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(continued)
this title, and shall be removed as soon as the Secretary
determines that the need for their impositions has disappeared.
(f) Pre-Act endangered species parts exemption; application and
certification; regulation; validity of sales contract;
separability; renewal of exemption; expiration of renewal
certification
(1) As used in this subsection -
(A) The term "pre-Act endangered species part" means -
(i) any sperm whale oil, including derivatives thereof, which
was lawfully held within the United States on December 28,
1973, in the course of a commercial activity; or
(ii) any finished scrimshaw product, if such product or the
raw material for such product was lawfully held within the
United States on December 28, 1973, in the course of a
commercial activity.

(B) The term "scrimshaw product" means any art form which
involves the substantial etching or engraving of designs upon, or
the substantial carving of figures, patterns, or designs from,
any bone or tooth of any marine mammal of the order Cetacea. For
purposes of this subsection, polishing or the adding of minor
superficial markings does not constitute substantial etching,
engraving, or carving.

(2) The Secretary, pursuant to the provisions of this subsection,
may exempt, if such exemption is not in violation of the
Convention, any pre-Act endangered species part from one or more of
the following prohibitions:
(A) The prohibition on exportation from the United States set
forth in section 1538(a)(1)(A) of this title.
(B) Any prohibition set forth in section 1538(a)(1)(E) or (F)
of this title.

(3) Any person seeking an exemption described in paragraph (2) of
this subsection shall make application therefor to the Secretary in
such form and manner as he shall prescribe, but no such application
may be considered by the Secretary unless the application -
(A) is received by the Secretary before the close of the
one-year period beginning on the date on which regulations
promulgated by the Secretary to carry out this subsection first
take effect;
(B) contains a complete and detailed inventory of all pre-Act
endangered species parts for which the applicant seeks exemption;
(C) is accompanied by such documentation as the Secretary may
require to prove that any endangered species part or product
claimed by the applicant to be a pre-Act endangered species part
is in fact such a part; and
(D) contains such other information as the Secretary deems
necessary and appropriate to carry out the purposes of this
subsection.

(4) If the Secretary approves any application for exemption made
under this subsection, he shall issue to the applicant a
certificate of exemption which shall specify -
(A) any prohibition in section 1538(a) of this title which is
exempted;
(B) the pre-Act endangered species parts to which the exemption
applies;
(C) the period of time during which the exemption is in effect,
but no exemption made under this subsection shall have force and
effect after the close of the three-year period beginning on the
date of issuance of the certificate unless such exemption is
renewed under paragraph (8); and
(D) any term or condition prescribed pursuant to paragraph
(5)(A) or (B), or both, which the Secretary deems necessary or
appropriate.

(5) The Secretary shall prescribe such regulations as he deems
necessary and appropriate to carry out the purposes of this
subsection. Such regulations may set forth -
(A) terms and conditions which may be imposed on applicants for
exemptions under this subsection (including, but not limited to,
requirements that applicants register inventories, keep complete
sales records, permit duly authorized agents of the Secretary to
inspect such inventories and records, and periodically file
appropriate reports with the Secretary); and
(B) terms and conditions which may be imposed on any subsequent
purchaser of any pre-Act endangered species part covered by an
exemption granted under this subsection;

to insure that any such part so exempted is adequately accounted
for and not disposed of contrary to the provisions of this chapter.
No regulation prescribed by the Secretary to carry out the purposes
of this subsection shall be subject to section 1533(f)(2)(A)(i) of
this title.
(6)(A) Any contract for the sale of pre-Act endangered species
parts which is entered into by the Administrator of General
Services prior to the effective date of this subsection and
pursuant to the notice published in the Federal Register on January
9, 1973, shall not be rendered invalid by virtue of the fact that
fulfillment of such contract may be prohibited under section
1538(a)(1)(F) of this title.
(B) In the event that this paragraph is held invalid, the
validity of the remainder of this chapter, including the remainder
of this subsection, shall not be affected.
(7) Nothing in this subsection shall be construed to -
(A) exonerate any person from any act committed in violation of
paragraphs (1)(A), (1)(E), or (1)(F) of section 1538(a) of this
title prior to July 12, 1976; or
(B) immunize any person from prosecution for any such act.

