§5202 — Title 16 Conservation | U.S. Code

Summary

People who break the earlier federal rule must pay a civil fine. The fine can be up to $10,000 if force or a threat of force was used against a person or property. For other violations, the fine can be up to $5,000. These fines are added on top of any criminal charges or other civil penalties the person may face. A penalty claim can start after a written complaint from staff of agencies such as the Forest Service, Bureau of Land Management, National Park Service, United States Fish and Wildlife Service, or another federal agency, or after a sworn affidavit and the Secretary finds the facts make a violation reasonably likely. After subtracting collection costs, the money goes into the Pitman‑Robertson Wildlife Restoration Act trust fund (approved September 2, 1937; 16 U.S.C. 669) to help state wildlife agencies, or the Secretary may use it to support the North American Waterfowl Management Plan (May 1986) or a similar program that helps wildlife on federal lands or on state or private lands when those efforts also benefit federal wildlife goals.

Title 16, §5202

Conservation — Source: USLM XML via OLRC

(a)A person who violates section 5201 of this title shall be assessed a civil penalty in an amount computed under subsection (b).

(b)The penalty shall be—

(1)not more than $10,000, if the violation involved the use of force or violence, or the threatened use of force or violence, against the person or property of another person; and

(2)not more than $5,000 for any other violation.

(c)The penalties established by this section shall be in addition to other criminal or civil penalties that may be levied against the person as a result of an activity in violation of section 5201 of this title.

(d)Upon receipt of—

(1)a written complaint from an officer, employee, or agent of the Forest Service, Bureau of Land Management, National Park Service, United States Fish and Wildlife Service, or other Federal agency that a person violated section 5201 of this title; or

(2)a sworn affidavit from an individual and a determination by the Secretary that the statement contains sufficient factual allegations to create a reasonable belief that a violation of section 5201 of this title has occurred;

(e)After deduction of costs attributable to collection, money collected from penalties shall be—

(1)deposited into the trust fund established pursuant to the Act entitled “An Act to provide that the United States shall aid the States in wildlife-restoration projects, and for other purposes”, approved September 2, 1937 (16 U.S.C. 669) (commonly known as the “Pitman-Robertson Wildlife Restoration Act”), to support the activities authorized by such Act and undertaken by State wildlife management agencies; or

(2)used in such other manner as the Secretary determines will enhance the funding and implementation of—

(A)the North American Waterfowl Management Plan signed by the Secretary of the Interior and the Minister of Environment for Canada in May 1986; or

(B)a similar program that the Secretary determines will enhance wildlife management—

(i)on Federal lands; or

(ii)on private or State-owned lands when the efforts will also provide a benefit to wildlife management objectives on Federal lands.

Notes & Related Subsidiaries

Editorial Notes

References in Text

The Pitman-Robertson Wildlife Restoration Act, referred to in subsec. (e)(1), is act Sept. 2, 1937, ch. 899, 50 Stat. 917, also known as the Federal Aid in Wildlife Restoration Act, which is classified generally to chapter 5B (§ 669 et seq.) of this title. For complete classification of this Act to the Code, see

Short Title

note set out under section 669 of this title and Tables.

§5202 Civil penalties