§ 4912. — Penalties and regulations.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 16USC4912]
TITLE 16--CONSERVATION
CHAPTER 69--WILD EXOTIC BIRD CONSERVATION
Sec. 4912. Penalties and regulations
(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) \1\ of this title or any permit issued under
section 4911 of this title may be assessed a civil penalty by the
Secretary of not more than $25,000 for each violation.
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\1\ So in original. Probably should be section ``4910(a)(1)(A) or
(B)''.
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(B) Any person who knowingly violates, and any person engaged in
business as an importer of exotic birds who violates, section
4910(a)(3) \2\ of this title may be assessed a civil penalty by the
Secretary of not more than $12,000 for each such violation.
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\2\ So in original. Probably should be section ``4910(a)(1)(C)''.
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(C) Any person who otherwise violates section 4910(a) of this
title or any permit issued under section 4911 of this title 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 et
seq.], may be assessed and collected under section 111(a) \3\ of
that Act [16 U.S.C. 1540(a)].
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\3\ So in original. Probably should be section ``11(a)''.
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(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 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, 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)).
(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 et seq.) or diminish the authority
of the Secretary under the Lacey Act Amendments of 1981 (16 U.S.C. 3371
et seq.). Nothing in this chapter shall be construed as repealing,
superseding, or modifying any provision of Federal law.
(Pub. L. 102-440, title I, Sec. 113, Oct. 23, 1992, 106 Stat. 2231.)
References in Text
Act of December 28, 1973, referred to in subsec. (a)(1)(D), and the
Endangered Species Act of 1973, referred to in subsec. (e), are Pub. L.
93-205, Dec. 28, 1973, 87 Stat. 884, as amended, which is classified
generally to chapter 35 (Sec. 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 subsec. (e), is
Pub. L. 97-79, Nov. 16, 1981, 95 Stat. 1073, as amended, which enacted
chapter 53 (Sec. 3371 et seq.) of this title, amended section 1540 of
this title and section 42 of Title 18, Crimes and Criminal Procedure,
repealed sections 667e and 851 to 856 of this title and sections 43, 44,
3054, and 3112 of Title 18, and enacted provisions set out as notes
under sections 1540 and 3371 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.
Termination of Trust Territory
For termination of Trust Territory of Palau and Northern Marianas,
see note set out preceding section 1681 of Title 48, Territories and
Insular Possessions.
Section Referred to in Other Sections
This section is referred to in section 4913 of this title.
