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) of this section’’. Subsec. (f)(1)(B). Pub. L. 97–304, § 6(3)(A), substituted ‘‘involves the substantial etching or engraving of de- signs upon, or the substantial carving of figures’’ for ‘‘involves the etching or engraving of designs upon, or the carving of figures’’ and inserted provision that, for purposes of this subsection, polishing or the adding of minor superficial markings does not constitute sub- stantial etching, engraving, or carving. Subsec. (f)(9). Pub. L. 97–304, § 6(3)(B), added par. (9). Subsec. (h)(1). Pub. L. 97–304, § 6(4)(A), struck out ‘‘(other than scrimshaw)’’ after ‘‘do not apply to any article’’ in provisions preceding subpar. (A) and in sub- par. (A) substituted ‘‘is not less than 100 years of age’’ for ‘‘was made before 1830’’. Subsec. (i). Pub. L. 97–304, § 6(5), substituted provi- sions covering noncommercial transshipments of fish or wildlife for provisions that had related to exemp- tions from the provisions of this title of the Tellico Dam and Reservoir Project and the Grayrocks Dam and Reservoir Project and to the operation of the Missouri Basin Power Project. Subsec. (j). Pub. L. 97–304, § 6(6), added subsec. (j). 1979—Subsec. (f)(4)(C). Pub. L. 96–159, § 7(1), inserted ‘‘unless such exemption is renewed under paragraph (8)’’ after ‘‘issuance of the certificate’’. Subsec. (f)(8). Pub. L. 96–159, § 7(2), added par. (8). 1978—Subsecs. (h), (i). Pub. L. 95–632 added subsecs. (h) and (i). 1976—Subsec. (c). Pub. L. 94–359, § 3, substituted ‘‘sec- tion’’ for ‘‘subsection’’ and inserted ‘‘; except that such thirty-day period may be waived by the Secretary in an emergency situation where the health or life of an en- dangered animal is threatened and no reasonable alter- native is available to the applicant, but notice of any such waiver shall be published by the Secretary in the Federal Register within ten days following the issuance of the exemption or permit.’’ after ‘‘every stage of the proceeding’’. Subsecs. (f), (g). Pub. L. 94–359, § 2, added subsecs. (f) and (g). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1982 AMENDMENT Pub. L. 97–304, § 6(4)(B), Oct. 13, 1982, 96 Stat. 1424, pro- vided that: ‘‘The amendment made by subparagraph (A) [amending this section] shall take effect January 1, 1981.’’ TRANSFER OF FUNCTIONS For transfer of functions, personnel, assets, and li- abilities of the United States Customs Service of the Department of the Treasury, including functions of the Secretary of the Treasury relating thereto, to the Sec- retary of Homeland Security, and for treatment of re- lated references, see sections 203(1), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of Novem- ber 25, 2002, as modified, set out as a note under section 542 of Title 6. For establishment of U.S. Customs and Border Protection in the Department of Homeland Se- curity, treated as if included in Pub. L. 107–296 as of Nov. 25, 2002, see section 211 of Title 6, as amended gen- erally by Pub. L. 114–125, and section 802(b) of Pub. L. 114–125, set out as a note under section 211 of Title 6. SCRIMSHAW EXEMPTIONS Pub. L. 103–238, § 18, Apr. 30, 1994, 108 Stat. 559, pro- vided that: ‘‘Notwithstanding any other provision of law, any valid certificate of exemption renewed by the Secretary (or deemed to be renewed) under section 10(f)(8) of the Endangered Species Act of 1973 (16 U.S.C. 1539(f)(8)) for any person holding such a certificate with respect to the possession of pre-Act finished scrimshaw products or raw material for such products shall re- main valid for a period not to exceed 5 years beginning on the date of enactment of this Act [Apr. 30, 1994].’’ § 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 vio- lates, any provision of this chapter, or any pro- vision of any permit or certificate issued here- under, 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 fil- ing of reports), (f) or (g) of section 1538 of this title, may be assessed a civil penalty by the Sec- retary of not more than $25,000 for each viola- tion. Any person who knowingly violates, and any person engaged in business as an importer or exporter of fish, wildlife, or plants who vio- lates, 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 re- spect 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 At- torney General to institute a civil action in a district court of the United States for any dis- trict in which such person is found, resides, or transacts business to collect the penalty and such court shall have jurisdiction to hear and decide any such action. The court shall hear such action on the record made before the Sec- retary and shall sustain his action if it is sup- Page 1942 TITLE 16—CONSERVATION § 1540 ported by substantial evidence on the record considered as a whole. (2) Hearings held during proceedings for the assessment of civil penalties authorized by para- graph (1) of this subsection shall be conducted in accordance with section 554 of title 5. The Sec- retary may issue subpenas for the attendance and testimony of witnesses and the production of relevant papers, books, and documents, and administer oaths. Witnesses summoned shall be paid the same fees and mileage that are paid to witnesses in the courts of the United States. In case of contumacy or refusal to obey a subpena served upon any person pursuant to this para- graph, the district court of the United States for any district in which such person is found or re- sides or transacts business, upon application by the United States and after notice to such per- son, shall have jurisdiction to issue an order re- quiring such person to appear and give testi- mony before the Secretary or to appear and produce documents before the Secretary, or both, and any failure to obey such order of the court may be punished by such court as a con- tempt thereof. (3) Notwithstanding any other provision of this chapter, no civil penalty shall be imposed if it can be shown by a preponderance of the evi- dence that the defendant committed an act based on a good faith belief that he was acting to protect himself or herself, a member of his or her family, or any other individual from bodily harm, from any endangered or threatened spe- cies. (b) Criminal violations (1) Any person who knowingly violates any provision of this chapter, of any permit or cer- tificate 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 a regulation relat- ing to recordkeeping, or filing of reports), (f), or (g) of section 1538 of this title shall, upon con- viction, be fined not more than $50,000 or impris- oned for not more than one year, or both. Any person who knowingly violates any provision of any other regulation issued under this chapter shall, upon conviction, be fined not more than $25,000 or imprisoned for not more than six months, or both. (2) The head of any Federal agency which has issued a lease, license, permit, or other agree- ment authorizing a person to import or export fish, wildlife, or plants, or to operate a quar- antine station for imported wildlife, or author- izing the use of Federal lands, including grazing of domestic livestock, to any person who is con- victed of a criminal violation of this chapter or any regulation, permit, or certificate issued hereunder may immediately modify, suspend, or revoke each lease, license, permit, or other agreement. The Secretary shall also suspend for a period of up to one year, or cancel, any Fed- eral hunting or fishing permits or stamps issued to any person who is convicted of a criminal vio- lation of any provision of this chapter or any regulation, permit, or certificate issued here- under. The United States shall not be liable for the payments of any compensation, reimburse- ment, or damages in connection with the modi- fication, suspension, or revocation of any leases, licenses, permits, stamps, or other agreements pursuant to this section. (3) Notwithstanding any other provision of this chapter, it shall be a defense to prosecution under this subsection if the defendant com- mitted the offense based on a good faith belief that he was acting to protect himself or herself, a member of his or her family, or any other indi- vidual, from bodily harm from any endangered or threatened species. (c) District court jurisdiction The several district courts of the United States, including the courts enumerated in sec- tion 460 of title 28, shall have jurisdiction over any actions arising under this chapter. For