(a) Enforcement officers of the Department of Planning and Natural Resources may enter upon any land or waters of the Territory for the performance of their lawful duties, and may take with them any necessary equipment. Such entry shall not constitute a trespass. It shall be lawful for any boat, motor vehicle or aircraft owned or chartered by the department to land and depart from any of the beaches or waters of the Territory.
(b) Whenever any person is apprehended for any violation of this chapter, the enforcement officer may serve upon him a citation and levy a fine, which citation and fine shall be in a form similar to a traffic ticket, as prescribed by the Superior Court of the Virgin Islands, and shall be known as a “conservation ticket.” A conservation ticket shall include spaces for the name and address of the person cited, the offense charged and the time of its commission. Such spaces shall be filled with the appropriate information by the apprehending officer. The ticket shall also indicate the fine to be paid and the time limit for payment. If the fine is not paid within the stated time, a summons to appear in court shall be issued, and if the violation was committed from a boat, fishing appliance, storage or processing plant, or any warehouse, building or vehicle engaged in transporting any game or wildlife product, a lien may be placed against same until the fine is paid. If the cited person refuses to furnish his name and address, he may be taken into custody by the apprehending officer; provided that an enforcement officer shall not serve or issue a conservation ticket for any offense or violation except when it is committed in his presence.
(c) Any person willfully failing to pay a fine or appear in court as provided for in subsection (b) of this section shall be guilty of a misdemeanor, regardless of the disposition of the offense for which he was originally cited. Appearance in court may be complied with by an appearance by counsel, and any violations clerk constituted by the court, pursuant to Rule 160 of the Superior Court Rules, shall have the additional function of accepting appearances, waiver of trial, plea of guilty and payment of costs and fines for the violation of this subsection, hereinafter referred to as “conservation offenses,” subject to the following limitations and provisions:
(1) the violations clerk shall serve under the direction and control of the court appointing that person;
(2) the court shall, by order, designate the conservation offenses within the authority of the violations clerk; provided that such offenses shall not include violations resulting in property damage or personal injury;
(3) the court, by published order which shall be prominently posted in the place where the fines are to be paid, shall specify by suitable schedules the amount of the fines to be imposed for first, second, and subsequent offenses; provided that such fines shall be within the limits declared by this chapter;
(4) any person charged with a conservation offense within the authority of the violations clerk may appear in person before the clerk, and upon signing a plea of guilty and waiver of trial, pay the fine established for the offense charged, plus costs; provided that prior to signing the plea and waiver and making the payment, he shall be informed of his right to stand trial, that his signature to a plea of guilty will have the same effect as a court judgment, and that the record of conviction will be sent to the Commissioner of the Virgin Islands Police Department; and
(5) subject to the provisions of subsection (d) herein, any person residing outside the judicial district in which he is charged with a conservation offense may, as an alternative to a personal appearance before the violations clerk, determine the amount of the fine and costs, and forthwith mail a certified check to the violations clerk for the total amount, accompanied by a signed plea of guilty and waiver of trial.
(d) No person who has been found guilty or has signed a plea of guilty to three conservation offenses in one calendar year shall be permitted to appear before the violations clerk unless the court shall, by general order applying to certain specified offenses, permit such appearance conditioned upon the payment of a substantially increased fine, the amount of which shall be specified in the general order.
(e) The revenues generated from the payment of conservation tickets shall be deposited into the Fish and Game Fund, established pursuant to section 81a of this title, to be used solely for enforcing the fish, game, boating safety, and conservation laws of this title.
(f) Fines assessed under the provisions of this subchapter shall be established by the Superior Court in conjunction with the Department of Planning and Natural Resources, and community service may be included in the fines for first offenses.