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

Federal law — U.S. Code and appendices · legal_authorities

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

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Source file: Laws/federal/codes/united-states-code/title-16/section-4912-penalties-and-regulations--14362c8dc6.md
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Source location: Title 16, Chapter 69, § 4912; chapter-069-wild-exotic-bird-conservation.md

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**(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) 11 So in original. Probably should be section “4910(a)(1)(A) or (B)”. of this title or any permit issued under [section 4911 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section4911&num=0&edition=prelim) 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) 22 So in original. Probably should be section “4910(a)(1)(C)”. 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section4910/a&num=0&edition=prelim) or any permit issued under [section 4911 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section4911&num=0&edition=prelim) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1531&num=0&edition=prelim) et seq.], may be assessed and collected under section 111(a) 33 So in original. Probably should be section “11(a)”. of that Act [[16 U.S.C. 1540(a)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1540/a&num=0&edition=prelim)]. (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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section4911&num=0&edition=prelim) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section460&num=0&edition=prelim), 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)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section3372/a&num=0&edition=prelim)). **(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1531&num=0&edition=prelim) et seq.) or diminish the authority of the Secretary under the Lacey Act Amendments of 1981 ([16 U.S.C. 3371](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section3371&num=0&edition=prelim) et seq.). Nothing in this chapter shall be construed as repealing, superseding, or modifying any provision of Federal law.

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Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 3371 — Definitions

For the purposes of this chapter: **(a) Breed.—** The term “breed” means to facilitate propagation or reproduction (whether intentionally or negligently), or to fail to prevent propagation or reproduction. **(b)** The term “fish or wildlife” means any wild animal, whether alive or dead, including without limitation any wild mammal, bird, reptile, amphibian, fish, mollusk, crustacean, arthropod, coelenterate, or other invertebrate, whether or not bred, hatched, or born in captivity, and includes any part, product, egg, or offspring thereof. **(c)** The term “import” means to land on, bring into, or introduce into, any place subject to the jurisdiction of the United States, whether or not such landing, bringing, or introduction constitutes an importation within the meaning of the customs laws of the United States. **(d)** The term “Indian tribal law” means any regulation of, or other rule of conduct enforceable by, any Indian tribe, band, or group but only to the extent that the regulation or rule applies within Indian country as defined in [section 1151 of title 18](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section1151&num=0&edition=prelim). **(e)** The terms “law,” “treaty,” “regulation,” and “Indian tribal law” mean laws, treaties, regulations or Indian tribal laws which regulate the taking, possession, importation, exportation, transportation, or sale of fish or wildlife or plants. **(f)** The term “person” includes any individual, partnership, association, corporation, trust, or any officer, employee, agent, department, or instrumentality of the Federal Government or of any State or political subdivision thereof, or any other entity subject to the jurisdiction of the United States. **(g) Plant.—** (1) **In general.—** — The terms “p

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Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 1531 — Congressional findings and declaration of purposes and policy

**(a) Findings** The Congress finds and declares that— (1) various species of fish, wildlife, and plants in the United States have been rendered extinct as a consequence of economic growth and development untempered by adequate concern and conservation; (2) other species of fish, wildlife, and plants have been so depleted in numbers that they are in danger of or threatened with extinction; (3) these species of fish, wildlife, and plants are of esthetic, ecological, educational, historical, recreational, and scientific value to the Nation and its people; (4) the United States has pledged itself as a sovereign state in the international community to conserve to the extent practicable the various species of fish or wildlife and plants facing extinction, pursuant to— (A) migratory bird treaties with Canada and Mexico; (B) the Migratory and Endangered Bird Treaty with Japan; (C) the Convention on Nature Protection and Wildlife Preservation in the Western Hemisphere; (D) the International Convention for the Northwest Atlantic Fisheries; (E) the International Convention for the High Seas Fisheries of the North Pacific Ocean; (F) the Convention on International Trade in Endangered Species of Wild Fauna and Flora; and (G) other international agreements; and (5) encouraging the States and other interested parties, through Federal financial assistance and a system of incentives, to develop and maintain conservation programs which meet national and international standards is a key to meeting the Nation’s international commitments and to better safeguarding, for the benefit of all citizens, the Nation’s heritage in fish, wildlife, and plants. **(b) Purposes** The purposes of this chapter are to provide a means whereby the ecosystems upon which endangered