the purpose of this chapter, American Samoa shall be included within the judicial district of the District Court of the United States for the Dis- trict of Hawaii. (d) Rewards and certain incidental expenses The Secretary or the Secretary of the Treas- ury shall pay, from sums received as penalties, fines, or forfeitures of property for any violation of this chapter or any regulation issued here- under (1) a reward to any person who furnishes information which leads to an arrest, a criminal conviction, civil penalty assessment, or for- feiture of property for any violation of this chapter or any regulation issued hereunder, and (2) the reasonable and necessary costs incurred by any person in providing temporary care for any fish, wildlife, or plant pending the disposi- tion of any civil or criminal proceeding alleging a violation of this chapter with respect to that fish, wildlife, or plant. The amount of the re- ward, if any, is to be designated by the Sec- retary or the Secretary of the Treasury, as ap- propriate. Any officer or employee of the United States or any State or local government who furnishes information or renders service in the performance of his official duties is ineligible for payment under this subsection. Whenever the balance of sums received under this section and section 3375(d) of this title, as penalties or fines, or from forfeitures of property, exceed $500,000, the Secretary of the Treasury shall de- posit an amount equal to such excess balance in the cooperative endangered species conservation fund established under section 1535(i) of this title. (e) Enforcement (1) The provisions of this chapter and any reg- ulations or permits issued pursuant thereto shall be enforced by the Secretary, the Sec- retary of the Treasury, or the Secretary of the Department in which the Coast Guard is oper- ating, or all such Secretaries. Each such Sec- retary may utilize by agreement, with or with- out reimbursement, the personnel, services, and facilities of any other Federal agency or any State agency for purposes of enforcing this chapter. (2) The judges of the district courts of the United States and the United States magistrate judges may, within their respective jurisdic- tions, upon proper oath or affirmation showing probable cause, issue such warrants or other process as may be required for enforcement of Page 1943 TITLE 16—CONSERVATION § 1540 this chapter and any regulation issued there- under. (3) Any person authorized by the Secretary, the Secretary of the Treasury, or the Secretary of the Department in which the Coast Guard is operating, to enforce this chapter may detain for inspection and inspect any package, crate, or other container, including its contents, and all accompanying documents, upon importation or exportation. Such person may make arrests without a warrant for any violation of this chap- ter if he has reasonable grounds to believe that the person to be arrested is committing the vio- lation in his presence or view, and may execute and serve any arrest warrant, search warrant, or other warrant or civil or criminal process issued by any officer or court of competent jurisdiction for enforcement of this chapter. Such person so authorized may search and seize, with or with- out a warrant, as authorized by law. Any fish, wildlife, property, or item so seized shall be held by any person authorized by the Secretary, the Secretary of the Treasury, or the Secretary of the Department in which the Coast Guard is op- erating pending disposition of civil or criminal proceedings, or the institution of an action in rem for forfeiture of such fish, wildlife, prop- erty, or item pursuant to paragraph (4) of this subsection; except that the Secretary may, in lieu of holding such fish, wildlife, property, or item, permit the owner or consignee to post a bond or other surety satisfactory to the Sec- retary, but upon forfeiture of any such property to the United States, or the abandonment or waiver of any claim to any such property, it shall be disposed of (other than by sale to the general public) by the Secretary in such a man- ner, consistent with the purposes of this chap- ter, as the Secretary shall by regulation pre- scribe. (4)(A) All fish or wildlife or