§195D-9  Penalty.  (a)  Any person who
violates any of the provisions [or] this chapter of the provisions of any rule
adopted hereunder shall be guilty of a misdemeanor and shall be punished as
follows:



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



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



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



(c)  The disposition of fines collected for
violations of the provisions concerning wildlife conservation shall be subject
to section 183D-10.5.



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



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



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



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



(e)  In addition, an administrative fine of up
to $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 adopted
thereunder.



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