(8)(A)(i) (!2) Any valid certificate of exemption which was
renewed after October 13, 1982, and was in effect on March 31,
1988, shall be deemed to be renewed for a six-month period
beginning on October 7, 1988. Any person holding such a certificate
may apply to the Secretary for one additional renewal of such
certificate for a period not to exceed 5 years beginning on October
7, 1988.

(B) If the Secretary approves any application for renewal of an
exemption under this paragraph, he shall issue to the applicant a
certificate of renewal of such exemption which shall provide that
all terms, conditions, prohibitions, and other regulations made
applicable by the previous certificate shall remain in effect
during the period of the renewal.
(C) No exemption or renewal of such exemption made under this
subsection shall have force and effect after the expiration date of
the certificate of renewal of such exemption issued under this
paragraph.
(D) No person may, after January 31, 1984, sell or offer for sale
in interstate or foreign commerce, any pre-Act finished scrimshaw
product unless such person holds a valid certificate of exemption
issued by the Secretary under this subsection, and unless such
product or the raw material for such product was held by such
person on October 13, 1982.
(g) Burden of proof
In connection with any action alleging a violation of section
1538 of this title, any person claiming the benefit of any
exemption or permit under this chapter shall have the burden of
proving that the exemption or permit is applicable, has been
granted, and was valid and in force at the time of the alleged
violation.
(h) Certain antique articles; importation; port designation;
application for return of articles
(1) Sections 1533(d) and 1538(a) and (c) of this title do not
apply to any article which -
(A) is not less than 100 years of age;
(B) is composed in whole or in part of any endangered species
or threatened species listed under section 1533 of this title;
(C) has not been repaired or modified with any part of any such
species on or after December 28, 1973; and
(D) is entered at a port designated under paragraph (3).

(2) Any person who wishes to import an article under the
exception provided by this subsection shall submit to the customs
officer concerned at the time of entry of the article such
documentation as the Secretary of the Treasury, after consultation
with the Secretary of the Interior, shall by regulation require as
being necessary to establish that the article meets the
requirements set forth in paragraph (1)(A), (B), and (C).
(3) The Secretary of the Treasury, after consultation with the
Secretary of the Interior, shall designate one port within each
customs region at which articles described in paragraph (1)(A),
(B), and (C) must be entered into the customs territory of the
United States.
(4) Any person who imported, after December 27, 1973, and on or
before November 10, 1978, any article described in paragraph (1)
which -
(A) was not repaired or modified after the date of importation
with any part of any endangered species or threatened species
listed under section 1533 of this title;
(B) was forfeited to the United States before November 10,
1978, or is subject to forfeiture to the United States on such
date of enactment, pursuant to the assessment of a civil penalty
under section 1540 of this title; and
(C) is in the custody of the United States on November 10,
1978;

may, before the close of the one-year period beginning on November
10, 1978, make application to the Secretary for return of the
article. Application shall be made in such form and manner, and
contain such documentation, as the Secretary prescribes. If on the
basis of any such application which is timely filed, the Secretary
is satisfied that the requirements of this paragraph are met with
respect to the article concerned, the Secretary shall return the
article to the applicant and the importation of such article shall,
on and after the date of return, be deemed to be a lawful
importation under this chapter.
(i) Noncommercial transshipments
Any importation into the United States of fish or wildlife shall,
if -
(1) such fish or wildlife was lawfully taken and exported from
the country of origin and country of reexport, if any;
(2) such fish or wildlife is in transit or transshipment
through any place subject to the jurisdiction of the United
States en route to a country where such fish or wildlife may be
lawfully imported and received;
(3) the exporter or owner of such fish or wildlife gave
explicit instructions not to ship such fish or wildlife through
any place subject to the jurisdiction of the United States, or
did all that could have reasonably been done to prevent
transshipment, and the circumstances leading to the transshipment
were beyond the exporter's or owner's control;
(4) the applicable requirements of the Convention have been
satisfied; and
(5) such importation is not made in the course of a commercial
activity,

