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16 U.S.C. § 4912 — Penalties and regulations

submitted 34 years ago by Pub. L. 102-440 to r/title-16-CONSERVATION · 501 words · no verdicts yet

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This section provides civil and criminal penalties for violations involving exotic-bird imports and permits. It also gives federal district courts jurisdiction, treats exotic-bird imports as wildlife transportation under the Lacey Act, requires regulations, and preserves other federal-law authority.

(a) Penalties. (1) Civil penalties. (A) The Secretary may assess a civil penalty of not more than $25,000 for each violation against a person who knowingly violates section 4910(a)(1) or (2) of this title or a permit issued under section 4911, and against a person in the business of importing exotic birds who violates those provisions or permits. (B) The Secretary may assess a penalty of not more than $12,000 for each violation against a person who knowingly violates section 4910(a)(3), and against a person in the business of importing exotic birds who violates it. (C) The Secretary may assess a penalty of not more than $500 for each violation against a person who otherwise violates section 4910(a) or a permit issued under section 4911. (D) The Secretary must assess and may collect a civil penalty under this section in the way a penalty under the Act of December 28, 1973 (Public Law 93-205), 16 U.S.C. § 1531 et seq., may be assessed and collected under section 111(a) of that Act, 16 U.S.C. § 1540(a).

(2) Criminal penalties. (A) A person who knowingly violates section 4910(a)(1) or (2) or a permit issued under section 4911, and a person in the business of importing exotic birds who violates those provisions or permits, may be fined under title 18, imprisoned for not more than two years, or both. (B) A person who knowingly violates section 4910(a)(3) may be fined under title 18, imprisoned for not more than six months, or both.

(b) District court jurisdiction. The federal district courts, including the courts listed in section 460 of title 28, have jurisdiction over every action arising under this chapter. For this chapter, American Samoa is included in the judicial district of the federal district court for the District of Hawaii. The Trust Territory of Palau and the Northern Marianas are included in the judicial district of the federal district court for the District of Guam.

(c) Other enforcement. For section 3(a) of the Lacey Act Amendments of 1981, 16 U.S.C. § 3372(a), importing an exotic bird is considered transportation of wildlife.

(d) Regulations. The Secretary must issue regulations necessary and appropriate to carry out this chapter’s purposes.

(e) Savings provisions. The Secretary’s authority under this chapter is in addition to, and does not affect, the Secretary’s authority under the Endangered Species Act of 1973, 16 U.S.C. § 1531 et seq., and does not reduce the Secretary’s authority under the Lacey Act Amendments of 1981, 16 U.S.C. § 3371 et seq. Nothing in this chapter repeals, replaces, or changes any federal-law provision.

the actual law source: uscode.house.gov ↗public domain
(a) Penalties
(1) Civil penalties
(A)

Any person who knowingly violates, and any person engaged in business as an importer of exotic birds who violates, section 4910(a)(1) or (2) 1 of this title or any permit issued under section 4911 of this title may be assessed a civil penalty by the Secretary of not more than $25,000 for each violation.

(B)

Any person who knowingly violates, and any person engaged in business as an importer of exotic birds who violates, section 4910(a)(3) 2 of this title may be assessed a civil penalty by the Secretary of not more than $12,000 for each such violation.

(C)

Any person who otherwise violates section 4910(a) of this title or any permit issued under section 4911 of this title may be assessed a civil penalty by the Secretary of not more than $500 for each such violation.

(D)

A civil penalty under this section shall be assessed, and may be collected, in the manner in which a civil penalty under the Act of December 28, 1973 (Public Law 93–205) [16 U.S.C. 1531 et seq.], may be assessed and collected under section 111(a) 3 of that Act [16 U.S.C. 1540(a)].

(2) Criminal penalties
(A)

Any person who knowingly violates, and any person engaged in business as an importer of exotic birds who violates, section 4910(a)(1) or (2) 1 of this title or any permit issued under section 4911 of this title shall be fined under title 18 or imprisoned for not more than 2 years, or both.

(B)

Any person who knowingly violates section 4910(a)(3) 2 of this title shall be fined under title 18, imprisoned not more than 6 months, or both.

(b) District court jurisdiction

The several district courts of the United States, including the courts enumerated in section 460 of title 28, shall have jurisdiction over any action arising under this chapter. For the purposes of this chapter, American Samoa shall be included in the Judicial District of the District Court of the United States for the District of Hawaii, and the Trust Territory of Palau and the Northern Marianas shall be included in the Judicial District of the District Court of the United States for the District of Guam.

(c) Other enforcement

The importation of an exotic bird is deemed to be transportation of wildlife for purposes of section 3(a) of the Lacey Act Amendments of 1981 (16 U.S.C. 3372(a)).

(d) Regulations

The Secretary shall prescribe regulations that are necessary and appropriate to carry out the purposes of this chapter.

(e) Savings provisions

The authority of the Secretary under this chapter is in addition to and shall not affect the authority of the Secretary under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) or diminish the authority of the Secretary under the Lacey Act Amendments of 1981 (16 U.S.C. 3371 et seq.). Nothing in this chapter shall be construed as repealing, superseding, or modifying any provision of Federal law.

Source credit: (Pub. L. 102–440, title I, § 113, Oct. 23, 1992, 106 Stat. 2231.)

history & why it existsrecord from the source credit
  • 1992Enacted · Pub. L. 102-440 · 106 Stat. 2231

A history note hasn’t been published yet. The record shows enactment by Pub. L. 102-440 on 1992-10-23.

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