TITLE 16 - CONSERVATION
CHAPTER 53 - CONTROL OF ILLEGALLY TAKEN FISH AND WILDLIFE
HEAD
Sec. 3373. Penalties and sanctions
STATUTE
(a) Civil penalties
(1) Any person who engages in conduct prohibited by any provision
of this chapter (other than subsections (b), (d), and (f) of
section 3372 of this title) and in the exercise of due care should
know that the fish or wildlife or plants were taken, possessed,
transported, or sold in violation of, or in a manner unlawful
under, any underlying law, treaty, or regulation, and any person
who knowingly violates subsection (d) or (f) of section 3372 of
this title, may be assessed a civil penalty by the Secretary of not
more than $10,000 for each such violation: Provided, That when the
violation involves fish or wildlife or plants with a market value
of less than $350, and involves only the transportation,
acquisition, or receipt of fish or wildlife or plants taken or
possessed in violation of any law, treaty, or regulation of the
United States, any Indian tribal law, any foreign law, or any law
or regulation of any State, the penalty assessed shall not exceed
the maximum provided for violation of said law, treaty, or
regulation, or $10,000, whichever is less.
(2) Any person who violates subsection (b) or (f) of section 3372
of this title, except as provided in paragraph (1), may be assessed
a civil penalty by the Secretary of not more than $250.
(3) For purposes of paragraphs (1) and (2), any reference to a
provision of this chapter or to a section of this chapter shall be
treated as including any regulation issued to carry out any such
provision or section.
(4) No civil penalty may be assessed under this subsection unless
the person accused of the violation is given notice and opportunity
for a hearing with respect to the violation. Each violation shall
be a separate offense and the offense shall be deemed to have been
committed not only in the district where the violation first
occurred, but also in any district in which a person may have taken
or been in possession of the said fish or wildlife or plants.
(5) Any civil penalty assessed under this subsection may be
remitted or mitigated by the Secretary.
(6) In determining the amount of any penalty assessed pursuant to
paragraphs (1) and (2), the Secretary shall take into account the
nature, circumstances, extent, and gravity of the prohibited act
committed, and with respect to the violator, the degree of
culpability, ability to pay, and such other matters as justice may
require.
(b) Hearings
Hearings held during proceedings for the assessment of civil
penalties shall be conducted in accordance with section 554 of
title 5. The administrative law judge may issue subpenas for the
attendance and testimony of witnesses and the production of
relevant papers, books, or documents, and may administer oaths.
Witnesses summoned shall be paid the same fees and mileage that are
paid to witnesses in the courts of the United States. In case of
contumacy or refusal to obey a subpena issued pursuant to this
paragraph and served upon any person, the district court of the
United States for any district in which such person is found,
resides, or transacts business, upon application by the United
States and after notice to such person, shall have jurisdiction to
issue an order requiring such person to appear and give testimony
before the administrative law judge or to appear and produce
documents before the administrative law judge, or both, and any
failure to obey such order of the court may be punished by such
court as a contempt thereof.
(c) Review of civil penalty
Any person against whom a civil penalty is assessed under this
section may obtain review thereof in the appropriate District Court
of the United States by filing a complaint in such court within 30
days after the date of such order and by simultaneously serving a
copy of the complaint by certified mail on the Secretary, the
Attorney General, and the appropriate United States attorney. The
Secretary shall promptly file in such court a certified copy of the
record upon which such violation was found or such penalty imposed,
as provided in section 2112 of title 28. If any person fails to pay
an assessment of a civil penalty after it has become a final and
unappealable order or after the appropriate court has entered final
judgment in favor of the Secretary, the Secretary may request the
Attorney General of the United States to institute a civil action
in an appropriate district court of the United States to collect
the penalty, and such court shall have jurisdiction to hear and
decide any such action. In hearing such action, the court shall
have authority to review the violation and the assessment of the
civil penalty de novo.