be an importation not in violation of any provision of this chapter
or any regulation issued pursuant to this chapter while such fish
or wildlife remains in the control of the United States Customs
Service.
(j) Experimental populations
(1) For purposes of this subsection, the term "experimental
population" means any population (including any offspring arising
solely therefrom) authorized by the Secretary for release under
paragraph (2), but only when, and at such times as, the population
is wholly separate geographically from nonexperimental populations
of the same species.
(2)(A) The Secretary may authorize the release (and the related
transportation) of any population (including eggs, propagules, or
individuals) of an endangered species or a threatened species
outside the current range of such species if the Secretary
determines that such release will further the conservation of such
species.
(B) Before authorizing the release of any population under
subparagraph (A), the Secretary shall by regulation identify the
population and determine, on the basis of the best available
information, whether or not such population is essential to the
continued existence of an endangered species or a threatened
species.
(C) For the purposes of this chapter, each member of an
experimental population shall be treated as a threatened species;
except that -
(i) solely for purposes of section 1536 of this title (other
than subsection (a)(1) thereof), an experimental population
determined under subparagraph (B) to be not essential to the
continued existence of a species shall be treated, except when it
occurs in an area within the National Wildlife Refuge System or
the National Park System, as a species proposed to be listed
under section 1533 of this title; and
(ii) critical habitat shall not be designated under this
chapter for any experimental population determined under
subparagraph (B) to be not essential to the continued existence
of a species.

(3) The Secretary, with respect to populations of endangered
species or threatened species that the Secretary authorized, before
October 13, 1982, for release in geographical areas separate from
the other populations of such species, shall determine by
regulation which of such populations are an experimental population
for the purposes of this subsection and whether or not each is
essential to the continued existence of an endangered species or a
threatened species.

-SOURCE-
(Pub. L. 93-205, Sec. 10, Dec. 28, 1973, 87 Stat. 896; Pub. L.
94-359, Secs. 2, 3, July 12, 1976, 90 Stat. 911, 912; Pub. L.
95-632, Sec. 5, Nov. 10, 1978, 92 Stat. 3760; Pub. L. 96-159, Sec.
7, Dec. 28, 1979, 93 Stat. 1230; Pub. L. 97-304, Sec. 6(1)-(4)(A),
(5), (6), Oct. 13, 1982, 96 Stat. 1422-1424; Pub. L. 100-478, title
I, Secs. 1011, 1013(b), (c), Oct. 7, 1988, 102 Stat. 2314, 2315.)

-REFTEXT-
REFERENCES IN TEXT
Section 668cc-3 of this title, referred to in subsec. (b), was
repealed by Pub. L. 93-205, Sec. 14, Dec. 28, 1973, 87 Stat. 903.
Subsec. (f) of section 1533 of this title, referred to in subsec.
(f)(5), which related to promulgation of regulations by the
Secretary was struck out, and subsec. (g) of section 1533 of this
title, was redesignated as subsec. (f), by Pub. L. 97-304, Sec.
2(a)(4)(B), (C), Oct. 13, 1982, 96 Stat. 1415. For provisions
relating to promulgation of regulations, see subsecs. (b) and (h)
of section 1533 of this title.
Effective date of this subsection, referred to in subsec.
(f)(6)(A), probably means the date of enactment of subsec. (f) by
section 2 of Pub. L. 94-359, July 12, 1976.
October 7, 1988, referred to in subsec. (f)(8)(A), was in the
original "the date of enactment of the Endangered Species Act
Amendments of 1988" and "the date of such enactment" which were
translated as meaning the date of enactment of title I of Pub. L.
100-478 which is entitled "Endangered Species Act Amendments of
1988" and which was approved Oct. 7, 1988.