plants taken, pos- sessed, sold, purchased, offered for sale or pur- chase, transported, delivered, received, carried, shipped, exported, or imported contrary to the provisions of this chapter, any regulation made pursuant thereto, or any permit or certificate issued hereunder shall be subject to forfeiture to the United States. (B) All guns, traps, nets, and other equipment, vessels, vehicles, aircraft, and other means of transportation used to aid the taking, pos- sessing, selling, purchasing, offering for sale or purchase, transporting, delivering, receiving, carrying, shipping, exporting, or importing of any fish or wildlife or plants in violation of this chapter, any regulation made pursuant thereto, or any permit or certificate issued thereunder shall be subject to forfeiture to the United States upon conviction of a criminal violation pursuant to subsection (b)(1) of this section. (5) All provisions of law relating to the sei- zure, forfeiture, and condemnation of a vessel for violation of the customs laws, the disposi- tion of such vessel or the proceeds from the sale thereof, and the remission or mitigation of such forfeiture, shall apply to the seizures and for- feitures incurred, or alleged to have been in- curred, under the provisions of this chapter, in- sofar as such provisions of law are applicable and not inconsistent with the provisions of this chapter; except that all powers, rights, and du- ties conferred or imposed by the customs laws upon any officer or employee of the Treasury Department shall, for the purposes of this chap- ter, be exercised or performed by the Secretary or by such persons as he may designate. (6) The Attorney General of the United States may seek to enjoin any person who is alleged to be in violation of any provision of this chapter or regulation issued under authority thereof. (f) Regulations The Secretary, the Secretary of the Treasury, and the Secretary of the Department in which the Coast Guard is operating, are authorized to promulgate such regulations as may be appro- priate to enforce this chapter, and charge rea- sonable fees for expenses to the Government connected with permits or certificates author- ized by this chapter including processing appli- cations and reasonable inspections, and with the transfer, board, handling, or storage of fish or wildlife or plants and evidentiary items seized and forfeited under this chapter. All such fees collected pursuant to this subsection shall be deposited in the Treasury to the credit of the appropriation which is current and chargeable for the cost of furnishing the services. Appro- priated funds may be expended pending reim- bursement from parties in interest. (g) Citizen suits (1) Except as provided in paragraph (2) of this subsection any person may commence a civil suit on his own behalf— (A) to enjoin any person, including the United States and any other governmental in- strumentality or agency (to the extent per- mitted by the eleventh amendment to the Constitution), who is alleged to be in violation of any provision of this chapter or regulation issued under the authority thereof; or (B) to compel the Secretary to apply, pursu- ant to section 1535(g)(2)(B)(ii) of this title, the prohibitions set forth in or authorized pursu- ant to section 1533(d) or 1538(a)(1)(B) of this title with respect to the taking of any resident endangered species or threatened species with- in any State; or (C) against the Secretary where there is al- leged a failure of the Secretary to perform any act or duty under section 1533 of this title which is not discretionary with the Secretary. The district courts shall have jurisdiction, with- out regard to the amount in controversy or the citizenship of the parties, to enforce any such provision or regulation, or to order the Sec- retary to perform such act or duty, as the case may be. In any civil suit commenced under sub- paragraph (B) the district court shall compel the Secretary to apply the prohibition sought if the court finds that the allegation that an emer- gency exists is supported by substantial evi- dence. (2)(A) No action may be commenced under sub- paragraph (1)(A) of this section— (i) prior to sixty days after written notice of the violation has been