(d) Criminal penalties
(1) Any person who -
(A) knowingly imports or exports any fish or wildlife or plants
in violation of any provision of this chapter (other than
subsections (b), (d), and (f) of section 3372 of this title), or
(B) violates any provision of this chapter (other than
subsections (b), (d), and (f) of section 3372 of this title) by
knowingly engaging in conduct that involves the sale or purchase
of, the offer of sale or purchase of, or the intent to sell or
purchase, fish or wildlife or plants with a market value in
excess of $350,
knowing that the fish or wildlife or plants were taken, possessed,
transported, or sold in violation of, or in a manner unlawful
under, any underlying law, treaty or regulation, shall be fined not
more than $20,000, or imprisoned for not more than five years, or
both. Each violation shall be a separate offense and the offense
shall be deemed to have been committed not only in the district
where the violation first occurred, but also in any district in
which the defendant may have taken or been in possession of the
said fish or wildlife or plants.
(2) Any person who knowingly engages in conduct prohibited by any
provision of this chapter (other than subsections (b), (d), and (f)
of section 3372 of this title) and in the exercise of due care
should know that the fish or wildlife or plants were taken,
possessed, transported, or sold in violation of, or in a manner
unlawful under, any underlying law, treaty or regulation shall be
fined not more than $10,000, or imprisoned for not more than one
year, or both. Each violation shall be a separate offense and the
offense shall be deemed to have been committed not only in the
district where the violation first occurred, but also in any
district in which the defendant may have taken or been in
possession of the said fish or wildlife or plants.
(3) Any person who knowingly violates section subsection (d) or
(f) of section 3372 of this title -
(A) shall be fined under title 18 or imprisoned for not more
than 5 years, or both, if the offense involves -
(i) the importation or exportation of fish or wildlife or
plants; or
(ii) the sale or purchase, offer of sale or purchase, or
commission of an act with intent to sell or purchase fish or
wildlife or plants with a market value greater than $350; and
(B) shall be fined under title 18 or imprisoned for not more
than 1 year, or both, if the offense does not involve conduct
described in subparagraph (A).
(e) Permit sanctions
The Secretary may also suspend, modify, or cancel any Federal
hunting or fishing license, permit, or stamp, or any license or
permit authorizing a person to import or export fish or wildlife or
plants (other than a permit or license issued pursuant to the
Magnuson-Stevens Fishery Conservation and Management Act [16 U.S.C.
1801 et seq.]), or to operate a quarantine station or rescue center
for imported wildlife or plants, issued to any person who is
convicted of a criminal violation of any provision of this chapter
or any regulation issued hereunder. The Secretary shall not be
liable for the payments of any compensation, reimbursement, or
damages in connection with the modification, suspension, or
revocation of any licenses, permits, stamps, or other agreements
pursuant to this section.
SOURCE
(Pub. L. 97-79, Sec. 4, Nov. 16, 1981, 95 Stat. 1074; Pub. L. 100-
653, title I, Secs. 102, 103, Nov. 14, 1988, 102 Stat. 3825, 3826;
Pub. L. 110-234, title VII, Sec. 8204(c), (f), May 22, 2008, 122
Stat. 1294; Pub. L. 110-246, Sec. 4(a), title VIII, Sec. 8204(c),
(f), June 18, 2008, 122 Stat. 1664, 2055, 2056.)
REFERENCES IN TEXT
This chapter, referred to in subsecs. (a)(1), (3), (d)(1), (2),
and (e), was in the original "this Act", meaning Pub. L. 97-79,
Nov. 16, 1981, 95 Stat. 1073, which is classified principally to
this chapter. For complete classification of this Act to the Code,
see Short Title note set out under section 3371 of this title and
Tables.
The Magnuson-Stevens Fishery Conservation and Management Act,
referred to in subsec. (e), is Pub. L. 94-265, Apr. 13, 1976, 90
Stat. 331, as amended, which is classified principally to chapter
38 (Sec. 1801 et seq.) of this title. For complete classification
of this Act to the Code, see Short Title note set out under section
1801 of this title and Tables.
CODIFICATION
"Magnuson-Stevens Fishery Conservation and Management Act"
substituted for "Fishery Conservation and Management Act of 1976"
in subsec. (e), on authority of Pub. L. 96-561, title II, Sec.
238(b), Dec. 22, 1980, 94 Stat. 3300, which provided that all
references to the Fishery Conservation and Management Act of 1976
be redesignated as references to the Magnuson Fishery Conservation
and Management Act and Pub. L. 104-208, div. A, title I, Sec.
101(a) [title II, Sec. 211(b)], Sept. 30, 1996, 110 Stat. 3009,
3009-41, which provided that all references to the Magnuson Fishery
Conservation and Management Act be redesignated as references to
the Magnuson-Stevens Fishery Conservation and Management Act.
