A.__This subsection may be enforced by any law enforcement officer or a person may bring a private nuisance action for a violation of this subsection pursuant to Title 17, section 2802.

B.__A person who violates this subsection commits a civil violation for which a forfeiture of not less than $100 nor more than $500 may be adjudged.

9.__Operating watercraft to molest wild animals or wild birds.__ A person may not operate a watercraft so as to pursue, molest, harass, drive or herd any wild animal or wild bird, except as may be permitted during the open season on that animal.

A person who violates this subsection commits a civil violation for which a forfeiture of not less than $100 nor more than $500 may be adjudged.

10.__Operating a motorboat that exceeds noise limits.__A person may not operate a motorboat in such a manner as to exceed:

A.__A noise level of 90 decibels when subjected to a stationary sound level test as prescribed by the commissioner; or

B.__A noise level of 75 decibels when subjected to an operational test measured as prescribed by the commissioner.

A person who violates this subsection commits a civil violation for which a forfeiture of not less than $100 nor more than $500 may be adjudged.

11.__Operating motorboat without muffler.__A person may not operate a motorboat that is not equipped at all times with an effective and suitable muffling device on its engine or engines to effectively deaden or muffle the noise of the exhaust, except that:

A.__Motorboats that are operating in a regatta or race approved by the commissioner under section 13061 may use cutouts for these motorboats while on trial runs or competing in speed events, for a period not to exceed 48 hours immediately preceding or following such an authorized event.