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