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Federal law — U.S. Code and appendices · legal_authorities

28 U.S.C. § 460 — Application to other courts

**(a)** Sections 452 through 459 and section 462 of this chapter shall also apply to the United States Court of Federal Claims, to each court created by Act of Congress in a territory which is invested with any jurisdiction of a district court of the United States, and to the judges thereof. **(b)** The official duty station of each judge referred to in subsection (a) which is not otherwise established by law shall be that place where the court holds regular sessions at or near which the judge performs a substantial portion of his judicial work, which is nearest the place where he maintains his actual abode in which he customarily lives.

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Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 4911 — Exemptions

Notwithstanding any prohibition, suspension, or quota under this chapter on the importation of a species of exotic bird, the Secretary may, through the issuance of import permits, authorize the importation of a bird of the species if the Secretary determines that such importation is not detrimental to the survival of the species and the bird is being imported exclusively for any of the following purposes: (1) Scientific research. (2) As a personally owned pet of an individual who is returning to the United States after being continuously out of the country for a minimum of one year, except that an individual may not import more than 2 exotic birds under this paragraph in any year. (3) Zoological breeding or display programs. (4) Cooperative breeding programs that are— (A) designed to promote the conservation of the species and maintain the species in the wild by enhancing the propagation and survival of the species; and (B) developed and administered by, or in conjunction with, an avicultural, conservation, or zoological organization that meets standards developed by the Secretary.

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Federal law — U.S. Code and appendices · legal_authorities

48 U.S.C. § 1681 — Continuance of civil government for Trust Territory of the Pacific Islands; assistance programs; maximum fiscal year costs; reimbursement

**(a)** Until Congress shall further provide for the government of the Trust Territory of the Pacific Islands, all executive, legislative, and judicial authority necessary for the civil administration of the Trust Territory shall continue to be vested in such person or persons and shall be exercised in such manner and through such agency or agencies as the President of the United States may direct or authorize. **(b)** The head of any department, corporation, or other agency of the executive branch of the Government may, upon the request of the Secretary of the Interior, extend to the Trust Territory of the Pacific Islands, with or without reimbursement, scientific, technical, and other assistance under any program administered by such agency, or extend to the Trust Territory any Federal program administered by such agency, if the assistance or program will promote the welfare of the Trust Territory, notwithstanding any provision of law under which the Trust Territory may otherwise be ineligible for the assistance or program: Provided, That the Secretary of the Interior shall not request assistance pursuant to this subsection that involves, in the aggregate, an estimated nonreimbursable cost in any one fiscal year in excess of $150,000: Provided further, That the cost of any program extended to the Trust Territory under this subsection shall be reimbursable out of appropriations authorized and made for the government of the Trust Territory pursuant to section 2 of this Act, as amended. The provisions of this subsection shall not apply to financial assistance under a grant-in-aid program.

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Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 1531 — Congressional findings and declaration of

