§ 90 — Penalties

Section 90. (a)(1) Whoever violates clause (14) of section 4 relative to a dam or obstruction for passage of anadromous fish or who refuses or neglects to keep open or maintain a fishway as prescribed by the director shall be punished by a fine of $50 for each day that such person fails to keep open or maintain the dam or fishway as prescribed.[ Clause (2) of subsection (a) effective until October 2, 2024. For text effective October 2, 2024, see below.](2) Whoever violates section 5, 10, 11, 32, 62 or 85 shall be punished by a fine of not less than $200 but not more than $500, by imprisonment for not more than 90 days or by both such fine and imprisonment. In addition, for each bird or mammal, other than a deer, bear or wild turkey, unlawfully killed, taken, held or possessed or for each nest or egg unlawfully taken, molested, distributed or destroyed, a person shall be punished by a fine of not less than $100 but not more than $500. For each deer unlawfully killed or possessed, a person shall be punished by a fine of not less than $500 but not more than $3,000, by imprisonment for not more than 6 months or by both such fine and imprisonment. For each bear unlawfully killed or possessed, a person shall be punished by a fine of not less than $1,000 but not more than $5,000, by imprisonment for not more than 6 months or by both such fine and imprisonment. For each wild turkey unlawfully killed or possessed, a person shall be punished by a fine of not less than $500 but not more than $3,000, by imprisonment for not more than 6 months or by both such fine and imprisonment.[ Clause (2) of subsection (a) as amended by 2024, 135, Sec. 14 effective October 2, 2024. For text effective until October 2, 2024, see above.](2) Whoever violates section 5, 10, 11, 32 or 85 shall be punished by a fine of not less than $200 but not more than $500, by imprisonment for not more than 90 days or by both such fine and imprisonment. In addition, for each bird or mammal, other than a deer, bear or wild turkey, unlawfully killed, taken, held or possessed or for each nest or egg unlawfully taken, molested, distributed or destroyed, a person shall be punished by a fine of not less than $100 but not more than $500. For each deer unlawfully killed or possessed, a person shall be punished by a fine of not less than $500 but not more than $3,000, by imprisonment for not more than 6 months or by both such fine and imprisonment. For each bear unlawfully killed or possessed, a person shall be punished by a fine of not less than $1,000 but not more than $5,000, by imprisonment for not more than 6 months or by both such fine and imprisonment. For each wild turkey unlawfully killed or possessed, a person shall be punished by a fine of not less than $500 but not more than $3,000, by imprisonment for not more than 6 months or by both such fine and imprisonment.(3) Whoever violates section 5C shall be punished by a fine of not less than $100 but not more than $500, by imprisonment for not more than 14 days or by both such fine and imprisonment.(4) Whoever violates section 16, 28, 33, 48, 61, 63, 64 or 70 or any rule or regulation made under authority thereof shall be punished by a fine of not less than $50 but not more than $100, by imprisonment for not more than 60 days or by both such fine and imprisonment.(5) Whoever violates section 18, 19, 19A, 60 or 79 or any rule or regulation made under authority thereof shall be punished by a fine of not less than $200 but not more than $500, by imprisonment for not more than 6 months or by both such fine and imprisonment.(6) Whoever violates section 21A or 68 shall be punished by a fine of not less than $300 but not more than $1,000, by imprisonment for not more than 1 year or by both such fine and imprisonment. In addition, for each bird or mammal, other than a deer, bear or wild turkey, unlawfully killed, taken, held or possessed or for each nest or egg unlawfully taken, molested, distributed or destroyed, a person shall be punished by a fine of not less than $200 but not more than $500. For each deer unlawfully killed or possessed, a person shall be punished by a fine of not less than $200 but not more than $500, by imprisonment for not more than 6 months or by both such fine and imprisonment. For each bear unlawfully killed or possessed, a person shall be punished by a fine of not less than $300 but not more than $1,000, by imprisonment for not more than 6 months or by both such fine and imprisonment. For each wild turkey unlawfully killed or possessed, a person shall be punished by a fine of not less than $200 but not more than $500, by imprisonment for not more than 6 months or by both such fine and imprisonment.(7) Whoever violates section 22 shall be punished by a fine of not less than $200 but not more than $500, by imprisonment for not more than 6 months or by both such fine and imprisonment for each fish, bird or mammal, other than a deer, bear or moose, unlawfully bought, sold, bartered, exchanged, offered or exposed for sale or had in possession for the purpose of sale. In the case of a deer, moose or bear, a person shall be punished by a fine of not less than $1,000 but not more than $5,000, by imprisonment for not more than 1 year or by both such fine and imprisonment. A person found guilty of or convicted of a violation of section 22 who is the holder of a hunting or sporting license issued under this chapter shall lose any rights thereunder and the license shall be surrendered to an officer empowered to enforce this chapter. No other hunting or sporting license shall be granted to that person for at least 1 year.