TITLE 16 - CONSERVATION
CHAPTER 5A - PROTECTION AND CONSERVATION OF WILDLIFE
SUBCHAPTER II - PROTECTION OF BALD AND GOLDEN EAGLES
HEAD
Sec. 668. Bald and golden eagles
STATUTE
(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.
SOURCE
(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
anniversary of date of initial operation of Alaska Natural Gas
Transportation System, see Reorg. Plan No. 1 of 1979, Secs. 102(e),
203(a), 44 F.R. 33663, 33666, 93 Stat. 1373, 1376, effective July
1, 1979, set out in the Appendix to Title 5, Government
Organization and Employees. Office of Federal Inspector for the
Alaska Natural Gas Transportation System abolished and functions
and authority vested in Inspector transferred to Secretary of
Energy by section 3012(b) of Pub. L. 102-486, set out as an
Abolition of Office of Federal Inspector note under section 719e of
Title 15, Commerce and Trade. Functions and authority vested in
Secretary of Energy subsequently transferred to Federal Coordinator
for Alaska Natural Gas Transportation Projects by section 720d(f)
of Title 15.
LEGISLATIVE INTENT
Enacting clause of act June 8, 1940, provided:
"Whereas the Continental Congress in 1782 adopted the bald eagle
as the national symbol; and
"Whereas the bald eagle thus became the symbolic representation
of a new nation under a new government in a new world; and
"Whereas by that act of Congress and by tradition and custom
during the life of this Nation, the bald eagle is no longer a mere
bird of biological interest but a symbol of the American ideals of
freedom; and
"Whereas the bald eagle is now threatened with extinction:
Therefore
"Be it enacted * * *", etc.
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