§ 4224. — Penalties and enforcement.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 16USC4224]
TITLE 16--CONSERVATION
CHAPTER 62--AFRICAN ELEPHANT CONSERVATION
SUBCHAPTER II--MORATORIA AND PROHIBITED ACTS
Sec. 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 penalty under this section
shall be conducted in accordance 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 Secretary 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 shall apply to actions arising under this subchapter.
(Pub. L. 100-478, title II, Sec. 2204, Oct. 7, 1988, 102 Stat. 2320.)
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 relating 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 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.
Section Referred to in Other Sections
This section is referred to in section 4246 of this title.