Pub. L. 110-234 and Pub. L. 110-246 made identical amendments to
this section. The amendments by Pub. L. 110-234 were repealed by
section 4(a) of Pub. L. 110-246.
AMENDMENTS
2008 - Subsec. (a)(1). Pub. L. 110-246, Sec. 8204(f), made
technical corrections to directory language of Pub. L. 100-653,
Sec. 102(c). See 1988 Amendment note below.
Pub. L. 110-246, Sec. 8204(c)(1), (2), substituted "subsections
(b), (d), and (f) of section 3372" for "subsections (b) and (d) of
section 3372" and "subsection (d) or (f) of section 3372" for
"section 3372(d)".
Subsec. (a)(2). Pub. L. 110-246, Sec. 8204(c)(3), substituted
"subsection (b) or (f) of section 3372 of this title, except as
provided in paragraph (1)," for "subsection 3372(b)".
Subsec. (d)(1), (2). Pub. L. 110-246, Sec. 8204(f), made
technical corrections to directory language of Pub. L. 100-653,
Sec. 102(c). See 1988 Amendment note below.
Pub. L. 110-246, Sec. 8204(c)(1), substituted "subsections (b),
(d), and (f) of section 3372" for "subsections (b) and (d) of
section 3372" in pars. (1)(A), (B), and (2).
Subsec. (d)(3). Pub. L. 110-246, Sec. 8204(c)(2), substituted
"subsection (d) or (f) of section 3372" for "section 3372(d)" in
introductory provisions.
1988 - Subsec. (a)(1). Pub. L. 100-653, Sec. 102(c), as amended
by Pub. L. 110-246, Sec. 8204(f), substituted "(other than
subsections (b) and (d) of section 3372 of this title)" for "(other
than subsection 3372(b) of this title)".
Pub. L. 100-653, Sec. 102(a), inserted "and any person who
knowingly violates section 3372(d) of this title," after "any
underlying law, treaty, or regulation,".
Subsec. (c). Pub. L. 100-653, Sec. 103, amended first sentence
generally. Prior to amendment, first sentence read as follows: "Any
person against whom a civil penalty is assessed under this section
may obtain review thereof in the appropriate district court of the
United States by filing a notice of appeal in such court within
thirty days from the date of such order and by simultaneously
sending a copy of such notice by certified mail to the Secretary."
Subsec. (d)(1), (2). Pub. L. 100-653, Sec. 102(c), as amended by
Pub. L. 110-246, Sec. 8204(f), substituted "(other than subsections
(b) and (d) of section 3372 of this title)" for "(other than
subsection 3372(b) of this title)" in pars. (1)(A), (B), and (2).
Subsec. (d)(3). Pub. L. 100-653, Sec. 102(b), added par. (3).
EFFECTIVE DATE OF 2008 AMENDMENT
Amendment of this section and repeal of Pub. L. 110-234 by Pub.
L. 110-246 effective May 22, 2008, the date of enactment of Pub. L.
110-234, except as otherwise provided, see section 4 of Pub. L. 110-
246, set out as an Effective Date note under section 8701 of Title
7, Agriculture.
Pub. L. 110-234, title VIII, Sec. 8204(f), May 22, 2008, 122
Stat. 1294, and Pub. L. 110-246, Sec. 4(a), title VIII, Sec.
8204(f), June 18, 2008, 122 Stat. 1664, 2056, provided that the
amendment made by section 8204(f) is effective Nov. 14, 1988, and
as if included in the enactment of section 102(c) of Pub. L. 100-
653.
[Pub. L. 110-234 and Pub. L. 110-246 enacted identical
provisions. Pub. L. 110-234 was repealed by section 4(a) of Pub. L.
110-246, set out as a note under section 8701 of Title 7,
Agriculture.]
TRANSFER OF FUNCTIONS
For transfer of functions of the Secretary of Agriculture
relating to agricultural import and entry inspection activities
under this chapter to the Secretary of Homeland Security, and for
treatment of related references, see sections 231, 551(d), 552(d),
and 557 of Title 6, Domestic Security, and the Department of
Homeland Security Reorganization Plan of November 25, 2002, as
modified, set out as a note under section 542 of Title 6.
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