Section 6: Penalties; disposition of fines received

396 words·~2 min read·/ma/part-i/title-xix/chapter-131a/6

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Section 6.

(a)Any person who violates the provisions of the first paragraph of section two or the rules and regulations promulgated thereunder, shall be punished by a fine of not less than five hundred dollars or imprisonment for not more than ninety days or both such fine and imprisonment. Upon a second or subsequent conviction such person shall be punished by a fine of not less than five thousand dollars nor more than ten thousand dollars or by imprisonment for not more than one hundred and eighty days or both such fine and imprisonment.

(b)Any person who violates the provisions of the second paragraph of section two or rules and regulations promulgated thereunder, shall be punished by a fine of not less than one thousand dollars nor more than ten thousand dollars or by imprisonment for not more than ninety days or both such fine and imprisonment. Upon a subsequent conviction, such person shall be punished by a fine of not less than ten thousand dollars nor more than twenty thousand dollars or by imprisonment for not more than one hundred and eighty days or both such fine and imprisonment. In addition or as an alternative to such penalties, any such person may be ordered to restore the significant habitat to its prior condition.

(c)Any person who violates section 2 or any rule or regulation adopted under this chapter shall be subject to a civil assessment not to exceed $10,000 for each such violation. The civil assessment may be asserted in an action brought on behalf of the commonwealth in a court of competent jurisdiction.

The superior court shall have jurisdiction to enjoin violations of, or to grant such additional relief as it deems necessary or appropriate to secure compliance with this chapter upon petition of the director or the attorney general.

(d)The commission of a prohibited act with respect to each individual animal or plant, or part thereof, shall constitute a separate violation.

(e)All fines and assessments received on account of litigation or settlement thereof for a violation of this chapter or the regulations promulgated thereunder shall be paid to the commonwealth and shall be deposited into the Natural Heritage Endangered Species Fund established pursuant to section 35D of chapter 10 for the purpose of aiding in the protection and enhancement of rare, threatened and endangered species in the commonwealth.