Title 16 — Conservation
Chapter 62 — African Elephant Conservation
§ 4224. Penalties and enforcement
Statutory text
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.
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.
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.
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.
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.
Legislative history
Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.
African Elephant Conservation Act
Pub. L. 100–478 title II § 2204 · 102 Stat. 2306
Enacted · 16 U.S.C. § 4224
(Pub. L. 100–478, title II, § 2204, Oct. 7, 1988, 102 Stat. 2320.)
Source evidence
Code source credit
(Pub. L. 100–478, title II, § 2204, Oct. 7, 1988, 102 Stat. 2320.)Enacted provision · exact public law section
SEC. 2204. PENALTIES AND ENFORCEMENT. (a) Criminal Violations.— Whoever knowingly violates section 2203 shall, upon conviction, be fined under title 18, United States Code, or imprisoned for not more than one year, or both. (b) Civil Violations.— Whoever violates section 2203 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 11(a) of the Endangered Species Act of 1973 (16 U.S.C. 1540(a)). (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 2205 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 part in the same manner such Secretaries carry out enforcement activities under section 11(e) of the Endangered Species Act of 1973 (16 U.S.C. 1540(e)). Section 11(c) of the Endangered Species Act of 1973 (16 U.S.C. 1540(c)) shall apply to actions arising under this part.
1 of 1 references resolved to an enrolled provision
Statutory Notes and Related Subsidiaries
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 , as modified, set out as a note under section 542 of Title 6.