16 U.S.C. § 4306 — Prohibited acts and criminal penalties
submitted 38 years ago by Pub. L. 100-691 to r/title-16-CONSERVATION · 249 words · no verdicts yet
This section makes certain acts involving significant caves or their resources on Federal land unlawful and sets criminal punishments. It also covers aiding a violation and protects people who lawfully possessed a cave resource before November 18, 1988.
(a) Prohibited acts (1) Any person who, without prior authorization from the Secretary* knowingly destroys, disturbs, defaces, mars, alters, removes or harms any significant cave* or alters the free movement of any animal or plant life into or out of any significant cave located on Federal lands*, or enters a significant cave with the intention of committing any act described in this paragraph must be punished in accordance with subsection (b). (2) Any person who possesses, consumes, sells, barters or exchanges, or offers for sale, barter or exchange, any cave resource* from a significant cave with knowledge or reason to know that such resource was removed from a significant cave located on Federal lands must be punished in accordance with subsection (b). (3) Any person who counsels, procures, solicits, or employs any other person to violate any provisions of this subsection must be punished in accordance with section 1 (b). (4) Nothing in this section must be deemed applicable to any person who was in lawful possession of a cave resource from a significant cave before November 18, 1988 . (b) Punishment The punishment for violating any provision of subsection (a) must be imprisonment of not more than one year or a fine in accordance with the applicable provisions of title 18, or both. In the case of a second or subsequent violation, the punishment must be imprisonment of not more than 3 years or a fine in accordance with the applicable provisions of title 18, or both.
Any person who, without prior authorization from the Secretary* knowingly destroys, disturbs, defaces, mars, alters, removes or harms any significant cave* or alters the free movement of any animal or plant life into or out of any significant cave located on Federal lands*, or enters a significant cave with the intention of committing any act described in this paragraph shall be punished in accordance with subsection (b).
Any person who possesses, consumes, sells, barters or exchanges, or offers for sale, barter or exchange, any cave resource* from a significant cave with knowledge or reason to know that such resource was removed from a significant cave located on Federal lands shall be punished in accordance with subsection (b).
Any person who counsels, procures, solicits, or employs any other person to violate any provisions of this subsection shall be punished in accordance with section 1 (b).
Nothing in this section shall be deemed applicable to any person who was in lawful possession of a cave resource from a significant cave prior to November 18, 1988.
The punishment for violating any provision of subsection (a) shall be imprisonment of not more than one year or a fine in accordance with the applicable provisions of title 18, or both. In the case of a second or subsequent violation, the punishment shall be imprisonment of not more than 3 years or a fine in accordance with the applicable provisions of title 18, or both.
Source credit: (Pub. L. 100–691, § 7, Nov. 18, 1988, 102 Stat. 4549.)
- 1988Enacted · Pub. L. 100-691 · 102 Stat. 4549
A history note hasn’t been published yet. The record shows enactment by Pub. L. 100-691 on 1988-11-18.
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