges or devices  other  than  boats
      used by or in connection with such illegal taking;
        9. If the violation was a failure by any public officer to perform any
      duty  imposed  by the Fish and Wildlife Law or by any rule or regulation
      of the department, one hundred dollars;
        10. If the violation was an act prohibited  by  section  11-2117,  one
      hundred  dollars,  one-half  of  which  shall be payable to the owner or
      occupant of the damaged property, in addition to the actual damages,  if
      any, recoverable by the person sustaining the damage;
        11.  If  the  violation  involved  the illegal taking or possessing of
      muskrats taken from a registered muskrat marsh covered by a permit under
      section 11-1109, when the  violation  is  committed  by  the  registrant
      holding  the permit or other person designated in writing to trap on the
      marsh of such registrant, while the permit is in force,  not  less  than
      one hundred dollars nor more than five hundred dollars;
        12.  If  the violation was a violation of section 11-1731; relating to
      bird plumage for fish-fly tying, five hundred dollars.
        13. If the violation was an  act  prohibited  by  subdivision  two  of
      section  11-0535 or by section 11-0536 of this chapter, or by any lawful
      rule or regulation of the department promulgated pursuant  thereto,  not
      more  than  two  thousand dollars, and an additional penalty of not more
      than three hundred fifty dollars for each  fish,  shellfish,  crustacea,
      wildlife or part thereof involved in the violation. If the violation was
      an  act  prohibited  by  any  regulation  of  the department promulgated
      pursuant to subdivision three of section 11-0535 of this  chapter,  then
      such  penalty  shall  be  not  more  than  one  thousand dollars, and an
      additional penalty of not more than two hundred dollars for  each  fish,
      shellfish,   crustacea,   wildlife  or  part  thereof  involved  in  the
      violation.
        14. If the violation was a violation of  subdivision  ten  of  section
      11-0901 involving the illegal taking of a moose, two thousand dollars.