A.
No permit. Anyone convicted of taking shellfish without
a taker's permit or dealing in shellfish for commercial purposes without
a buyer's or buyer's helper permit as required by this chapter shall
be guilty of a violation, punishable by the following, as applicable:
(1)
First conviction. For a first conviction, by a fine
of not more than two hundred and fifty ($250) dollars and a civil
penalty of not less than two hundred ($200) dollars nor more than
five hundred ($500) dollars;
(2)
Second or subsequent convictions. For a second or
subsequent conviction within five (5) years of a previous conviction
for a like offense, by a fine of not more than one thousand ($1,000)
dollars and a civil penalty of not less than five hundred ($500) dollars
nor more than one thousand ($1,000) dollars.
B.
Invalid permit. Anyone convicted of taking shellfish
or dealing in shellfish for commercial purposes while their permit
has been revoked or suspended because of a prior violation of this
chapter shall be guilty of a misdemeanor, punishable by the following:
for a conviction, by a fine not less than one thousand ($1,000) dollars
nor more than two thousand ($2,000) dollars or imprisonment for not
less than six (6) months nor more than one (1) year, or by both such
fine and imprisonment.
C.
Unlawful conduct. Anyone convicted of taking shellfish
in uncertified areas; taking shellfish between sunset and sunrise;
violating the prohibition against using any type of motor, ignited
or engaged, to power a vessel during the taking or harvesting of shellfish;
violating prohibitions, restrictions or regulations with regard to
taking shellfish from a management area; or violating prohibitions
for possession of, dealing in or otherwise transferring undersized
shellfish, shall be guilty and punishable by the following, as applicable:
(1)
First conviction. For a first conviction for each
offense, a violation, punishable by a fine of not less than five hundred
($500) dollars nor greater than one thousand ($1,000) dollars or imprisonment
for not more than fifteen (15) days, or by both such fine and imprisonment.
(2)
Second or subsequent convictions. For a second and
subsequent conviction within five (5) years of a previous conviction
for a like offense:
(a)
A misdemeanor, punishable by a fine of not less
than one thousand ($1,000) dollars nor more than two thousand five
hundred ($2,500) dollars or by imprisonment for not more than one
(1) year, or by both such fine and imprisonment; and
(b)
Mandatory revocation of any shellfish taker's
permit and/or buyer's/buyer's helper permit for not less than three
(3) years nor greater than five (5) years.
D.
Interference with inspections. Anyone convicted of
violating the inspection provisions of this chapter shall be guilty
of a violation, punishable by a fine of not less than five hundred
($500) dollars nor more than one thousand ($1,000) dollars or imprisonment
for not more than thirty (30) days, or by both such fine and imprisonment.
Each shellfish container involved in said violation shall constitute
a separate offense.
E.
Unlawful procedures. Anyone convicted of violating
the provisions of this chapter regarding means of taking and handling
shellfish; packing, identification and quantity restrictions; or season
restrictions shall be guilty and punishable by the following, as applicable:
(1)
First conviction. For a first conviction, a violation,
punishable by a fine of not more than one hundred ($100) dollars nor
more than three hundred ($300) dollars.
(2)
Second or subsequent convictions. For a second or
subsequent conviction within five years of a previous conviction for
a like offense:
(a)
A misdemeanor, punishable by a fine of not less
than three hundred ($300) dollars nor more than one thousand ($1,000)
dollars or by imprisonment for not less than three (3) months nor
more than one (1) year, or by both such fine and imprisonment; and
(b)
Mandatory revocation of any shellfish taker's
permit and ineligibility to hold any permit under this chapter for
a period of three (3) years.
F.
Violations, generally. Anyone convicted of violating
any provisions of this chapter not covered above in this section shall
be guilty of a violation, punishable by a fine of not more than two
hundred fifty ($250) dollars or imprisonment for not more than fifteen
(15) days, or by both such fine and imprisonment.
If any clause, sentence, paragraph, subdivision,
section or other part of this chapter shall for any reason be adjudged
by any court of competent jurisdiction to be unconstitutional or otherwise
invalid, such judgment shall not affect, impair or invalidate the
remainder of this chapter, and it shall be construed to have been
the legislative intent to enact this chapter without such unconstitutional
or invalid parts therein.