Page 1909 TITLE 16—CONSERVATION § 1531 maintenance of continuing and stable supply of agri- cultural commodities and forest products. Section 1502, Pub. L. 91–524, title X, § 1002, as added Pub. L. 93–86, § 1(28), Aug. 10, 1973, 87 Stat. 242, required eligible landowners and operators to furnish plan of farming operations or land use to Secretary. Section 1503, Pub. L. 91–524, title X, § 1003, as added Pub. L. 93–86, § 1(28), Aug. 10, 1973, 87 Stat. 242; amended Pub. L. 93–125, § 1(g)(i), Oct. 18, 1973, 87 Stat. 450, related to approved conservation plans as basis for contracts, duties under contracts, and termination or modifica- tion of contracts. Section 1504, Pub. L. 91–524, title X, § 1004, as added Pub. L. 93–86, § 1(28), Aug. 10, 1973, 87 Stat. 243, author- ized furnishing of conservation materials to eligible owners and operators. Section 1505, Pub. L. 91–524, title X, § 1005, as added Pub. L. 93–86, § 1(28), Aug. 10, 1973, 87 Stat. 243; amended Pub. L. 95–113, title XV, § 1509, Sept. 29, 1977, 91 Stat. 1022, authorized establishment of multiyear set-aside contracts. Section 1506, Pub. L. 91–524, title X, § 1006, as added Pub. L. 93–86, § 1(28), Aug. 10, 1973, 87 Stat. 244, author- ized issuance of rules and regulations as well as limita- tions on total retired acreage. Section 1507, Pub. L. 91–524, title X, § 1007, as added Pub. L. 93–86, § 1(28), Aug. 10, 1973, 87 Stat. 244; amended Pub. L. 93–125, § 1(g)(ii), Oct. 18, 1973, 87 Stat. 450, di- rected appointment of advisory boards to assist in de- velopment of programs under this chapter. Section 1508, Pub. L. 91–524, title X, § 1008, as added Pub. L. 93–86, § 1(28), Aug. 10, 1973, 87 Stat. 244, directed coordination with and utilization of Federal, State, and local services and facili

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Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 1540 — Penalties and enforcement

**(a) Civil penalties** (1) Any person who knowingly violates, and any person engaged in business as an importer or exporter of fish, wildlife, or plants who violates, any provision of this chapter, or any provision of any permit or certificate issued hereunder, or of any regulation issued in order to implement subsection (a)(1)(A), (B), (C), (D), (E), or (F), (a)(2)(A), (B), (C), or (D), (c), (d) (other than regulation relating to recordkeeping or filing of reports), (f) or (g) of [section 1538 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1538&num=0&edition=prelim), may be assessed a civil penalty by the Secretary of not more than $25,000 for each violation. Any person who knowingly violates, and any person engaged in business as an importer or exporter of fish, wildlife, or plants who violates, any provision of any other regulation issued under this chapter may be assessed a civil penalty by the Secretary of not more than $12,000 for each such violation. Any person who otherwise violates any provision of this chapter, or any regulation, permit, or certificate issued hereunder, may be assessed a civil penalty by the Secretary of not more than $500 for each such violation. No penalty may be assessed under this subsection unless such person is given notice and opportunity for a hearing with respect to such violation. Each violation shall be a separate offense. Any such civil penalty may be remitted or mitigated by the Secretary. Upon any failure to pay a penalty assessed under this subsection, the Secretary may request the Attorney General to institute a civil action in a district court of the United States for any district in which such person is found, resides, or transacts business to collect the penalty and such court sh

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Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 1540 — Penalties and enforcement

Page 1941 TITLE 16—CONSERVATION § 1540 AMENDMENTS 1988—Subsec. (c). Pub. L. 100–478, § 1013(b), substituted ‘‘notice, of’’ for ‘‘notice,’’ in second sentence. Subsec. (e)(3)(ii). Pub. L. 100–478, § 1013(c), substituted ‘‘lacing,’’ for ‘‘lacking,’’. Subsec. (f)(8)(A). Pub. L. 100–478, § 1011(a), amended subpar. (A) generally. Prior to amendment, subpar. (A) read as follows: ‘‘Any person to whom a certificate of exemption has been issued under paragraph (4) of this subsection may apply to the Secretary for a renewal of such exemption for a period not to exceed three years beginning on the expiration date of such certificate. Such application shall be made in the same manner as the application for exemption was made under para- graph (3), but without regard to subparagraph (A) of such paragraph.’’ Subsec. (f)(8)(B). Pub. L. 100–478, § 1011(b), substituted ‘‘previous’’ for ‘‘original’’. Subsec. (f)(8)(D). Pub. L. 100–478, § 1011(c), added sub- par. (D). Subsec. (f)(9). Pub. L. 100–478, § 1011(d), struck out par. (9) which provided for comprehensive review by Sec- retary of effectiveness of regulations prescribed pursu- ant to subsec. (f)(5) of this section. 1982—Subsec. (a). Pub. L. 97–304, § 6(1), designated as par. (1) and the beginning phrase of subpar. (A) thereof the existing provisions consisting of language author- izing the Secretary to permit, under such terms and conditions as he may prescribe, any act otherwise pro- hibited by section 1538 of this title for scientific pur- poses or to enhance the propagation or survival of the affected species, and inserted remainder of par. (1)(A) and pars. (1)(B) and (2). Subsec. (d). Pub. L. 97–304, § 6(2), substituted ‘‘sub- sections (a)(1)(A) and (b) of this section’’ for ‘‘sub- sections (a) and (b)

