16 U.S.C. § 4224 — Penalties and enforcement

Page 2473 TITLE 16—CONSERVATION § 4224 (b) Intermediary countries The Secretary shall establish a moratorium on the importation of raw and worked ivory from an intermediary country immediately upon making a determination that the country— (1) is not a party to CITES; (2) does not adhere to the CITES Ivory Con- trol System; (3) imports raw ivory from a country that is not an ivory producing country; (4) imports raw or worked ivory from a coun- try that is not a party to CITES; (5) imports raw or worked ivory that origi- nates in an ivory producing country in viola- tion of the laws of that ivory producing coun- try; (6) substantially increases its imports of raw or worked ivory from a country that is subject to a moratorium under this chapter during the first three months of that moratorium; or (7) imports raw or worked ivory from a coun- try that is subject to a moratorium under this chapter after the first three months of that moratorium, unless the ivory is imported by vessel during the first six months of that mor- atorium and is accompanied by shipping docu- ments which show that it was exported before the establishment of the moratorium. (c) Suspension of moratorium The Secretary shall suspend a moratorium es- tablished under this section if, after notice and public comment, the Secretary determines that the reasons for establishing the moratorium no longer exist. (d) Petition (1) In general Any person may at any time submit a peti- tion in writing requesting that the Secretary establish or suspend a moratorium under this section. Such a petition shall include such substantial information as may be necessary to demonstrate the need for the action re- quested by the petition. (2) Consideration and ruling The Secretary shall publish a notice of re- ceipt of a petition under this subsection in the Federal Register and shall provide an oppor- tunity for the public to comment on the peti- tion. The Secretary shall rule on such petition not later than 90 days after the close of the public comment period. (e) Sport-hunted trophies Individuals may import sport-hunted elephant trophies that they have legally taken in an ivory producing country that has submitted an ivory quota. The Secretary shall not establish any moratorium under this section, pursuant to a petition or otherwise, which prohibits the im- portation into the United States of sport-hunted trophies from elephants that are legally taken by the importer or the importer’s principal in an ivory producing country that has submitted an ivory quota. (f) Confiscated ivory Trade in raw or worked ivory that is con- fiscated by an ivory producing country or an intermediary country and is disposed of pursu- ant to the CITES Ivory Control System shall not be the sole cause for the establishment of a moratorium under this subchapter if all pro- ceeds from the disposal of the confiscated ivory are used solely to enhance wildlife conservation programs or conservation purposes of CITES. With respect to any country that was not a party to CITES at the time of such confiscation, this subsection shall not apply until such coun- try develops appropriate measures to assure that persons with a history of illegal dealings in ivory shall not benefit from the disposal of con- fiscated ivory. (Pub. L. 100–478, title II, § 2202, Oct. 7, 1988, 102 Stat. 2318.) § 4223. Prohibited acts Except as provided in section 4222(e) of this title, it is unlawful for any person— (1) to import raw ivory from any country other than an ivory producing country; (2) to export raw ivory from the United States; (3) to import raw or worked ivory that was exported from an ivory producing country in violation of that country’s laws or of the CITES Ivory Control System; (4) to import worked ivory, other than per- sonal effects, from any country unless that country has certified that such ivory was de- rived from legal sources; or (5) to import raw or worked ivory from a country for which a moratorium is in effect under section 4222 of this title. (Pub. L. 100–478, title II, § 2203, Oct. 7, 1988, 102 Stat. 2320.) § 4224. Penalties and enforcement (a) Criminal violations Whoever knowingly violates section 4223 of this title shall, upon conviction, be fined under title 18 or imprisoned for not more than one year, or both. (b) Civil violations Whoever violates section 4223 of this title may be assessed a civil penalty by the Secretary of not more than $5,000 for each such violation. (c) Procedures for assessment of civil penalty Proceedings for the assessment of a civil pen- alty under this section shall be conducted in ac- cordance with the procedures provided for in section 1540(a) of this title. (d) Use of penalties Subject to appropriations, penalties collected under this section may be used by the Secretary of the Treasury to pay rewards under section 4225 of this title and, to the extent not used to pay such rewards, shall be deposited by the Sec- retary of the Treasury into the Fund. (e) Enforcement The Secretary, the Secretary of the Treasury, and the Secretary of the department in which the Coast Guard is operating shall enforce this subchapter in the