[§187A-12.5]  General administrativepenalties.  (a)  Except as otherwise provided by law, the board isauthorized to set, charge, and collect administrative fines and to recoveradministrative fees and costs, including attorney's fees and costs, or bringlegal action to recover administrative fines, fees, and costs, includingattorney's fees and costs, or payment for damages or for the cost to correctdamages resulting from a violation of subtitle 5 of title 12 or any ruleadopted thereunder.

(b)  For violations involving threatened orendangered species, the administrative fines shall be as follows:

(1)  For a first violation, a fine of not more than$5,000;

(2)  For a second violation within five years of aprevious violation, a fine of not more than $10,000; and

(3)  For a third or subsequent violation within fiveyears of the last violation, a fine of not more than $15,000.

(c)  For all other violations theadministrative fines shall be as follows:

(1)  For a first violation, a fine of not more than $1,000;

(2)  For a second violation within five years of aprevious violation, a fine of not more than $2,000; and

(3)  For a third or subsequent violation within fiveyears of the last violation, a fine of not more than $3,000.

(d)  In addition to subsection (b), a fine ofup to $5,000 may be levied for each specimen of threatened or endangeredaquatic life taken, killed, or injured in violation of subtitle 5 of title 12or any rule adopted thereunder.

(e)  In addition to subsection (c), a fine ofup to $1,000 may be levied for each specimen of all other aquatic life taken,killed, or injured in violation of subtitle 5 of title 12 or any rule adoptedthereunder.

(f)  Any criminal penalty for any violation ofsubtitle 5 of title 12 or any rule adopted thereunder shall not be deemed topreclude the State from recovering additional administrative fines, fees, andcosts, including attorney's fees and costs. [L 1998, c 243, §1]