-MISC1-
AMENDMENTS
1988 - Subsec. (c). Pub. L. 100-478, Sec. 1013(b), substituted
"notice, of" for "notice," in second sentence.
Subsec. (e)(3)(ii). Pub. L. 100-478, Sec. 1013(c), substituted
"lacing," for "lacking,".
Subsec. (f)(8)(A). Pub. L. 100-478, Sec. 1011(a), amended subpar.
(A) generally. Prior to amendment, subpar. (A) read as follows:
"Any person to whom a certificate of exemption has been issued
under paragraph (4) of this subsection may apply to the Secretary
for a renewal of such exemption for a period not to exceed three
years beginning on the expiration date of such certificate. Such
application shall be made in the same manner as the application for
exemption was made under paragraph (3), but without regard to
subparagraph (A) of such paragraph."
Subsec. (f)(8)(B). Pub. L. 100-478, Sec. 1011(b), substituted
"previous" for "original".
Subsec. (f)(8)(D). Pub. L. 100-478, Sec. 1011(c), added subpar.
(D).
Subsec. (f)(9). Pub. L. 100-478, Sec. 1011(d), struck out par.
(9) which provided for comprehensive review by Secretary of
effectiveness of regulations prescribed pursuant to subsec. (f)(5)
of this section.
1982 - Subsec. (a). Pub. L. 97-304, Sec. 6(1), designated as par.
(1) and the beginning phrase of subpar. (A) thereof the existing
provisions consisting of language authorizing the Secretary to
permit, under such terms and conditions as he may prescribe, any
act otherwise prohibited by section 1538 of this title for
scientific purposes or to enhance the propagation or survival of
the affected species, and inserted remainder of par. (1)(A) and
pars. (1)(B) and (2).
Subsec. (d). Pub. L. 97-304, Sec. 6(2), substituted "subsections
(a)(1)(A) and (b) of this section" for "subsections (a) and (b) of
this section".
Subsec. (f)(1)(B). Pub. L. 97-304, Sec. 6(3)(A), substituted
"involves the substantial etching or engraving of designs upon, or
the substantial carving of figures" for "involves the etching or
engraving of designs upon, or the carving of figures" and inserted
provision that, for purposes of this subsection, polishing or the
adding of minor superficial markings does not constitute
substantial etching, engraving, or carving.
Subsec. (f)(9). Pub. L. 97-304, Sec. 6(3)(B), added par. (9).
Subsec. (h)(1). Pub. L. 97-304, Sec. 6(4)(A), struck out "(other
than scrimshaw)" after "do not apply to any article" in provisions
preceding subpar. (A) and in subpar. (A) substituted "is not less
than 100 years of age" for "was made before 1830".
Subsec. (i). Pub. L. 97-304, Sec. 6(5), substituted provisions
covering noncommercial transshipments of fish or wildlife for
provisions that had related to exemptions from the provisions of
this title of the Tellico Dam and Reservoir Project and the
Grayrocks Dam and Reservoir Project and to the operation of the
Missouri Basin Power Project.
Subsec. (j). Pub. L. 97-304, Sec. 6(6), added subsec. (j).
1979 - Subsec. (f)(4)(C). Pub. L. 96-159, Sec. 7(1), inserted
"unless such exemption is renewed under paragraph (8)" after
"issuance of the certificate".
Subsec. (f)(8). Pub. L. 96-159, Sec. 7(2), added par. (8).
1978 - Subsecs. (h), (i). Pub. L. 95-632 added subsecs. (h) and
(i).
1976 - Subsec. (c). Pub. L. 94-359, Sec. 3, substituted "section"
for "subsection" and inserted "; except that such thirty-day period
may be waived by the Secretary in an emergency situation where the
health or life of an endangered animal is threatened and no
reasonable alternative is available to the applicant, but notice of
any such waiver shall be published by the Secretary in the Federal
Register within ten days following the issuance of the exemption or
permit." after "every stage of the proceeding".
Subsecs. (f), (g). Pub. L. 94-359, Sec. 2, added subsecs. (f) and
(g).

EFFECTIVE DATE OF 1982 AMENDMENT
Section 6(4)(B) of Pub. L. 97-304 provided that: "The amendment
made by subparagraph (A) [amending this section] shall take effect
January 1, 1981."


-TRANS-
TRANSFER OF FUNCTIONS
For transfer of functions, personnel, assets, and liabilities of
the United States Customs Service of the Department of the
Treasury, including functions of the Secretary of the Treasury
relating thereto, to the Secretary of Homeland Security, and for
treatment of related references, see sections 203(1), 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.


-MISC2-
SCRIMSHAW EXEMPTIONS
Pub. L. 103-238, Sec. 18, Apr. 30, 1994, 108 Stat. 559, provided
that: "Notwithstanding any other provision of law, any valid
certificate of exemption renewed by the Secretary (or deemed to be
renewed) under section 10(f)(8) of the Endangered Species Act of
1973 (16 U.S.C. 1539(f)(8)) for any person holding such a
certificate with respect to the possession of pre-Act finished
scrimshaw products or raw material for such products shall remain
valid for a period not to exceed 5 years beginning on the date of
enactment of this Act [Apr. 30, 1994]."

-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 471j, 1538, 6576 of this
title.

-FOOTNOTE-
(!1) See References in Text note below.