same manner such Secretaries carry out enforcement activities under section 1540(e) of this title. Section 1540(c) of this title Page 2474 TITLE 16—CONSERVATION § 4225 shall apply to actions arising under this sub- chapter. (Pub. L. 100–478, title II, § 2204, Oct. 7, 1988, 102 Stat. 2320.) Statutory Notes and Related Subsidiaries TRANSFER OF FUNCTIONS For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relat- ing thereto, to the Department of Homeland Security, and for treatment of related references, see sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic Secu- rity, and the Department of Homeland Security Reor- ganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6. § 4225. Rewards (a) In general Upon the recommendation of the Secretary, the Secretary of the Treasury may pay a reward to any person who furnishes information which leads to a civil penalty or a criminal conviction under this chapter. (b) Amount The amount of a reward under this section shall be equal to not more than one-half of any criminal or civil penalty or fine with respect to which the reward is paid, or $25,000, whichever is less. (c) Limitation on eligibility An officer or employee of the United States or of any State or local government who furnishes information or renders service in the perform- ance of his or her official duties shall not be eli- gible for a reward under this section. (Pub. L. 100–478, title II, § 2205, Oct. 7, 1988, 102 Stat. 2320.) SUBCHAPTER III—MISCELLANEOUS § 4241. Relationship to Endangered Species Act of 1973 The authority of the Secretary under this chapter is in addition to and shall not affect the authority of the Secretary under the Endan- gered Species Act of 1973 (16 U.S.C. 1531 et seq.) or diminish the Secretary’s authority under the Lacey Act Amendments of 1981 (16 U.S.C. 3371 et seq.). (Pub. L. 100–478, title II, § 2302, Oct. 7, 1988, 102 Stat. 2321.) Editorial Notes REFERENCES IN TEXT The Endangered Species Act of 1973, referred to in text, is Pub. L. 93–205, Dec. 28, 1973, 87 Stat. 884, which is classified generally to chapter 35 (§ 1531 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 1531 of this title and Tables. The Lacey Act Amendments of 1981, referred to in text, is Pub. L. 97–79, Nov. 16, 1981, 95 Stat. 1073, which is classified principally to chapter 53 (§ 3371 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 3371 of this title and Tables. § 4242. Certification under Pelly amendment If the Secretary finds in administering this chapter that a country does not adhere to the CITES Ivory Control System, that country is deemed, for purposes of section 1978(a)(2) of title 22, to be diminishing the effectiveness of an international program for endangered or threat- ened species. (Pub. L. 100–478, title II, § 2303, Oct. 7, 1988, 102 Stat. 2322.) § 4243. Repealed. Pub. L. 107–111, § 6(a)(3), Jan. 8, 2002, 115 Stat. 2096 Section, Pub. L. 100–478, title II, § 2304, Oct. 7, 1988, 102 Stat. 2322, directed Secretary to determine within 3 months after the 8th Conference of the Parties to CITES whether the importation of illegally harvested ivory into the United States had been substantially stopped, and upon a determination that it had not been substantially stopped, to recommend to Congress nec- essary legislation or other actions to achieve the pur- poses of this chapter. § 4244. Definitions In this chapter— (1) the term ‘‘African elephant’’ means any animal of the species loxodonta africana; (2) the term ‘‘CITES’’ means the Convention on the International Trade in Endangered Spe- cies of Wild Fauna and Flora; (3) the term ‘‘CITES Ivory Control System’’ means the ivory quota and marking system es- tablished by CITES to curtail illegal trade in African elephant ivory; (4) the term ‘‘Fund’’ means the account es- tablished by division A, section 101(e), title I of Public Law 105–277 under the heading ‘‘MUL- TINATIONAL SPECIES CONSERVATION FUND’’ [16 U.S.C. 4246]; (5) the terms ‘‘import’’ and ‘‘importation’’ have the meanings such terms have in the En- dangered Species Act of 1973 (16 U.S.C. 1531 et seq.); (6) the term ‘‘intermediary country’’ means a country that exports raw or worked ivory that does not originate in that country; (7) the term ‘‘ivory producing country’’ means any African country within which is lo- cated any part of the range of a population of African elephants; (8) the term ‘‘ivory quota’’ means a quota submitted by an ivory producing country to the CITES Secretariat in accordance with the CITES Ivory Control System; (9) the term ‘‘personal effects’’ means arti- cles which are not intended for sale and are part of a shipment of the household effects of a person who is moving his or her residence to or from the United States, or are included in personal accompanying baggage; (10) the term ‘‘raw ivory’’ means any African elephant tusk, and any piece thereof, the sur- face of which, polished or unpolished, is unaltered or minimally carved; (11) the term ‘‘Secretary’’ means the Sec- retary of the Interior; (12) the term ‘‘United States’’ means the fifty States, the District of Columbia, Guam, the Commonwealth of the Northern Mariana Islands, the Commonwealth of Puerto Rico,