§150A-14  Penalty.  (a)  Any person who
violates 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 than
those rules involving an animal that is prohibited or a plant, animal, or
microorganism that is restricted, without a permit, shall be guilty of a
misdemeanor and fined not less than $100.  The provisions of section 706-640
notwithstanding, the maximum fine shall be $10,000.  For a second offense
committed within five years of a prior offense, the person or organization
shall be fined not less than $500 and not more than $25,000.



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



(c)  Notwithstanding section 706-640:



(1)  Any person or organization that violates section
150A-6(3) or 150A-6(4), or owns or intentionally transports, possesses,
harbors, transfers, or causes the importation of any snake or other prohibited
animal seized under section 150A-7(b), or whose violation involves an animal
that is prohibited or a plant, animal, or microorganism that is restricted, without
a permit, shall be guilty of a misdemeanor and subject to a fine of not less
than $5,000, but not more than $20,000; and



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



(d)  Whenever a court sentences a person or
organization pursuant to subsection (a) or (c) for an offense which has
resulted in the escape or establishment of any pest and caused the department
to initiate a program to capture, control, or eradicate that pest, the court
shall also require that the person or organization pay to the state general
fund an amount of money to be determined in the discretion of the court upon
advice of the department, based upon the cost of the development and
implementation of the program.



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



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



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



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



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



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



(4)  Any specimen that is in the process of
reproduction. [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 L
2008, c 101, §2]



 



Revision Note



 



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