§150A-14  Penalty.  (a)  Any person whoviolates any provision of this chapter other than sections 150A-5, 150A-6(3),and 150A-6(4) or who violates any rule adopted under this chapter other thanthose rules involving an animal that is prohibited or a plant, animal, ormicroorganism that is restricted, without a permit, shall be guilty of amisdemeanor and fined not less than $100.  The provisions of section 706-640notwithstanding, the maximum fine shall be $10,000.  For a second offensecommitted within five years of a prior offense, the person or organizationshall be fined not less than $500 and not more than $25,000.

(b)  Any person who violates section 150A-5shall be fined not less than $100 and not more than $10,000.  For a secondviolation committed within five years of a prior violation, the person may befined not less than $500 and not more than $25,000.

(c)  Notwithstanding section 706-640:

(1)  Any person or organization that violates section150A-6(3) or 150A-6(4), or owns or intentionally transports, possesses,harbors, transfers, or causes the importation of any snake or other prohibitedanimal seized under section 150A-7(b), or whose violation involves an animalthat is prohibited or a plant, animal, or microorganism that is restricted, withouta permit, shall be guilty of a misdemeanor and subject to a fine of not lessthan $5,000, but not more than $20,000; and

(2)  Any person or organization who intentionallytransports, harbors, or imports with the intent to propagate, sell, or releaseany animal that is prohibited or any plant, animal, or microorganism that isrestricted, without a permit, shall be guilty of a class C felony and subjectto a fine of not less than $50,000, but not more than $200,000.

(d)  Whenever a court sentences a person ororganization pursuant to subsection (a) or (c) for an offense which hasresulted in the escape or establishment of any pest and caused the departmentto initiate a program to capture, control, or eradicate that pest, the courtshall also require that the person or organization pay to the state generalfund an amount of money to be determined in the discretion of the court uponadvice of the department, based upon the cost of the development andimplementation of the program.

(e)  The department may, at its discretion,refuse entry, confiscate, or destroy any prohibited articles or restrictedarticles that are brought into the State without a permit issued by thedepartment, or order the return of any plant, fruit, vegetable, or any otherarticle infested with pests to its place of origin or otherwise dispose of itor such part thereof as may be necessary to comply with this chapter.  Anyexpense or loss in connection therewith shall be borne by the owner or theowner's agent.

(f)  Any person or organization thatvoluntarily surrenders any prohibited animal or any restricted plant, animal,or microorganism without a permit issued by the department, prior to theinitiation of any seizure action by the department, shall be exempt from thepenalties of this section.

(g)  For purposes of this section "intentto propagate" shall be presumed when the person or organization inquestion is found to possess, transport, harbor, or import:

(1)  Any two or more animal specimens of the oppositesex that are prohibited or restricted, without a permit;

(2)  Any three or more animal specimens of either sexthat are prohibited or restricted, without a permit;

(3)  Any plant or microorganism having the inherentcapability to reproduce that is restricted, without a permit; or

(4)  Any specimen that is in the process ofreproduction. [L 1985, c 133, §9; am L 1990, c 243, §7; am L 1991, c 104, §2;am L 1992, c 229, §5; am L 1998, c 222, §1; am L 2000, c 211, §§8 to 10; am L2008, c 101, §2]

 

Revision Note

 

  Subsection (g) redesignated pursuant to §23G-15(1).