The penalties for violating this chapter are:

For a first offense violation of a section, except Section 50-18-40, or if the money or other consideration exchanged for the product is of a value of one hundred dollars or less, the penalty is a fine of not more than two hundred dollars or imprisonment not more than thirty days. If the money or other consideration exchanged for the product is of a value of more than one hundred dollars, the penalty is a fine of not less than five hundred nor more than five thousand dollars or imprisonment not less than thirty days nor more than one year, or both. In addition, if the money or other consideration is of a value of more than one hundred dollars, there is a penalty of twenty-five dollars a fish or part of a fish, and the person convicted may lose the permit or certificate of permission and hunting and fishing privileges for one year from the date of conviction.

For a second offense violation of a section, except Section 50-18-40, the fine is not less than one thousand nor more than five thousand dollars or imprisonment not less than thirty days nor more than one year. In addition, there is a penalty of twenty-five dollars a fish or part of a fish, and the person convicted may lose the permit or certificate of permission and hunting and fishing privileges for three years from the date of conviction.

For a third or subsequent offense or for a violation of Section 50-18-40, the fine is five thousand dollars, no part of which may be suspended, or imprisonment for one year, or both. In addition, there is a penalty of twenty-five dollars a fish or part of a fish, and the person may lose the permit or certificate of permission and hunting and fishing privileges for three years from the date of conviction. Also, equipment used in the operation of an aquaculture or a processing business is forfeited to the department. Items forfeited may be utilized or sold by the department as it considers appropriate, and the proceeds of fines and forfeitures and the permit fees provided in Section 50-18-20 must be used to support the Aquaculture Inspection and Enforcement Program of the department.