[§188-39.5]  Manta rays; prohibitions,
penalties and fines.  (a)  No person shall knowingly capture or kill a
manta ray within state marine waters.



(b)  Any person violating this section or any
rule adopted pursuant to this section shall be guilty of a misdemeanor and
shall be fined:



(1)  $500 for a first offense;



(2)  $2,000 for a second offense; and



(3)  $10,000 for a third or subsequent offense.



(c)  In addition to any other penalty imposed
under this section, a person violating this section shall be subject to:



(1)  An administrative fine of not more than $10,000
for each manta ray captured or killed in violation of this section;



(2)  Seizure and forfeiture of any captured manta
rays, commercial marine license, vessel, and fishing equipment; and



(3)  Assessment of administrative fees and costs, and
attorney's fees and costs.



(d)  The criminal penalties and administrative
fines and costs shall be assessed per manta ray captured or killed in violation
of this section.



(e)  This section shall not prohibit special
activity permits allowed under section 187A-6; provided that the permit issued
does not allow a take that exceeds the potential biological removal level; and
provided further that the department shall adopt rules to define a
"take" and determine when a take exceeds the potential biological
removal level. [L 2009, c 92, §2]