given to the Secretary, and to any alleged violator of any such provi- sion or regulation; (ii) if the Secretary has commenced action to impose a penalty pursuant to subsection (a) of this section; or Page 1944 TITLE 16—CONSERVATION § 1540 1 See References in Text note below. (iii) if the United States has commenced and is diligently prosecuting a criminal action in a court of the United States or a State to re- dress a violation of any such provision or regu- lation. (B) No action may be commenced under sub- paragraph (1)(B) of this section— (i) prior to sixty days after written notice has been given to the Secretary setting forth the reasons why an emergency is thought to exist with respect to an endangered species or a threatened species in the State concerned; or (ii) if the Secretary has commenced and is diligently prosecuting action under section 1535(g)(2)(B)(ii) of this title to determine whether any such emergency exists. (C) No action may be commenced under sub- paragraph (1)(C) of this section prior to sixty days after written notice has been given to the Secretary; except that such action may be brought immediately after such notification in the case of an action under this section respect- ing an emergency posing a significant risk to the well-being of any species of fish or wildlife or plants. (3)(A) Any suit under this subsection may be brought in the judicial district in which the vio- lation occurs. (B) In any such suit under this subsection in which the United States is not a party, the At- torney General, at the request of the Secretary, may intervene on behalf of the United States as a matter of right. (4) The court, in issuing any final order in any suit brought pursuant to paragraph (1) of this subsection, may award costs of litigation (in- cluding reasonable attorney and expert witness fees) to any party, whenever the court deter- mines such award is appropriate. (5) The injunctive relief provided by this sub- section shall not restrict any right which any person (or class of persons) may have under any statute or common law to seek enforcement of any standard or limitation or to seek any other relief (including relief against the Secretary or a State agency). (h) Coordination with other laws The Secretary of Agriculture and the Sec- retary shall provide for appropriate coordina- tion of the administration of this chapter with the administration of the animal quarantine laws (as defined in section 136a(f) of title 21) and section 306 1 of the Tariff Act of 1930 (19 U.S.C. 1306). Nothing in this chapter or any amendment made by this chapter shall be construed as su- perseding or limiting in any manner the func- tions of the Secretary of Agriculture under any other law relating to prohibited or restricted importations or possession of animals and other articles and no proceeding or determination under this chapter shall preclude any proceeding or be considered determinative of any issue of fact or law in any proceeding under any Act ad- ministered by the Secretary of Agriculture. Nothing in this chapter shall be construed as su- perseding or limiting in any manner the func- tions and responsibilities of the Secretary of the Treasury under the Tariff Act of 1930 [19 U.S.C. 1202 et seq.], including, without limitation, sec- tion 527 of that Act (19 U.S.C. 1527), relating to the importation of wildlife taken, killed, pos- sessed, or exported to the United States in viola- tion of the laws or regulations of a foreign coun- try. (Pub. L. 93–205, § 11, Dec. 28, 1973, 87 Stat. 897; Pub. L. 94–359, § 4, July 12, 1976, 90 Stat. 913; Pub. L. 95–632, §§ 6–8, Nov. 10, 1978, 92 Stat. 3761, 3762; Pub. L. 97–79, § 9(e), Nov. 16, 1981, 95 Stat. 1079; Pub. L. 97–304, §§ 7, 9(c), Oct. 13, 1982, 96 Stat. 1425, 1427; Pub. L. 98–327, § 4, June 25, 1984, 98 Stat. 271; Pub. L. 100–478, title I, § 1007, Oct. 7, 1988, 102 Stat. 2309; Pub. L. 101–650, title III, § 321, Dec. 1, 1990, 104 Stat. 5117; Pub. L. 107–171, title X, § 10418(b)(3), May 13, 2002, 116 Stat. 508.