188-70 Penalties. (a) Any person violating any provision of or any rule adopted pursuant to this chapter, except sections 188-23 and 188-39.5, is guilty of a petty misdemeanor and, in addition to any other penalties, shall be fined not less than:

(1) $100 for a first offense;

(2) $200 for a second offense; and

(3) $500 for a third or subsequent offense.

(b) Any person violating section 188-23, is guilty of a class C felony and shall be sentenced pursuant to chapter 706; provided that the environmental court, in addition to any term of imprisonment or any other terms and conditions of probation, shall order the defendant to pay a fine of not less than $1,000. Notwithstanding section 706-669 and any other law to the contrary, any person in violation of section 188-23(b), as a first offense, shall be sentenced to a mandatory minimum period of imprisonment without possibility of parole of thirty days. Repeat offenders shall be sentenced pursuant to chapter 706.

(c) The environmental court may require the defendant to complete an aquatic resources educational class administered by the department of land and natural resources in addition to or in lieu of paying all or any part of any monetary fine authorized by this section.

(d) The environmental court may direct the defendant to perform community service as administered by the department of land and natural resources in lieu of paying any monetary fine authorized by this section. [L 1981, c 85, 77; am L 1988, c 374, 2; am L 1993, c 256, 4; am L 1999, c 195, 6; am L 2009, c 92, 3; am L 2014, c 218, 8; am L 2016, c 67, 2; am L 2017, c 12, 10]

 

Cross References

 

General administrative penalties, see 187A-12.5.

 

Case Notes

 

As sentencing court limited to alternatives expressly enumerated in this section and probation not an enumerated alternative, offense of fishing with gill nets under 188-30.2 nonprobationable; thus, under 853-4(5), deferred acceptance of no contest plea not allowed for that offense. 87 H. 102, 952 P.2d 390.

 

 

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