§ 71-1929. Violations; civil liability.

1. A person who violates any of the provisions of, or who fails to
perform any duty imposed by titles 1 through 11 inclusive and title 19
of article 17, or the rules, regulations, orders or determinations of
the commissioner promulgated thereto or the terms of any permit issued
thereunder, shall be liable to a penalty of not to exceed thirty-seven
thousand five hundred dollars per day for each violation, and, in
addition thereto, such person may be enjoined from continuing such
violation as hereinafter provided. Violation of a permit condition shall
constitute grounds for revocation of such permit, which revocation may
be accomplished either as provided in paragraph f of subdivision 4 of
section 17-0303 or by order of judgment of the supreme court as an
alternate or additional civil penalty in an action brought pursuant to
subdivision 3 of this section.

2. Any penalties for violations of titles 1 through 11 inclusive and
title 19 of article 17 resulting in the killing of fish or shellfish,
shall be credited to the conservation fund established by section 83 of
the State Finance Law and shall be available for the uses and purposes
of such fund.

3. The penalties provided by subdivisions one and two shall be
recoverable in an action brought by the Attorney General.

4. An action or cause of action for the recovery of a penalty under
this title may be settled or compromised by the Attorney General after
proceedings are brought to recover such penalties and prior to the entry
for judgment therefor.