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsecs. (a)(1), (3), (b)–(f), (g)(1)(A), and (h), was in the original ‘‘this Act’’, mean- ing Pub. L. 93–205, Dec. 28, 1973, 81 Stat. 884, known as the Endangered Species Act of 1973, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 1531 of this title and Tables. The amendments made by this chapter, referred to in subsec. (h), refer to the amendments made by Pub. L. 93–205, which amended section 460k–1, former section 460l–9, and sections 668dd, 715i, 715s, 1362, 1371, 1372, and 1402 of this title and section 136 of Title 7, Agriculture, and repealed sections 668aa to 668cc–6 of this title. The Tariff Act of 1930, referred to in subsec. (h), is act June 17, 1930, ch. 497, 46 Stat. 590, which is classified generally to chapter 4 (§ 1202 et seq.) of Title 19, Cus- toms Duties. Section 306 of the Act was repealed by Pub. L. 107–171, title X, § 10418(a)(5), May 13, 2002, 116 Stat. 507. For complete classification of this Act to the Code, see section 1654 of Title 19 and Tables. AMENDMENTS 2002—Subsec. (h). Pub. L. 107–171 substituted ‘‘animal quarantine laws (as defined in section 136a(f) of title 21)’’ for ‘‘animal quarantine laws (21 U.S.C. 101–105, 111–135b, and 612–614)’’. 1988—Subsec. (a)(1). Pub. L. 100–478, § 1007(a), sub- stituted ‘‘$25,000’’ for ‘‘$10,000’’ and ‘‘$12,000’’ for ‘‘$5,000’’. Subsec. (b)(1). Pub. L. 100–478, § 1007(b), substituted ‘‘$50,000’’ for ‘‘$20,000’’ and ‘‘$25,000’’ for ‘‘$10,000’’. Subsec. (d). Pub. L. 100–478, § 1007(c), inserted at end ‘‘Whenever the balance of sums received under this sec- tion and section 3375(d) of this title, as penalties or fines, or from forfeitures of property, exceed $500,000, the Secretary of the Treasury shall deposit an amount equal to such excess balance in the cooperative endan- gered species conservation fund established under sec- tion 1535(i) of this title.’’ 1984—Subsec. (d). Pub. L. 98–327, in first sentence, substituted a comma for ‘‘a reward’’ after ‘‘shall pay’’, inserted ‘‘(1) a reward’’ before ‘‘to any person’’, and added cl. (2). 1982—Subsecs. (a)(1), (b)(1). Pub. L. 97–304, § 9(c), sub- stituted ‘‘(a)(2)(A), (B), (C), or (D)’’ for ‘‘(a)(2)(A), (B), or (C)’’. Subsec. (e)(6). Pub. L. 97–304, § 7(1), added par. (6). Subsec. (g)(1)(B). Pub. L. 97–304, § 7(2)(A)(i), sub- stituted ‘‘any State; or’’ for ‘‘any State.’’. Subsec. (g)(1)(C). Pub. L. 97–304, § 7(2)(A)(ii), added subpar. (C). Subsec. (g)(1). Pub. L. 97–304, § 7(2)(A)(iii), inserted ‘‘or to order the Secretary to perform such act or duty,’’ after ‘‘any such provision or regulation,’’ in provisions following subpar. (C). Page 1945 TITLE 16—CONSERVATION § 1542 1 So in original. Probably should be ‘‘section’’. Subsec. (g)(2)(C). Pub. L. 97–304, § 7(2)(B), added sub- par. (C). 1981—Subsec. (d). Pub. L. 97–79 substituted ‘‘The Sec- retary or the Secretary of the Treasury shall pay a re- ward from sums received as penalties, fines, or forfeit- ures of property for any violation of this chapter or any regulation issued hereunder to any person who fur- nishes information which leads to an arrest, a criminal conviction, civil penalty assessment, or forfeiture of property for any violation of this chapter or any regu- lation issued hereunder’’ for ‘‘Upon the recommenda- tion of the Secretary, the Secretary of the Treasury is authorized to pay an amount equal to one-half of the civil penalty or fine paid, but not to exceed $2,500, to any person who furnishes information which leads to a finding of civil violation or a conviction of a criminal violation of any provision of this chapter or any regula- tion or permit issued thereunder’’ and inserted provi- sion that the amount of the reward, if any, be des- ignated by the Secretary or the Secretary of the Treas- ury, as appropriate. 1978—Subsec. (a)(1). Pub. L. 95–632, § 6(1), (2), sub- stituted ‘‘and any person engaged in business as an im- porter or exporter of fish, wildlife, or plants who vio- lates’’ for ‘‘or who knowingly commits an act in the course of a commercial activity which violates’’ in two places and ‘‘$500’’ for ‘‘$1,000’’. Subsec. (a)(3). Pub. L. 95–632, § 7, added par. (3). Subsec. (b)(1). Pub. L. 95–632, § 6(3), substituted ‘‘knowingly’’ for ‘‘willfully commits an act which’’ in two places. Subsec. (b)(2). Pub. L. 95–632, § 6(4), inserted ‘‘a person to import or export fish, wildlife, or plants, or to oper- ate a quarantine station for imported wildlife, or au- thorizing’’ after ‘‘authorizing’’. Subsec. (b)(3). Pub. L. 95–632, § 8, added par. (3). 