1. Prohibition. A person may not improperly operate a fishway required under this subchapter in a manner that results in a fish kill.
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. [PL 2003, c. 655, Pt. B, §306 (NEW); PL 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. [PL 2003, c. 655, Pt. B, §306 (NEW); PL 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."