SECTION 90. Penalties

Whoever violates any provision of section five, ten, eleven, thirty, thirty-two, thirty-five, thirty-six, thirty-eight, forty-seven, forty-nine, fifty, fifty-one, fifty-three, fifty-four, fifty-seven, fifty-eight, fifty-nine, sixty-two, sixty-nine, seventy-one, seventy-two, eighty, eighty-two, eighty-three, eighty-four, or eighty-five, or any rule or regulation made under authority thereof, shall be punished by a fine of not less than fifty nor more than one hundred dollars, or by imprisonment for not more than thirty days, or both such fine and imprisonment; in addition, for each bird or mammal other than a deer, bear or turkey unlawfully killed, taken, held or possessed, or for each nest or egg unlawfully taken, molested, distributed or destroyed, by a fine of not less than ten nor more than fifty dollars; and for each deer unlawfully killed or unlawfully possessed, by a fine of not less than three hundred nor more than one thousand dollars, or by imprisonment for not more than six months, or both such fine and imprisonment; and for each bear unlawfully killed or unlawfully possessed, by a fine of not less than one thousand nor more than five thousand dollars, or by imprisonment for not more than six months, or both such fine and imprisonment; and for each turkey unlawfully killed or unlawfully possessed, by a fine of not less than three hundred nor more than one thousand dollars, or by imprisonment for not more than six months, or both such fine and imprisonment.

Whoever violates any provision of section seventy-three, shall be punished by a fine of not less than five hundred nor more than two thousand dollars, or by imprisonment for not more than six months, or both.

Whoever violates any provision of section sixteen, twenty-eight, thirty-three, forty-eight, sixty-one, sixty-three, sixty-four or seventy or of any rule or regulation made under authority thereof shall be punished by a fine of not less than fifty nor more than one hundred dollars or by imprisonment for not more than sixty days, or both.

Whoever violates any provision of section eighteen, nineteen, nineteen A, sixty, sixty-eight, or seventy-nine, or of any rule or regulation made under authority thereof, shall be punished by a fine of not less than one hundred nor more than five hundred dollars, or by imprisonment for not more than six months, or both.

Whoever violates any provision of section twenty-two, or of any rule or regulation made under authority thereof, shall be punished by a fine of not less than fifty nor more than one hundred dollars 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, and in case of a deer, by a fine of not less than five hundred nor more than two thousand dollars, and in the case of a bear, by a fine of not less than one thousand nor more than five thousand dollars, and in the case of a moose, not less than five hundred nor more than two thousand dollars dollars.

Whoever violates any provision of section forty-one, forty-two or forty-three, or of any rule or regulation or order made under authority thereof, shall be punished by a fine of not less than one hundred dollars nor more than five thousand dollars, or by imprisonment for not more than two years, or both.

Whoever violates any provision of section sixty-five, sixty-six, sixty-seven or eighty-six shall be punished by a fine of not less than fifty nor more than one thousand dollars, or by imprisonment for not more than one year, or both. Whoever fails to keep open or maintain a fishway as prescribed by the director under authority of clause (14) of section four shall be punished by a fine of fifty dollars for each day that he fails to keep open or maintain said fishway as prescribed.

Whoever violates any provision of sections seventy-four or seventy-six shall be punished by a fine of not less than twenty nor more than fifty dollars, or by imprisonment for not more than thirty days, or both, for each bird or mammal taken, killed or removed, and for each nest or egg taken, disturbed, molested or destroyed.

Whoever violates any provision of section seventy-seven shall be punished by a fine of not more than one hundred dollars, or by imprisonment for not more than thirty days, or both.

Whoever violates any provision of section seventy-five shall be punished by a fine of not less than one hundred nor more than five hundred dollars, or by imprisonment for not more than six months, or both, for each wild turkey knowingly and unlawfully had in possession, and for each nest or egg thereof taken, molested, disturbed or destroyed, or unlawfully had in possession.

Whoever violates any provision of section seventy-seven A shall be punished by a fine of not less than one hundred nor more than five hundred dollars.

Whoever violates any provision of section seventy-five A shall be punished by a fine of not less than one hundred nor more than five hundred dollars or by imprisonment for not more than six months or both; and such person, subject to the provisions of section thirty-four, shall not be issued a license or permit or certificate under authority of any provision of this chapter during the period of three years from the date of being found guilty or penalized as aforesaid.

Whoever violates any provision of clause (14) of section four relative to any dam or obstruction for passage of anadromous fish or who refuses or neglects to keep open or maintain a fishway at the time prescribed by the director shall be fined fifty dollars for each day or part thereof of such refusal or neglect.

Unless the context otherwise requires, a violation of any provision of this chapter, or of any rule or regulation made under authority thereof, for which no other penalty is provided, shall be punished by a fine of not less than twenty nor more than fifty dollars, or by imprisonment for not more than thirty days, or both. Any net, snare, trap, jacklight or other similar device used by any person in violation of any provision of said chapter, or of any such rule or regulation, and any bird or mammal taken in violation of said chapter, or of any such rule or regulation, shall, upon a finding of guilty, be forfeited to the commonwealth and shall be disposed of by the director of law enforcement for the best interest of the commonwealth.

In addition to the penalties provided for in this section for violating any of the provisions of chapter one hundred and thirty-one, or any rule or regulation made under the authority thereof, any person convicted of the illegal taking or illegal possession of animals, birds, fur-bearing animals and fish, resulting in the injury, death or destruction of the same, may 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:

(a) Deer and bear: three hundred dollars per animal illegally taken or illegally possessed.

(b) Wild turkey, fisher, bobcat and otter: two hundred dollars per animal illegally taken or illegally possessed.

(c) Fox, coyote and beaver: fifty dollars per animal illegally taken or illegally possessed.

(d) Mink, muskrat, raccoon, wild rabbit, hare and gray squirrel: twenty-five dollars per animal illegally taken or illegally possessed.

(e) Ruffed grouse, pheasant, quail, woodcock and migratory waterfowl: twenty-five dollars per bird illegally taken or illegally possessed.

(f) Fish: five dollars per fish illegally taken or illegally possessed.

(g) Endangered, Threatened and Special Concern Species included on the official Massachusetts List of Endangered Wildlife and Wild Plants established pursuant to section 4 of chapter 131A.

Endangered Species: two thousand dollars

Threatened Species: one thousand dollars

Species of Special Concern: five hundred dollars.

(h) Other animals or birds: ten dollars per animal or bird.

In every case of conviction for violating any of the provisions of this chapter, or any rule or regulation made under the authority thereof, the fines imposed by this section shall not be suspended or waived.

In every case of conviction involving the illegal taking or illegal possession of animals, birds, fur-bearing animals and fish, the court may order the defendant to reimburse the commonwealth in a sum or sums to exceed the amount as established in the previous paragraph. Such reimbursement shall be paid directly to the court. If two or more defendants are convicted of the illegal taking or illegal possession of the animal, bird, fur-bearing animal or fish, the reimbursement above prescribed shall be declared against them jointly and severally. The court ordering such reimbursement shall remit such monies as prescribed in section three of chapter one hundred and thirty-one.

Any person failing to make a damage assessment payment as ordered by the court shall be guilty of contempt and such person shall not be eligible to purchase any license issued by the division of fisheries and wildlife until all assessments are paid in full.

A person who violates the provisions of section five C shall be punished by a fine of not less than one hundred nor more than five hundred dollars or by imprisonment for not more than fourteen days, or both.