1976—Subsec. (e)(3). Pub. L. 94–359 inserted ‘‘make ar- rests without a warrant for any violation of this chap- ter if he has reasonable grounds to believe that the per- son to be arrested is committing the violation in his presence or view, and may’’ after ‘‘Such person may’’ and ‘‘, but upon forfeiture of any such property to the United States, or the abandonment or waiver of any claim to any such property, it shall be disposed of (other than by sale to the general public) by the Sec- retary in such a manner, consistent with the purposes of this chapter, as the Secretary shall by regulation prescribe,’’ after ‘‘other surety satisfactory to the Sec- retary’’. Statutory Notes and Related Subsidiaries CHANGE OF NAME ‘‘United States magistrate judges’’ substituted for ‘‘United States magistrates’’ in subsec. (e)(2) pursuant to section 321 of Pub. L. 101–650, set out as a note under section 631 of Title 28, Judiciary and Judicial Proce- dure. EFFECTIVE DATE OF 1981 AMENDMENT Pub. L. 97–79, § 9(f), Nov. 16, 1981, 95 Stat. 1080, pro- vided that: ‘‘The amendment specified in subsection 9(e) of this Act [amending this section] shall take effect beginning in fiscal year 1983.’’ 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. For transfer of functions of the Secretary of Agri- culture relating to agricultural import and entry in- spection activities under this section to the Secretary of Homeland Security, and for treatment of related ref- erences, see sections 231, 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6. § 1541. Endangered plants The Secretary of the Smithsonian Institution, in conjunction with other affected agencies, is authorized and directed to review (1) species of plants which are now or may become endangered or threatened and (2) methods of adequately conserving such species, and to report to Con- gress, within one year after December 28, 1973, the results of such review including rec- ommendations for new legislation or the amend- ment of existing legislation. (Pub. L. 93–205, § 12, Dec. 28, 1973, 87 Stat. 901.) § 1542. Authorization of appropriations (a) In general Except as provided in subsections (b), (c), and (d), there are authorized to be appropriated— (1) not to exceed $35,000,000 for fiscal year 1988, $36,500,000 for fiscal year 1989, $38,000,000 for fiscal year 1990, $39,500,000 for fiscal year 1991, and $41,500,000 for fiscal year 1992 to en- able the Department of the Interior to carry out such functions and responsibilities as it may have been given under this chapter; (2) not to exceed $5,750,000 for fiscal year 1988, $6,250,000 for each of fiscal years 1989 and 1990, and $6,750,000 for each of fiscal years 1991 and 1992 to enable the Department of Com- merce to carry out such functions and respon- sibilities as it may have been given under this chapter; and (3) not to exceed $2,200,000 for fiscal year 1988, $2,400,000 for each of fiscal years 1989 and 1990, and $2,600,000 for each of fiscal years 1991 and 1992, to enable the Department of Agri- culture to carry out its functions and respon- sibilities with respect to the enforcement of this chapter and the Convention which pertain to the importation or exportation of plants. (b) Exemptions There are authorized to be appropriated to the Secretary to assist him and the Endangered Spe- cies Committee in carrying out their functions under sections 1 1536(e), (g), and (h) of this title not to exceed $600,000 for each of fiscal years 1988, 1989, 1990, 1991, and 1992. (c) Convention implementation There are authorized to be appropriated to the Department of the Interior for purposes of car- rying out section 1537a(e) of this title not to ex- ceed $400,000 for each of fiscal years 1988, 1989, and 1990, and $500,000 for each of fiscal years 1991 and 1992, and such sums shall remain available until expended. (Pub. L. 93–205, § 15, Dec. 28, 1973, 87 Stat. 903; Pub. L. 94–325, June 30, 1976, 90 Stat. 724; Pub. L. 95–632, § 9, Nov. 10, 1978, 92 Stat. 3762; Pub. L. 96–159, § 8, Dec. 28, 1979, 93 Stat. 1230; Pub. L. 97–304, § 8[(a)], Oct. 13, 1982, 96 Stat. 1425; Pub. L. 100–478, title I, § 1009, Oct. 7, 1988, 102 Stat. 2312.)