Section 12762 - Fish kills; violations; fines; rules; definition1.Prohibition. A person may not improperly operate a fishway required under this subchapter in a manner that results in a fish kill. [2003, c. 655, Pt. B, §306(NEW); 2003, c. 655, Pt. B, §422(AFF).]
2.Penalty. The following penalties apply to violations of this section. A. A person who violates this section commits a civil violation for which a fine equivalent to the value of the fish killed but not more than $10,000 for each day of that violation may be adjudged. [2003, c. 655, Pt. B, §306(NEW); 2003, c. 655, Pt. B, §422(AFF).]B. A person who violates this section after having been adjudicated as having committed 3 or more civil violations under this Part within the previous 5-year period commits a Class E crime. [2003, c. 655, Pt. B, §306(NEW); 2003, c. 655, Pt. B, §422(AFF).] [2003, c. 655, Pt. B, §306(NEW); 2003, c. 655, Pt. B, §422(AFF).]
3.Rules; definition. The department and the Department of Marine Resources shall jointly make rules defining "fish kill." [2003, c. 655, Pt. B, §306(NEW); 2003, c. 655, Pt. B, §422(AFF).]
2003, c. 414, §A2 (NEW) . 2003, c. 414, §D7 (AFF) . 2003, c. 614, § 9 (AFF) . 2003, c. 655, §B306 (RPR) . 2003, c. 655, §B422 (AFF) .