§ 71-0925. Civil penalties.

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. (a) 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 aid of an artificial light, not less than five hundred
dollars and not more than one thousand dollars for the first deer taken
and a further penalty of not less than five hundred dollars and not more
than one thousand dollars for each succeeding deer taken; provided,
however, that any person having been held liable for a violation
pursuant to this paragraph in the preceding five years shall be subject
to a fine of not less than seven hundred fifty dollars and not more than
two thousand dollars for the first deer taken and a further penalty of
not less than seven hundred fifty dollars and not more than two thousand
dollars for each succeeding deer taken;

(b) If the violation involves any illegal taking of a wild deer, other
than a taking described in paragraph (a) of this subdivision, five
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 four thousand dollars, and an additional penalty of not more
than seven hundred 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 two thousand dollars, and an additional penalty
of not more than four 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.

15. If the violation was a first or second violation of section
11-0514 of this chapter, a fine of up to five hundred dollars for each
animal for each act of importation, possession, introduction, sale,
offer for sale, distribution, transportation or otherwise marketing or
trading. For a third or subsequent separate violation of section
11-0514 of this chapter, the greater of a. a fine of one thousand
dollars for each animal for each act of importation, breeding,
possession, introduction, sale, offer for sale, distribution,
transportation or otherwise marketing or trading or b. an amount equal
to three times (1) the financial security provided by customers for the
opportunity to take the animal or (2) the value of a boar for meat
production or as breeding stock.

16. If the violation was an act prohibited by section 11-0535-a of
this chapter, not more than three thousand dollars or not more than two
times the value of the article involved, whichever is greater. If the
violation is a second or subsequent violation of such section 11-0535-a,
not more than six thousand dollars or not more than three times the
value of the article involved, whichever is greater.

17. If the violation was an act prohibited by section 11-0535-b of
this chapter, not more than one thousand dollars or not more than two
times the value of the article involved, whichever is greater. If the
violation is a second or subsequent violation of such section 11-0535-b,
not more than two thousand dollars or not more than three times the
value of the article involved, whichever is greater.