(!2) So in original. No cl. (ii) has been enacted.


-End-



-CITE-
16 USC Sec. 1540 01/19/04

-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 35 - ENDANGERED SPECIES

-HEAD-
Sec. 1540. Penalties and enforcement

-STATUTE-
(a) Civil penalties
(1) Any person who knowingly violates, and any person engaged in
business as an importer or exporter of fish, wildlife, or plants
who violates, any provision of this chapter, or any provision of
any permit or certificate issued hereunder, or of any regulation
issued in order to implement subsection (a)(1)(A), (B), (C), (D),
(E), or (F), (a)(2)(A), (B), (C), or (D), (c), (d) (other than
regulation relating to recordkeeping or filing of reports), (f) or
(g) of section 1538 of this title, may be assessed a civil penalty
by the Secretary of not more than $25,000 for each violation. Any
person who knowingly violates, and any person engaged in business
as an importer or exporter of fish, wildlife, or plants who
violates, any provision of any other regulation issued under this
chapter may be assessed a civil penalty by the Secretary of not
more than $12,000 for each such violation. Any person who otherwise
violates any provision of this chapter, or any regulation, permit,
or certificate issued hereunder, may be assessed a civil penalty by
the Secretary of not more than $500 for each such violation. No
penalty may be assessed under this subsection unless such person is
given notice and opportunity for a hearing with respect to such
violation. Each violation shall be a separate offense. Any such
civil penalty may be remitted or mitigated by the Secretary. Upon
any failure to pay a penalty assessed under this subsection, the
Secretary may request the Attorney General to institute a civil
action in a district court of the United States for any district in
which such person is found, resides, or transacts business to
collect the penalty and such court shall have jurisdiction to hear
and decide any such action. The court shall hear such action on the
record made before the Secretary and shall sustain his action if it
is supported by substantial evidence on the record considered as a
whole.
(2) Hearings held during proceedings for the assessment of civil
penalties authorized by paragraph (1) of this subsection shall be
conducted in accordance with section 554 of title 5. The Secretary
may issue subpenas for the attendance and testimony of witnesses
and the production of relevant papers, books, and documents, and
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 served
upon any person pursuant to this paragraph, the district court of
the United States for any district in which such person is found or
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 Secretary or to appear and produce documents before the
Secretary, or both, and any failure to obey such order of the court
may be punished by such court as a contempt thereof.
(3) Notwithstanding any other provision of this chapter, no civil
penalty shall be imposed if it can be shown by a preponderance of
the evidence that the defendant committed an act based on a good
faith belief that he was acting to protect himself or herself, a
member of his or her family, or any other individual from bodily
harm, from any endangered or threatened species.
(b) Criminal violations
(1) Any person who knowingly violates any provision of this
chapter, of any permit or certificate issued hereunder, or of any
regulation issued in order to implement subsection (a)(1)(A), (B),
(C), (D), (E), or (F), (a)(2)(A), (B), (C), or (D), (c), (d) (other
than a regulation relating to recordkeeping, or filing of reports),
(f), or (g) of section 1538 of this title shall, upon conviction,
be fined not more than $50,000 or imprisoned for not more than one
year, or both. Any person who knowingly violates any provision of
any other regulation issued under this chapter shall, upon
conviction, be fined not more than $25,000 or imprisoned for not
more than six months, or both.
(2) The head of any Federal agency which has issued a lease,
license, permit, or other agreement authorizing a person to import
or export fish, wildlife, or plants, or to operate a quarantine
station for imported wildlife, or authorizing the use of Federal
lands, including grazing of domestic livestock, to any person who
is convicted of a criminal violation of this chapter or any
regulation, permit, or certificate issued hereunder may immediately
