§ 5202. — Civil penalties.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 16USC5202]
TITLE 16--CONSERVATION
CHAPTER 72--RECREATIONAL HUNTING SAFETY
Sec. 5202. Civil penalties
(a) In general
A person who violates section 5201 of this title shall be assessed a
civil penalty in an amount computed under subsection (b) of this
section.
(b) Computation of penalty
The penalty shall be--
(1) not more than $10,000, if the violation involved the use of
force or violence, or the threatened use of force or violence,
against the person or property of another person; and
(2) not more than $5,000 for any other violation.
(c) Relationship to other penalties
The penalties established by this section shall be in addition to
other criminal or civil penalties that may be levied against the person
as a result of an activity in violation of section 5201 of this title.
(d) Procedure
Upon receipt of--
(1) a written complaint from an officer, employee, or agent of
the Forest Service, Bureau of Land Management, National Park
Service, United States Fish and Wildlife Service, or other Federal
agency that a person violated section 5201 of this title; or
(2) a sworn affidavit from an individual and a determination by
the Secretary that the statement contains sufficient factual
allegations to create a reasonable belief that a violation of
section 5201 of this title has occurred;
the Secretary may request the Attorney General of the United States to
institute a civil action for the imposition and collection of the civil
penalty under this section.
(e) Use of penalty money collected
After deduction of costs attributable to collection, money collected
from penalties shall be--
(1) deposited into the trust fund established pursuant to the
Act entitled ``An Act to provide that the United States shall aid
the States in wildlife-restoration projects, and for other
purposes'', approved September 2, 1937 (16 U.S.C. 669) (commonly
known as the ``Pitman-Robertson Wildlife Restoration Act''), to
support the activities authorized by such Act and undertaken by
State wildlife management agencies; or
(2) used in such other manner as the Secretary determines will
enhance the funding and implementation of--
(A) the North American Waterfowl Management Plan signed by
the Secretary of the Interior and the Minister of Environment
for Canada in May 1986; or
(B) a similar program that the Secretary determines will
enhance wildlife management--
(i) on Federal lands; or
(ii) on private or State-owned lands when the efforts
will also provide a benefit to wildlife management
objectives on Federal lands.
(Pub. L. 103-322, title XXXII, Sec. 320803, Sept. 13, 1994, 108 Stat.
2121.)
References in Text
The Pitman-Robertson Wildlife Restoration Act, referred to in
subsec. (e)(1), is act Sept. 2, 1937, ch. 899, 50 Stat. 917, as amended,
also known as the Federal Aid in Wildlife Restoration Act, which is
classified generally to chapter 5B (Sec. 669 et seq.) of this title. For
complete classification of this Act to the Code, see Short Title note
set out under section 669 of this title and Tables.
