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16 U.S.C. § 5305a — Prohibition on sale, importation, or ex-

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

16 U.S.C. § 5305a — Prohibition on sale, importation, or ex-

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Page 2542 TITLE 16—CONSERVATION § 5305 for conservation of rhinoceros or tigers by as- sisting efforts to— (1) implement conservation programs; (2) enhance compliance with provisions of CITES and laws of the United States or a for- eign country that prohibit or regulate the tak- ing or trade of rhinoceros or tigers or the use of rhinoceros or tiger habitat; or (3) develop sound scientific information on that species’ habitat condition and carrying capacity, total numbers and population trends, or annual reproduction and mortality. (e) Project sustainability To the maximum extent practical, in deter- mining whether to approve project proposals under this section, the Secretary shall give con- sideration to projects which will enhance sus- tainable conservation programs to ensure effec- tive long-term conservation of rhinoceros and tigers. (f) Project reporting Each person that receives assistance under this section for a project shall provide periodic reports, as the Secretary considers necessary, to the Secretary and the Administrator. Each re- port shall include all information requested by the Secretary, after consulting with the Admin- istrator, for evaluating the progress and success of the project. (g) Multiyear grants (1) Authorization The Secretary may award to a person who is otherwise eligible for a grant under this sec- tion a multiyear grant of up to 5 years to carry out a project that the person dem- onstrates is an effective, long-term conserva- tion strategy for rhinoceroses or tigers and the habitat of rhinoceroses or tigers. (2) Effect Nothing in this subsection precludes the Secretary from awarding a grant on an annual basis. (Pub. L. 103–391, § 5, Oct. 22, 1994, 108 Stat. 4095; Pub. L. 107–112, § 5, Jan. 8, 2002, 115 Stat. 2098; Pub. L. 110–132, § 3(a), Dec. 6, 2007, 121 Stat. 1360; Pub. L. 118–159, div. E, title LIII, § 5305(a), Dec. 23, 2024, 138 Stat. 2445.) Editorial Notes AMENDMENTS 2024—Subsec. (g). Pub. L. 118–159 added subsec. (g). 2007—Subsec. (c). Pub. L. 110–132 substituted ‘‘and to the Administrator’’ for ‘‘, to the Administrator, and to each country within which the project is to be con- ducted’’ in third sentence. 2002—Subsec. (e). Pub. L. 107–112 amended heading and text generally. Prior to amendment, text read as follows: ‘‘To the maximum extent practical, the Sec- retary should give consideration to projects which will enhance sustainable development programs to ensure effective, long-term conservation of rhinoceros and ti- gers.’’ § 5305. Acceptance and use of donations The Secretary may accept and use donations to provide assistance under section 5304 of this title. Amounts received by the Secretary in the form of donations shall be transferred to the Secretary of the Treasury for deposit into the Fund. (Pub. L. 103–391, § 6, Oct. 22, 1994, 108 Stat. 4096; Pub. L. 107–112, § 6(a)(2), Jan. 8, 2002, 115 Stat. 2098.) Editorial Notes AMENDMENTS 2002—Pub. L. 107–112 redesignated heading and text of subsec. (d) as entire section and struck out former sec- tion catchline and headings and text of subsecs. (a) to (c). Prior to amendment, text of subsecs. (a) to (c) re- lated to establishment in the Treasury of the Rhinoc- eros and Tiger Conservation Fund, consisting of amounts deposited by the Secretary of the Treasury from donations and appropriated funds, to be used to provide assistance under section 5304 of this title, with not more than three percent of appropriated funds per fiscal year used to administer the Fund. § 5305a. Prohibition on sale, importation, or ex- portation of products labeled or advertised as rhinoceros or tiger products (a) Prohibition A person shall not sell, import, or export, or attempt to sell, import, or export, any product, item, or substance intended for human consump- tion or application containing, or labeled or ad- vertised as containing, any substance derived from any species of rhinoceros or tiger. (b) Penalties (1) Criminal penalty A person engaged in business as an importer, exporter, or distributor that knowingly vio- lates subsection (a) shall be fined under title 18, imprisoned not more than 6 months, or both. (2) Civil penalties (A) In general A person that knowingly violates sub- section (a), and a person engaged in business as an importer, exporter, or distributor that violates subsection (a), may be assessed a civil penalty by the Secretary of not more than $12,000 for each violation. (B) Manner of assessment and collection A civil penalty under this paragraph shall be assessed, and may be collected, in the manner in which a civil penalty under the Endangered Species Act of 1973 [16 U.S.C. 1531 et seq.] may be assessed and collected under section 11(a) of that Act (16 U.S.C. 1540(a)). (c) Products, items, and substances Any product, item, or substance sold, im- ported, or exported, or attempted to be sold, im- ported, or exported, in violation of this section or any regulation issued under this section shall be subject to seizure and forfeiture to the United States. (d) Regulations After consultation with the Secretary of the Treasury, the Secretary of Health and Human Services, and the United States Trade Rep- resentative, the Secretary shall issue such regu- lations as are appropriate to carry out this sec- tion. Page 2543 TITLE 16—CONSERVATION § 5306 1 So in original. Probably should not be capitalized. (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 section in the manner in which the Secretaries carry out enforcement activities under section 11(e) of the Endangered Species Act of 1973 (16 U.S.C. 1540(e)). (f) Use of penalty amounts Amounts received as penalties, fines, or for- feiture of property under this section shall be used in accordance with section 3375(d) of this title. (Pub. L. 103–391, § 7, as added Pub. L. 105–312, title IV, § 405(2), Oct. 30, 1998, 112 Stat. 2960.) Editorial Notes REFERENCES IN TEXT The Endangered Species Act of 1973, referred to in subsec. (b)(2)(B), 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 sec- tion 1531 of this title and Tables. PRIOR PROVISIONS A prior section 7 of Pub. L. 103–391 was renumbered section 10 and is classified to section 5306 of this title. 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. § 5305b. Educational outreach program (a) In general Not later than 180 days after October 30, 1998, the Secretary shall develop and implement an educational outreach program in the United States for the conservation of rhinoceros and tiger species. (b) Guidelines The Secretary shall publish in the Federal Register guidelines for the program. (c) Contents Under the program, the Secretary shall pub- lish and disseminate information regarding— (1) laws protecting rhinoceros and tiger spe- cies, in particular laws prohibiting trade in products containing, or labeled or advertised as containing, their parts; (2) use of traditional medicines that contain parts or products of rhinoceros and tiger spe- cies, health risks associated with their use, and available alternatives to the medicines; and (3) the status of rhinoceros and tiger species and the reasons for protecting the species. (Pub. L. 103–391, § 8, as added Pub. L. 105–312, title IV, § 406, Oct. 30, 1998, 112 Stat. 2961.) § 5305c. Advisory group (a) In general To assist in carrying out this chapter, the Sec- retary may convene an advisory group con- sisting of individuals representing public and private organizations actively involved in the conservation of rhinoceros and tiger species. (b) Public participation (1) Meetings The Advisory Group 1 shall— (A) ensure that each meeting of the advi- sory group is open to the public; and (B) provide, at each meeting, an oppor- tunity for interested persons to present oral or written statements concerning items on the agenda. (2) Notice The Secretary shall provide to the public timely notice of each meeting of the advisory group. (3) Minutes Minutes of each meeting of the advisory group shall be kept by the Secretary and shall be made available to the public. (c) Exemption from chapter 10 of title 5 Chapter 10 of title 5 shall not apply to the ad- visory group. (Pub. L. 103–391, § 9, as added Pub. L. 107–112, § 4, Jan. 8, 2002, 115 Stat. 2097; amended Pub. L. 117–286, § 4(a)(123), Dec. 27, 2022, 136 Stat. 4319.) Editorial Notes PRIOR PROVISIONS A prior section 9 of Pub. L. 103–391 was renumbered section 10 and is classified to section 5306 of this title. AMENDMENTS 2022—Subsec. (c). Pub. L. 117–286 substituted ‘‘chapter 10 of title 5’’ for ‘‘Federal Advisory Committee Act’’ in heading and ‘‘Chapter 10 of title 5’’ for ‘‘The Federal Advisory Committee Act (5 U.S.C. App.)’’ in text. § 5306. Authorization of appropriations (a) In general There is authorized to be appropriated to the Fund $10,000,000 for each of fiscal years 2025 through 2029 to carry out this chapter, to re- main available until expended. (b) Administrative expenses Of amounts available each fiscal year to carry out this chapter, the Secretary may expend not more than 3 percent or $100,000, whichever is greater, to pay the administrative expenses nec- essary to carry out this chapter. (Pub. L. 103–391, § 10, formerly § 7, Oct. 22, 1994, 108 Stat. 4097; renumbered § 9 and amended Pub. L. 105–312, title IV, §§ 405(1), 407, Oct. 30, 1998, 112 Stat. 2960, 2961; renumbered § 10 and amended Pub. L. 107–112, §§ 2–4, Jan. 8, 2002, 115 Stat. 2097; Pub. L. 110–132, § 3(b), (c), Dec. 6, 2007, 121 Stat. 1360; Pub. L. 116–9, title VII, § 7001(c)(1)(C), Mar. 12, 2019, 133 Stat. 784; Pub. L. 118–159, div. E, title LIII, § 5305(b), Dec. 23, 2024, 138 Stat. 2446.)