modify, suspend, or revoke each lease, license, permit, or other
agreement. The Secretary shall also suspend for a period of up to
one year, or cancel, any Federal hunting or fishing permits or
stamps issued to any person who is convicted of a criminal
violation of any provision of this chapter or any regulation,
permit, or certificate issued hereunder. The United States shall
not be liable for the payments of any compensation, reimbursement,
or damages in connection with the modification, suspension, or
revocation of any leases, licenses, permits, stamps, or other
agreements pursuant to this section.
(3) Notwithstanding any other provision of this chapter, it shall
be a defense to prosecution under this subsection if the defendant
committed the offense based on a good faith belief that he was
acting to protect himself or herself, a member of his or her
family, or any other individual, from bodily harm from any
endangered or threatened species.
(c) District court jurisdiction
The several district courts of the United States, including the
courts enumerated in section 460 of title 28, shall have
jurisdiction over any actions arising under this chapter. For the
purpose of this chapter, American Samoa shall be included within
the judicial district of the District Court of the United States
for the District of Hawaii.
(d) Rewards and incidental expenses
The Secretary or the Secretary of the Treasury shall pay, from
sums received as penalties, fines, or forfeitures of property for
any violation of this chapter or any regulation issued hereunder
(1) a reward to any person who furnishes information which leads to
an arrest, a criminal conviction, civil penalty assessment, or
forfeiture of property for any violation of this chapter or any
regulation issued hereunder. The amount of the reward, if any, is
to be designated by the Secretary or the Secretary of the Treasury,
as appropriate. Any officer or employee of the United States or any
State or local government who furnishes information or renders
service in the performance of his official duties is ineligible for
payment under this subsection, and (2) the reasonable and necessary
costs incurred by any person in providing temporary care for any
fish, wildlife, or plant pending the disposition of any civil or
criminal proceeding alleging a violation of this chapter with
respect to that fish, wildlife, or plant. Whenever the balance of
sums received under this section and section 3375(d) of this title,
as penalties or fines, or from forfeitures of property, exceed
$500,000, the Secretary of the Treasury shall deposit an amount
equal to such excess balance in the cooperative endangered species
conservation fund established under section 1535(i) of this title.
(e) Enforcement
(1) The provisions of this chapter and any regulations or permits
issued pursuant thereto shall be enforced by the Secretary, the
Secretary of the Treasury, or the Secretary of the Department in
which the Coast Guard is operating, or all such Secretaries. Each
such Secretary may utilize by agreement, with or without
reimbursement, the personnel, services, and facilities of any other
Federal agency or any State agency for purposes of enforcing this
chapter.
(2) The judges of the district courts of the United States and
the United States magistrate judges may, within their respective
jurisdictions, upon proper oath or affirmation showing probable
cause, issue such warrants or other process as may be required for
enforcement of this chapter and any regulation issued thereunder.
(3) Any person authorized by the Secretary, the Secretary of the
Treasury, or the Secretary of the Department in which the Coast
Guard is operating, to enforce this chapter may detain for
inspection and inspect any package, crate, or other container,
including its contents, and all accompanying documents, upon
importation or exportation. Such person may make arrests without a
warrant for any violation of this chapter if he has reasonable
grounds to believe that the person to be arrested is committing the
violation in his presence or view, and may execute and serve any
arrest warrant, search warrant, or other warrant or civil or
criminal process issued by any officer or court of competent
jurisdiction for enforcement of this chapter. Such person so
authorized may search and seize, with or without a warrant, as
authorized by law. Any fish, wildlife, property, or item so seized
