Title 16 — Conservation
Chapter 69 — Wild Exotic Bird Conservation
§ 4912. Penalties and regulations
Statutory text
Penalties
Civil penalties
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.
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.
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.
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 (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)].
Criminal penalties
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.
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.
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.
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)).
Regulations
The Secretary shall prescribe regulations that are necessary and appropriate to carry out the purposes of this chapter.
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.
Footnotes
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.
Wild Bird Conservation Act of 1992
Pub. L. 102–440 title I § 113 · 106 Stat. 2224
Enacted · 16 U.S.C. § 4912
(Pub. L. 102–440, title I, § 113, Oct. 23, 1992, 106 Stat. 2231.)
Source evidence
Code source credit
(Pub. L. 102–440, title I, § 113, Oct. 23, 1992, 106 Stat. 2231.)Enacted provision · exact public law section
SEC. 113. 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 111(a) (1) or (2) or any permit issued under section 112 may be assessed a civil penalty by the Secretary of not more than $25,000 for each violation. (B) Any person who knowingly violates, and any person engaged in business as an importer of exotic birds who violates, section 111(a)(3) may be assessed a civil penalty by the Secretary of not more than $12,000 for each such violation. (C) Any person who otherwise violates section 111(a) or any permit issued under section 112 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), may be assessed and collected under section 111(a) of that Act. (2) Criminal penalties.— (A) Any person who knowingly violates, and any person engaged in business as an importer of exotic birds who violates, section 111(a) (1) or (2) or any permit issued under section 112 shall be fined under title 18, United States Code, or imprisoned for not more than 2 years, or both. (B) Any person who knowingly violates section 111(a)(3) shall be fined under title 18, United States Code, 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, United States Code, shall have jurisdiction over any action arising under this title. For the purposes of this title, 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 title. (e) Savings Provisions.— The authority of the Secretary under this title 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 title shall be construed as repealing, superseding, or modifying any provision of Federal law.
1 of 1 references resolved to an enrolled provision
Editorial Notes
References in Text
Act of , referred to in subsec. (a)(1)(D), and the Endangered Species Act of 1973, referred to in subsec. (e), are Pub. L. 93–205, , 87 Stat. 884, which is classified generally to chapter 35 (§ 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, , 95 Stat. 1073, which is classified principally to chapter 53 (§ 3371 et seq.) 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.
Executive Documents
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.