(8) Whoever violates section 41 to 43, inclusive, shall be punished by a fine of not less than $100 but not more than $5,000, by imprisonment for not more than 2 years or by both such fine and imprisonment.(9) Whoever violates section 65 shall be punished by a fine of not less than $200 but not more than $500, by imprisonment for not more than 1 year or by both such fine and imprisonment.(10) Whoever violates section 66, 67 or 86 shall be punished by a fine of not less than $200 but not more than $500, by imprisonment for not more than 1 year or by both such fine and imprisonment.(11) Whoever violates section 73 shall be punished by a fine of not less than $1,000 but not more than $5,000, by imprisonment for not more than 1 year or by both such fine and imprisonment.(12) Whoever violates section 74 or 76 shall be punished by a fine of not less than $200 but not more than $500, by imprisonment for not more than 30 days or by both such fine and imprisonment for each bird or mammal taken, killed or removed and for each nest or egg taken, disturbed, molested, destroyed or unlawfully held.(13) Whoever violates section 75 shall be punished by a fine of not less than $200 but not more than $500, by imprisonment for not more than 6 months or by both such fine and imprisonment for each wild turkey knowingly and unlawfully had in possession and for each nest or egg thereof taken, disturbed, molested, destroyed or unlawfully had in possession.(14) Whoever violates section 75A shall be punished by a fine of not less than $300 but not more than $1,000, by imprisonment for not more than 6 months or by both such fine and imprisonment. Such person, pursuant to section 34, shall not be issued a license, permit or certificate under this chapter for at least 3 years after the date that such person was found guilty or penalized for violating section 75A.(15) Whoever violates section 77 shall be punished by a fine of not less than $200 but not more than $500, by imprisonment for not more than 30 days or by both such fine and imprisonment.(16) Whoever violates section 77A shall be punished by a fine of not less than $300 but not more than $1,000.(b) A violation of this chapter or a rule or regulation promulgated under this chapter for which no other penalty is provided shall be punished by a fine of not less than $200 but not more than $500, by imprisonment for not more than 30 days or by both such fine and imprisonment. Upon a conviction for a violation of this chapter, any net, snare, trap, jacklight or other similar device used by a person or any bird or mammal taken in violation of this chapter shall be forfeited to the commonwealth and shall be disposed of by the director of law enforcement.(c) In addition to the penalties provided in this section, a person convicted of the illegal taking or possession of animals, birds, fur-bearing animals or fish resulting in the injury, death or destruction of such animal, bird, fur-bearing animal or fish shall be required to make restitution to the commonwealth for the value of each animal, bird, fur-bearing animal or fish so taken or possessed as follows:(i) deer, moose or bear: $500 per animal; provided, however, that if the animal taken is deemed to be a trophy standard, as categorized by a professional organization, the restitution shall be $1,000 per animal;(ii) raptor or bird of prey: $500 per animal;(iii) wild turkey, fisher, bobcat or otter: $300 per animal;(iv) fox, coyote or beaver: $100 per animal;(v) mink, muskrat, raccoon, wild rabbit, hare or gray squirrel: $50 per animal;(vi) ruffed grouse, pheasant, quail, woodcock or migratory waterfowl: $50 per bird;(vii) fish: $25 per fish; and(viii) any other animal or bird: $50 per animal or bird.A person convicted of the illegal taking or possession of endangered, threatened or species of special concern included on the list maintained pursuant to section 4 of chapter 131A may be required to make restitution to the commonwealth for the value of each such species illegally taken or possessed as follows:(i) endangered species: $2,000;(ii) threatened species: $1,000; and(iii) species of special concern: $500.No fine imposed for a violation of this chapter shall be suspended or waived.(d) For a conviction involving the illegal taking or possession of animals, birds, fur-bearing animals and fish, the court may order the defendant to reimburse the commonwealth in a sum that exceeds the amounts established in subsection (c). Such reimbursement shall be paid directly to the court. If 2 or more defendants are convicted of the illegal taking or possession of an animal, bird, fur-bearing animal or fish, the reimbursement shall be declared against the defendants jointly and severally. The court ordering such reimbursement shall remit the funds as prescribed in section 3.Any person failing to make a damage assessment payment ordered by the court shall be guilty of contempt and such person shall not be eligible for a license issued by the division until all assessments are paid in full.