Code of Massachusetts Regulations
302 CMR - DEPARTMENT OF CONSERVATION AND RECREATION
Title 302 CMR 18.00 - Aquatic Nuisance Control Program
Section 18.06 - Penalties

Universal Citation: 302 MA Code of Regs 302.18

Current through Register 1531, September 27, 2024

(1) The following violations will subject a person to a fine of not less than $25 nor more than $100 for the first violation; by a fine of not less than $100 nor more than $500 for a second such violation; and by a fine of not less than $1,000 or imprisonment in a house of correction for not more than 60 days, or both, for a third or subsequent such violation:

(a) Knowingly or intentionally placing, or causing to be placed, an ANS in or upon Inland Waters.

(b) Violation of any section of 302 CMR 18.00.

(c) Placing or causing to be placed in or upon Inland Waters any Vessel, Boat Transporter, Truck-trailer Boat Transporter or any other equipment used in conjunction with them that has any plants or animals growing thereon or attached thereto, except for legally harvested fish or game, unless such Vessel, Boat Transporter, Truck-trailer Boat Transporter or any other equipment used in conjunction with them has been cleaned or decontaminated to remove the plants or animals in accordance with the requirements of 302 CMR 18.00.

(d) Transporting any Vessel, Boat Transporter, Truck-trailer Boat Transporter or any other equipment used in conjunction with them that has any plants or animals growing thereon or attached thereto.

(e) Violating any order or quarantine issued by the Commissioner.

(2) Any person who knowingly and willfully resists or obstructs the Department from suppressing or eradicating the spread of Aquatic Nuisance Species shall be subject to a civil assessment of not more than $5,000 for each violation; provided, however, that each day such violation occurs or continues shall be deemed a separate violation; provided further, that the penalty may be assessed by the Department and may be recovered in an action brought on behalf of the Commonwealth by the attorney general in the superior court.

(3) In addition to applicable penalties and assessments, the Department may bring an action for injunctive relief in the superior court relative to any violation noted in 302 CMR 18.06(1) or (2).

(4) A person notified to appear before the clerk of the district court as provided in M.G.L. c. 21A, § 10G for a violation of M.G.L. c. 21, § 37B may so appear within the time specified and pay a fine of $50.

(5) The director of the Massachusetts Environmental Police may suspend, revoke, or cancel the certificate of number issued to whoever is convicted of violating M.G.L. c. 21, § 37B. Such suspension, revocation, or cancellation shall be in addition to the criminal penalties set forth in M.G.L. c. 90B, § 5D.

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