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The 193rd General Court of the Commonwealth of Massachusetts

Section 90B: Penalties for subsequent violations

Section 90B. Whoever is convicted of a third or subsequent violation of section 5, 22, 65 or 68, within a 10-year period shall be punished by a fine of not less than $1,000 but not more than $15,000, by imprisonment for not more than 5 years in a state prison or by both such fine and imprisonment.

The penalties in this section shall apply to persons whose total violations within the 10-year period involve 3 or more animals and shall also apply to each violation thereafter.

The species covered by this section shall only include deer, moose, fisher, bobcat, bear, any bird of prey as defined in section 75A and any endangered, threatened or species of special concern included on the official list maintained pursuant to section 4 of chapter 131A.

A person penalized pursuant to this section shall immediately surrender any license, permit or certificate issued pursuant to this chapter to an environmental police officer, deputy or other officer authorized to enforce this chapter, except a license issued under clause (3), (4) or (6) of the seventh paragraph of section 23. The surrendered license, permit or certificate shall be void. No person or a person acting on that person's behalf shall be given or apply for a license, permit or certificate that was voided due to a violation of this section for not less than 10 years from the date that such person was found guilty or penalized and any license, permit or certificate wrongfully issued shall be void and shall be surrendered to an officer authorized to enforce this chapter.