[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 16USC668]
TITLE 16--CONSERVATION
CHAPTER 5A--PROTECTION AND CONSERVATION OF WILDLIFE
SUBCHAPTER II--PROTECTION OF BALD AND GOLDEN EAGLES
Sec. 668. Bald and golden eagles
(a) Prohibited acts; criminal penalties
Whoever, within the United States or any place subject to the
jurisdiction thereof, without being permitted to do so as provided in
this subchapter, shall knowingly, or with wanton disregard for the
consequences of his act take, possess, sell, purchase, barter, offer to
sell, purchase or barter, transport, export or import, at any time or in
any manner any bald eagle commonly known as the American eagle or any
golden eagle, alive or dead, or any part, nest, or egg thereof of the
foregoing eagles, or whoever violates any permit or regulation issued
pursuant to this subchapter, shall be fined not more than $5,000 or
imprisoned not more than one year or both: Provided, That in the case of
a second or subsequent conviction for a violation of this section
committed after October 23, 1972, such person shall be fined not more
than $10,000 or imprisoned not more than two years, or both: Provided
further, That the commission of each taking or other act prohibited by
this section with respect to a bald or golden eagle shall constitute a
separate violation of this section: Provided further, That one-half of
any such fine, but not to exceed $2,500, shall be paid to the person or
persons giving information which leads to conviction: Provided further,
That nothing herein shall be construed to prohibit possession or
transportation of any bald eagle, alive or dead, or any part, nest, or
egg thereof, lawfully taken prior to June 8, 1940, and that nothing
herein shall be construed to prohibit possession or transportation of
any golden eagle, alive or dead, or any part, nest, or egg thereof,
lawfully taken prior to the addition to this subchapter of the
provisions relating to preservation of the golden eagle.
(b) Civil penalties
Whoever, within the United States or any place subject to the
jurisdiction thereof, without being permitted to do so as provided in
this subchapter, shall take, possess, sell, purchase, barter, offer to
sell, purchase or barter, transport, export or import, at any time or in
any manner, any bald eagle, commonly known as the American eagle, or any
golden eagle, alive or dead, or any part, nest, or egg thereof of the
foregoing eagles, or whoever violates any permit or regulation issued
pursuant to this subchapter, may be assessed a civil penalty by the
Secretary of not more than $5,000 for each such violation. Each
violation shall be a separate offense. No penalty shall be assessed
unless such person is given notice and opportunity for a hearing with
respect to such violation. In determining the amount of the penalty, the
gravity of the violation, and the demonstrated good faith of the person
charged shall be considered by the Secretary. For good cause shown, the
Secretary may remit or mitigate any such penalty. Upon any failure to
pay the penalty assessed under this section, 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 or
resides or transacts business to collect the penalty and such court
shall have jurisdiction to hear and decide any such action. In hearing
any such action, the court must sustain the Secretary's action if
supported by substantial evidence.
(c) Cancellation of grazing agreements
The head of any Federal agency who has issued a lease, license,
permit, or other agreement authorizing the grazing of domestic livestock
on Federal lands to any person who is convicted of a violation of this
subchapter or of any permit or regulation issued hereunder may
immediately cancel each such lease, license, permit, or other agreement.
The United States shall not be liable for the payment of any
compensation, reimbursement, or damages in connection with the
cancellation of any lease, license, permit, or other agreement pursuant
to this section.
(June 8, 1940, ch. 278, Sec. 1, 54 Stat. 250; Pub. L. 86-70, Sec. 14,
June 25, 1959, 73 Stat. 143; Pub. L. 87-884, Oct. 24, 1962, 76 Stat.
1246; Pub. L. 92-535, Sec. 1, Oct. 23, 1972, 86 Stat. 1064.)
References in Text
Prior to the addition to this subchapter of the provisions relating
to preservation of the golden eagle, referred to in subsec. (a), means
prior to Oct. 24, 1962, the date such provisions were enacted by Pub. L.
87-884 as an amendment of this section and section 668a of this title.
Amendments
1972--Pub. L. 92-535 designated existing provisions as subsec. (a),
substituted ``shall knowingly, or with wanton disregard for the
consequences of his act take'' for ``shall take'', increased fine and
imprisonment terms from $500 or six months to $5,000 or one year, and
inserted provisions that a second conviction carry a penalty of $10,000
fine or imprisonment of not more than two years, that each taking
constitute a separate offense, and that informers be rewarded one-half
of the fine not exceeding $2,500, and added subsecs. (b) and (c).
1962--Pub. L. 87-884 extended prohibitions against the enumerated
acts to the golden eagle and changed proviso by substituting ``bald
eagle'', ``June 8, 1940'' and ``and that nothing in said sections shall
be construed to prohibit possession or transportation of any golden
eagle, alive or dead, or any part, nest, or egg thereof, lawfully taken
prior to the addition to said sections of the provisions relating to
preservation of the golden eagle'' for ``such eagle,'' ``the effective
date of said sections'' and ``but the proof of such taking shall lie
upon the accused in any prosecution under said sections'', respectively.
1959--Pub. L. 86-70 struck out ``except the Territory of Alaska,''
after ``subject to the jurisdiction thereof,''.
Transfer of Functions
Enforcement functions of Secretary or other official in Department
of the Interior related to compliance with this subchapter with respect
to pre-construction, construction, and initial operation of
transportation system for Canadian and Alaskan natural gas transferred
to Federal Inspector, Office of Federal Inspector for Alaska Natural Gas
Transportation System, until first anni
