16 U.S.C. § 5202 : US Code - Section 5202: Civil penalties

Search 16 U.S.C. § 5202 : US Code - Section 5202: Civil penalties

(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)
of this section.
(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) 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;
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.