Code of Massachusetts Regulations
321 CMR - DIVISION OF FISHERIES AND WILDLIFE
Title 321 CMR 10.00 - Massachusetts Endangered Species Act
Part I - General Provisions: Definitions, Listing, Taking Permits, Responsibilities of State Agencies
Section 10.06 - Penalties
Current through Register 1531, September 27, 2024
(1) Unauthorized Taking, Possession, and Sale of Species on the State or Federal Lists. Any person who violates the provisions of the first paragraph of M.G.L. c. 131A, § 2 or 321 CMR 10.04 or 10.11 through 10.24 shall be punished by a fine of not less than $500 or imprisonment for not more than 90 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 $5,000 nor more than $10,000 or by imprisonment for not more than 180 days or both such fine and imprisonment.
(2) Unauthorized Alteration of Significant Habitat. Any person who violates the provisions of the second paragraph of M.G.L. c. 131A, § 2 or 321 CMR 10.61(1) shall be punished by a fine of not less than $1,000 nor more than $10,000 or by imprisonment for not more than 90 days or both such fine and imprisonment. Upon a subsequent conviction, such person shall be punished by a fine not less than $10,000 nor more than $20,000 or by imprisonment for not more than 180 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.
(3) Civil Penalties. Any person who violates M.G.L. c. 131A, § 2 or any rule or regulation adopted thereunder shall be subject to a civil assessment not to exceed $10,000 for each such violation.
(4) Multiple Violations. The commission of an act prohibited by M.G.L. c 131A or any rule or regulation adopted thereunder with respect to each individual animal or plant, or part thereof, shall constitute a separate offense.
