§188-70  Penalties.  (a)  Any person violating any provision of or any rule adopted pursuant to this chapter, except sections 188-23, 188-39.5, and 188-40.8, is guilty of a petty misdemeanor and, in addition to any other penalties, shall be fined no less than:

     (1)  $100 for a first offense;

     (2)  $200 for a second offense; and

     (3)  $500 for a third or subsequent offense.

     (b)  A fine in addition to the fine under subsection (a) may be levied for each specimen of aquatic life taken, killed, or injured in violation of this chapter or any rule adopted thereunder as follows:

     (1)  For a first offense, up to $100 or the retail market value of the specimen, whichever is higher;

     (2)  For a second offense, up to $200 or the retail market value of the specimen, whichever is higher; and

     (3)  For a third or subsequent offense, up to $500 or the retail market value of the specimen, whichever is higher.

     (c)  Any person violating section 188-23, is guilty of a class C felony and shall be sentenced pursuant to chapter 706; provided that the environmental court, in addition to any term of imprisonment or any other terms and conditions of probation, shall order the defendant to pay a fine of not less than $1,000.  Notwithstanding section 706-669 and any other law to the contrary, any person in violation of section 188-23(b), as a first offense, shall be sentenced to a mandatory minimum period of imprisonment without possibility of parole of thirty days.  Repeat offenders shall be sentenced pursuant to chapter 706.

     (d)  The environmental court may require the defendant to complete an aquatic resources educational class administered by the department of land and natural resources in addition to or in lieu of paying all or any part of any monetary fine authorized by this section.

     (e)  The environmental court may direct the defendant to perform community service as administered by the department of land and natural resources in lieu of paying any monetary fine authorized by this section; provided that if community service is ordered pursuant to this subsection, the department of land and natural resources may recommend to the environmental court an order of community service that benefits the resource that was damaged.

     (f)  The department of land and natural resources may recommend to the environmental court that the defendant be sentenced to probation with probationary terms and conditions consistent with sections 706-623 and 706-624, including but not limited to restrictions on:

     (1)  Entering specific geographical areas within waters of the State where aquatic resources may be found, including ocean waters, estuaries, rivers, and streams;

     (2)  Engaging in certain fishing activities;

     (3)  Handling, operating, or possessing certain fishing gear or boating equipment; and

     (4)  Taking or possessing certain species of aquatic life. [L 1981, c 85, §77; am L 1988, c 374, §2; am L 1993, c 256, §4; am L 1999, c 195, §6; am L 2009, c 92, §3; am L 2014, c 218, §8; am L 2016, c 67, §2; am L 2017, c 12, §10; am L 2021, c 51, §3; am L 2022, c 35, §4]

Cross References

  General administrative penalties, see §187A-12.5.

Case Notes

  As sentencing court limited to alternatives expressly enumerated in this section and probation not an enumerated alternative, offense of fishing with gill nets under §188-30.2 nonprobationable; thus, under §853-4(5), deferred acceptance of no contest plea not allowed for that offense.  87 H. 102, 952 P.2d 390 (1998).