§4912 Penalties and Regulations

Summary

Sets fines, jail terms, and rules for breaking the import rules for exotic birds. If someone knowingly breaks rule 4910(a)(1) or (2) or any permit, they can be fined up to $25,000 for each violation. If someone knowingly breaks rule 4910(a)(3), the fine can be up to $12,000 for each violation. Other violations may bring fines up to $500 each. Civil penalties are assessed and collected the same way as civil penalties under the Act of December 28, 1973 (16 U.S.C. 1531 et seq.). Knowingly breaking 4910(a)(1) or (2) or a permit can also bring criminal penalties: a fine under Title 18, imprisonment for up to 2 years, or both. Knowingly breaking 4910(a)(3) can bring a fine under Title 18, imprisonment for up to 6 months, or both. Federal district courts handle cases under this chapter. For these rules, American Samoa is treated as part of the District of Hawaii, and the Trust Territory of Palau and the Northern Marianas are treated as part of the District of Guam. Importing an exotic bird counts as transporting wildlife under the Lacey Act (16 U.S.C. 3372(a)). The Secretary must create rules needed to carry out the chapter. These powers do not replace or reduce the Secretary’s powers under the Endangered Species Act or the Lacey Act, and nothing here changes other federal law.