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

(b)  Any person violating this section or anyrule adopted pursuant to this section shall be guilty of a misdemeanor andshall 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 imposedunder this section, a person violating this section shall be subject to:

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

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

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

(d)  The criminal penalties and administrativefines and costs shall be assessed per manta ray captured or killed in violationof this section.

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