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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

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. § 5305a — Prohibition on sale, importation, or exportation of products labeled or advertised as rhinoceros or tiger products

**(a) Prohibition** A person shall not sell, import, or export, or attempt to sell, import, or export, any product, item, or substance intended for human consumption or application containing, or labeled or advertised as containing, any substance derived from any species of rhinoceros or tiger. **(b) Penalties** (1) **Criminal penalty** — A person engaged in business as an importer, exporter, or distributor that knowingly violates subsection (a) shall be fined under title 18, imprisoned not more than 6 months, or both. (2) **Civil penalties** (A) *In general* — A person that knowingly violates subsection (a), and a person engaged in business as an importer, exporter, or distributor that violates subsection (a), may be assessed a civil penalty by the Secretary of not more than $12,000 for each violation. (B) *Manner of assessment and collection* — A civil penalty under this paragraph shall be assessed, and may be collected, in the manner in which a civil penalty 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.] may be assessed and collected under 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)). **(c) Products, items, and substances** Any product, item, or substance sold, imported, or exported, or attempted to be sold, imported, or exported, in violation of this section or any regulation issued under this section shall be subject to seizure and forfeiture to the United States. **(d) Regulations** After consultation with the Secretary of the Treasury, the Secretary of Health and Human Services, and the United States Trade Representative, th

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