shall be held by any person authorized by the Secretary, the
Secretary of the Treasury, or the Secretary of the Department in
which the Coast Guard is operating pending disposition of civil or
criminal proceedings, or the institution of an action in rem for
forfeiture of such fish, wildlife, property, or item pursuant to
paragraph (4) of this subsection; except that the Secretary may, in
lieu of holding such fish, wildlife, property, or item, permit the
owner or consignee to post a bond or other surety satisfactory to
the Secretary, but upon forfeiture of any such property to the
United States, or the abandonment or waiver of any claim to any
such property, it shall be disposed of (other than by sale to the
general public) by the Secretary in such a manner, consistent with
the purposes of this chapter, as the Secretary shall by regulation
prescribe.
(4)(A) All fish or wildlife or plants taken, possessed, sold,
purchased, offered for sale or purchase, transported, delivered,
received, carried, shipped, exported, or imported contrary to the
provisions of this chapter, any regulation made pursuant thereto,
or any permit or certificate issued hereunder shall be subject to
forfeiture to the United States.
(B) All guns, traps, nets, and other equipment, vessels,
vehicles, aircraft, and other means of transportation used to aid
the taking, possessing, selling, purchasing, offering for sale or
purchase, transporting, delivering, receiving, carrying, shipping,
exporting, or importing of any fish or wildlife or plants in
violation of this chapter, any regulation made pursuant thereto, or
any permit or certificate issued thereunder shall be subject to
forfeiture to the United States upon conviction of a criminal
violation pursuant to subsection (b)(1) of this section.
(5) All provisions of law relating to the seizure, forfeiture,
and condemnation of a vessel for violation of the customs laws, the
disposition of such vessel or the proceeds from the sale thereof,
and the remission or mitigation of such forfeiture, shall apply to
the seizures and forfeitures incurred, or alleged to have been
incurred, under the provisions of this chapter, insofar as such
provisions of law are applicable and not inconsistent with the
provisions of this chapter; except that all powers, rights, and
duties conferred or imposed by the customs laws upon any officer or
employee of the Treasury Department shall, for the purposes of this
chapter, be exercised or performed by the Secretary or by such
persons as he may designate.
(6) The Attorney General of the United States may seek to enjoin
any person who is alleged to be in violation of any provision of
this chapter or regulation issued under authority thereof.
(f) Regulations
The Secretary, the Secretary of the Treasury, and the Secretary
of the Department in which the Coast Guard is operating, are
authorized to promulgate such regulations as may be appropriate to
enforce this chapter, and charge reasonable fees for expenses to
the Government connected with permits or certificates authorized by
this chapter including processing applications and reasonable
inspections, and with the transfer, board, handling, or storage of
fish or wildlife or plants and evidentiary items seized and
forfeited under this chapter. All such fees collected pursuant to
this subsection shall be deposited in the Treasury to the credit of
the appropriation which is current and chargeable for the cost of
furnishing the services. Appropriated funds may be expended pending
reimbursement from parties in interest.
(g) Citizen suits
(1) Except as provided in paragraph (2) of this subsection any
person may commence a civil suit on his own behalf -
(A) to enjoin any person, including the United States and any
other governmental instrumentality or agency (to the extent
permitted by the eleventh amendment to the Constitution), who is
alleged to be in violation of any provision of this chapter or
regulation issued under the authority thereof; or
(B) to compel the Secretary to apply, pursuant to section
1535(g)(2)(B)(ii) of this title, the prohibitions set forth in or
authorized pursuant to section 1533(d) or 1538(a)(1)(B) of this
title with respect to the taking of any resident endangered
species or threatened species within any State; or
(C) against the Secretary where there is alleged a failure of
the Secretary to perform any act or duty under section 1533 of
this title which is not discretionary with the Secretary.

