16 U.S.C. § 5202: Civil penalties

Summary

People who break the ban covered here must pay a civil fine. If the violation involved force or a threat of force against a person or property, the fine can be up to $10,000. For other violations the fine can be up to $5,000. These civil fines are in addition to any other criminal or civil penalties the person might face. If a federal agency employee sends a written complaint, or an individual files a sworn affidavit and the Secretary finds it gives a reasonable belief a violation happened, the Secretary can ask the U.S. Attorney General to sue to collect the fine. After collection costs are taken out, the money goes into the Pitman‑Robertson Wildlife Restoration trust fund (Act approved September 2, 1937) or is used as the Secretary decides to support the North American Waterfowl Management Plan (May 1986) or similar wildlife programs that help federal wildlife goals.

Title 16, §5202

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(a)In general

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

(b)Computation of penalty

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)Relationship to other penalties

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)Procedure

Upon receipt of

(1)

(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;

the Secretary may request the Attorney General of the United States to institute a civil action for the imposition and collection of the civil penalty under this section.

(e)Use of penalty money collected

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