(A) The department may promulgate regulations for the government of the force under its control and for the control of fisheries, not contrary to or inconsistent with the laws and policy of the State, having the force and effect of law.
(B) In promulgating regulations, the department shall consider scientific and other available information regarding:
(1) current condition and trends of the species or stocks involved;
(2) environmental factors, including water quality and climatological data;
(3) biological data, including abundance, size, and distribution of species involved;
(4) economic conditions including market value;
(5) potential impacts upon fishermen and other resource users;
(6) safety of the public and persons utilizing the resource;
(7) effects of added development, population growth, fishing pressure, and demand for the resource; and
(8) other factors pertinent to the management and wise use of fishery resources.
(C) Nothing in this section reduces the authority of the department to act under other provisions of law.
(D) Violation of a regulation is a civil offense. The department may impose a civil penalty of up to two hundred dollars or suspend the license of a person adjudicated in violation, or both.
(E) For violation of a permit condition, in addition to any statutory criminal penalty, the department may impose a civil penalty of up to five hundred dollars and suspend or revoke the permit, or both.
(F) The department may suspend or revoke a permit for violation of any conservation law.
HISTORY: 1962 Code Section 28-160; 1952 Code Section 28-160; 1942 Code Section 3308; 1932 Code Section 3308; 1924 (33) 1016; 1952 (47) 2890; 1993 Act No. 181, Section 1259; 2000 Act No. 245, Section 1.