[§187A-12.5]  General administrative
penalties.  (a)  Except as otherwise provided by law, the board is
authorized to set, charge, and collect administrative fines and to recover
administrative fees and costs, including attorney's fees and costs, or bring
legal action to recover administrative fines, fees, and costs, including
attorney's fees and costs, or payment for damages or for the cost to correct
damages resulting from a violation of subtitle 5 of title 12 or any rule
adopted thereunder.



(b)  For violations involving threatened or
endangered 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 a
previous violation, a fine of not more than $10,000; and



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



(c)  For all other violations the
administrative 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 a
previous violation, a fine of not more than $2,000; and



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



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



(e)  In addition to subsection (c), a fine of
up 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 adopted
thereunder.



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