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Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 3371 — Definitions

Page 2285 TITLE 16—CONSERVATION § 3371 § 3343. Construction with fishery conservation and management provisions (a) Consistency Nothing in this chapter shall be construed as affecting the provisions of title III of the Mag- nuson-Stevens Fishery Conservation and Man- agement Act [16 U.S.C. 1851 et seq.] as it applies with respect to fishery management plans and their application to any fishery, except that the Pacific Fishery Management Council shall en- sure that existing and future fishery manage- ment plans are consistent with any rec- ommended program approved under section 3311 of this title and any enhancement plan under subchapter III. (b) Fleet mobility The Secretary of Commerce in coordination with the Pacific Fishery Management Council in its salmon management plan shall ensure that the fishing effort reduction that results from the fleet adjustment program of subchapter IV and the license moratorium of the State of Washington is not replaced by new fishing effort from outside such State. (Pub. L. 96–561, title I, § 142, title II, § 238(b), Dec. 22, 1980, 94 Stat. 3286, 3300; Pub. L. 104–208, div. A, title I, § 101(a) [title II, § 211(b)], Sept. 30, 1996, 110 Stat. 3009, 3009–41.) Editorial Notes REFERENCES IN TEXT The Magnuson-Stevens Fishery Conservation and Management Act, referred to in subsec. (a), is Pub. L. 94–265, Apr. 13, 1976, 90 Stat. 331. Title III of the Act is classified generally to subchapter IV (§ 1851 et seq.) of chapter 38 of this title. For complete classification of this Act to the Code, see Short Title note set out under section 1801 of this title and Tables. AMENDMENTS 1996—Subsec. (a). Pub. L. 104–208 substituted ‘‘Magnu- son-Stevens Fishery’’ for ‘‘Magnuson Fishery’’. 1980—Subsec. (a). Pub. L. 96–

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Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 3372 — Prohibited acts

**(a) Offenses other than marking offenses** It is unlawful for any person— (1) to import, export, transport, sell, receive, acquire, or purchase any fish or wildlife or plant taken, possessed, transported, or sold in violation of any law, treaty, or regulation of the United States or in violation of any Indian tribal law; (2) to import, export, transport, sell, receive, acquire, or purchase in interstate or foreign commerce— (A) any fish or wildlife taken, possessed, transported, or sold in violation of any law or regulation of any State or in violation of any foreign law; or (B) any plant— (i) taken, possessed, transported, or sold in violation of any law or regulation of any State, or any foreign law, that protects plants or that regulates— (I) the theft of plants; (II) the taking of plants from a park, forest reserve, or other officially protected area; (III) the taking of plants from an officially designated area; or (IV) the taking of plants without, or contrary to, required authorization; (ii) taken, possessed, transported, or sold without the payment of appropriate royalties, taxes, or stumpage fees required for the plant by any law or regulation of any State or any foreign law; or (iii) taken, possessed, transported, or sold in violation of any limitation under any law or regulation of any State, or under any foreign law, governing the export or transshipment of plants; (3) within the special maritime and territorial jurisdiction of the United States (as defined in [section 7 of title 18](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section7&num=0&edition=prelim))— (A) to possess any fish or wildlife taken, possessed, transported, or sold in violation of any law or regulation of any

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