§195D-9  Penalty.  (a)  Any person whoviolates any of the provisions [or] this chapter of the provisions of any ruleadopted hereunder shall be guilty of a misdemeanor and shall be punished asfollows:

(1)  For a first offense by a fine of not less than $250or by imprisonment of not more than one year, or both; and

(2)  For a second or subsequent offense within fiveyears of a previous conviction by a fine of not less than $500 or byimprisonment of not more than one year, or both.

(b)  In addition to the above penalties, exceptfor violations under approved habitat conservation plans under section 195D-21or approved safe harbor agreements under section 195D-22 as determined by theboard, a fine of $5,000 for each specimen of a threatened species and $10,000for each specimen of an endangered species intentionally, knowingly, orrecklessly killed or removed from its original growing location, shall belevied against the convicted person.

(c)  The disposition of fines collected forviolations of the provisions concerning wildlife conservation shall be subjectto section 183D-10.5.

(d)  Except as otherwise provided by law, theboard or its authorized representative by proper delegation is authorized toset, charge, and collect administrative fines or bring legal action to recoveradministrative fees and costs as documented by receipts or affidavit, includingattorneys' fees and costs, or bring legal action to recover administrativefines, fees, and costs, including attorneys' fees and costs, or payment fordamages or for the cost to correct damages resulting from a violation of thischapter or any rule adopted thereunder.  The administrative fines shall be asfollows:

(1)  For a first violation, a fine of not more than$2,500;

(2)  For a second violation within five years of aprevious violation, a fine of not more than $5,000; and

(3)  For a third or subsequent violation within fiveyears of the last violation, a fine of not more than $10,000.

(e)  In addition, an administrative fine of upto $5,000 may be levied for each specimen of wildlife or plant taken, killed,injured, or damaged in violation of this chapter or any rule adoptedthereunder.

(f)  Any criminal action against a person forany violation of this chapter or any rule adopted thereunder shall not bedeemed to preclude the State from pursuing civil legal action to recoveradministrative fines and costs against that person.  Any civil legal actionagainst a person to recover administrative fines and costs for any violation ofthis chapter or any rule adopted thereunder shall not be deemed to preclude theState from pursuing any criminal action against that person. [L 1975, c 65, ptof §1; am L 1983, c 111, §10; am L 1988, c 67, §3; am L 2001, c 93, §2]