(a) The Secretary may assess the following administrative penalties for a violation of a provision of this chapter:
(1) For a first offense, a person shall be assessed an administrative penalty of not more than $1,000.00 nor less than $400.00.
(2) For a second offense or subsequent offense, a person shall be assessed an administrative penalty of not more than $4,000.00 nor less than $2,000.00.
(b) Instead of bringing an environmental enforcement action for a violation of this chapter or rules adopted under this chapter, the Secretary may refer a violation of this chapter to the Commissioner of Fish and Wildlife for criminal enforcement under section 4518 of this title.