New Hampshire § 211-64 - Section 211:64 Penalty.

§ 211-64. Section 211:64 Penalty.

I. Any person who violates the provisions of RSA 211:62-a, 211:64-b, or any rule adopted by the executive director relative to clams, clam worms, and oysters shall be guilty of a violation. II. Any person taking clams in excess of the limits provided by regulation promulgated under RSA 211:62 shall be guilty of a violation. Each quart or portion thereof taken or possessed in excess of the legal limit shall be a separate offense. III. Any person taking oysters in excess of the limits provided by regulation promulgated under RSA 211:62 shall be guilty of a violation. Each 1/2 bushel or portion thereof taken or possessed in excess of the legal limit shall be a separate offense. IV. In addition to any other penalty provided, the executive director in his or her discretion may also revoke or suspend for a period not exceeding one year any license or permit issued to any person, firm, or corporation who violates this title. Any person, firm, or corporation who continues to violate any provision of rules adopted under RSA 211:62 or any provisions of RSA 211:62-a while under revocation or suspension shall be guilty of a misdemeanor, and the executive director in his or her discretion may revoke any rights for a license or a permit for up to 5 years. V. Any person, firm or corporation who violates any provision of rules adopted under RSA 211:62 pertaining to the sale or processing of clams, oysters, mussels, or scallops shall be guilty of a violation, and each 1/2 bushel of clams, oysters, mussels, or scallops involved shall constitute a separate offense. VI. Whoever violates the provision of RSA 211:62 or any rule adopted by the executive director relative to American eels and their harvest shall be guilty of a class A misdemeanor, or guilty of a class B felony for a second offense within 5 years of a prior offense, and all equipment used to carry out such offense shall be confiscated. In addition, the defendant's catch shall be confiscated and sold according to rules adopted by the executive director pursuant to RSA 541-A, the proceeds of such sale to be deposited in the fish and game fund and used by the fish and game department for the law enforcement and marine fisheries divisions.