The district courts shall have jurisdiction, without regard to the
amount in controversy or the citizenship of the parties, to enforce
any such provision or regulation, or to order the Secretary to
perform such act or duty, as the case may be. In any civil suit
commenced under subparagraph (B) the district court shall compel
the Secretary to apply the prohibition sought if the court finds
that the allegation that an emergency exists is supported by
substantial evidence.
(2)(A) No action may be commenced under subparagraph (1)(A) of
this section -
(i) prior to sixty days after written notice of the violation
has been given to the Secretary, and to any alleged violator of
any such provision or regulation;
(ii) if the Secretary has commenced action to impose a penalty
pursuant to subsection (a) of this section; or
(iii) if the United States has commenced and is diligently
prosecuting a criminal action in a court of the United States or
a State to redress a violation of any such provision or
regulation.

(B) No action may be commenced under subparagraph (1)(B) of this
section -
(i) prior to sixty days after written notice has been given to
the Secretary setting forth the reasons why an emergency is
thought to exist with respect to an endangered species or a
threatened species in the State concerned; or
(ii) if the Secretary has commenced and is diligently
prosecuting action under section 1535(g)(2)(B)(ii) of this title
to determine whether any such emergency exists.

(C) No action may be commenced under subparagraph (1)(C) of this
section prior to sixty days after written notice has been given to
the Secretary; except that such action may be brought immediately
after such notification in the case of an action under this section
respecting an emergency posing a significant risk to the well-being
of any species of fish or wildlife or plants.
(3)(A) Any suit under this subsection may be brought in the
judicial district in which the violation occurs.
(B) In any such suit under this subsection in which the United
States is not a party, the Attorney General, at the request of the
Secretary, may intervene on behalf of the United States as a matter
of right.
(4) The court, in issuing any final order in any suit brought
pursuant to paragraph (1) of this subsection, may award costs of
litigation (including reasonable attorney and expert witness fees)
to any party, whenever the court determines such award is
appropriate.
(5) The injunctive relief provided by this subsection shall not
restrict any right which any person (or class of persons) may have
under any statute or common law to seek enforcement of any standard
or limitation or to seek any other relief (including relief against
the Secretary or a State agency).
(h) Coordination with other laws
The Secretary of Agriculture and the Secretary shall provide for
appropriate coordination of the administration of this chapter with
the administration of the animal quarantine laws (as defined in
section 136a(f) of title 21) and section 306 (!1) of the Tariff Act
of 1930 (19 U.S.C. 1306). Nothing in this chapter or any amendment
made by this chapter shall be construed as superseding or limiting
in any manner the functions of the Secretary of Agriculture under
any other law relating to prohibited or restricted importations or
possession of animals and other articles and no proceeding or
determination under this chapter shall preclude any proceeding or
be considered determinative of any issue of fact or law in any
proceeding under any Act administered by the Secretary of
Agriculture. Nothing in this chapter shall be construed as
superseding or limiting in any manner the functions and
responsibilities of the Secretary of the Treasury under the Tariff
Act of 1930 [19 U.S.C. 1202 et seq.], including, without
limitation, section 527 of that Act (19 U.S.C. 1527), relating to
the importation of wildlife taken, killed, possessed, or exported
to the United States in violation of the laws or regulations of a
foreign country.


-SOURCE-
(Pub. L. 93-205, Sec. 11, Dec. 28, 1973, 87 Stat. 897; Pub. L.
94-359, Sec. 4, July 12, 1976, 90 Stat. 913; Pub. L. 95-632, Secs.
6-8, Nov. 10, 1978, 92 Stat. 3761, 3762; Pub. L. 97-79, Sec. 9(e),
Nov. 16, 1981, 95 Stat. 1079; Pub. L. 97-304, Secs. 7, 9(c), Oct.
13, 1982, 96 Stat. 1425, 1427; Pub. L. 98-327, Sec. 4, June 25,
1984, 98 Stat. 271; Pub. L. 100-478, title I, Sec. 1007, Oct. 7,
1988, 102 Stat. 2309; Pub. L. 101-650, title III, Sec. 321, Dec. 1,
1990, 104 Stat. 5117; Pub. L. 107-171, title X, Sec. 10418(b)(3),
May 13, 2002, 116 Stat. 508.)

-REFTEXT-
REFERENCES IN TEXT
This chapter, referred to in subsecs. (a)(1), (3), (b)-(f),
(g)(1)(A), and (h), was in the original "this Act", meaning Pub. L.
93-205, Dec. 28, 1973, 81 Stat. 884, as amended, known as the
"Endangered Species Act of 1973", which is classified principally
to this chapter. For complete classification of this Act to the
Code, see Short Title note set out under section 1531 of this title
and Tables.
The customs laws, referred to in subsec. (e)(5), are classified
generally to Title 19, Customs Duties.
The amendments made by this chapter, referred to in subsec. (h),
refer to the amendments made by Pub. L. 93-205, which amended
sections 460k-1, 460l-9, 668dd, 715i, 715s, 1362, 1371, 1372, and
1402 of this title and section 136 of Title 7, Agriculture, and
repealed sections 668aa to 668cc-6 of this title.
The Tariff Act of 1930, referred to in subsec. (h), is act June
17, 1930, ch. 497, 46 Stat. 590, as amended, which is classified
generally to chapter 4 (Sec. 1202 et seq.) of Title 19, Customs
Duties. Section 306 of the Act was repealed by Pub. L. 107-171,
title X, Sec. 10418(a)(5), May 13, 2002, 116 Stat. 507. For
complete classification of this Act to the Code, see section 1654
of Title 19 and Tables.


-MISC1-
AMENDMENTS
2002 - Subsec. (h). Pub. L. 107-171 substituted "animal
quarantine laws (as defined in section 136a(f) of title 21)" for
"animal quarantine laws (21 U.S.C. 101-105, 111-135b, and
612-614)".
1988 - Subsec. (a)(1). Pub. L. 100-478, Sec. 1007(a), substituted
"$25,000" for "$10,000" and "$12,000" for "$5,000".
Subsec. (b)(1). Pub. L. 100-478, Sec. 1007(b), substituted
"$50,000" for "$20,000" and "$25,000" for "$10,000".
Subsec. (d). Pub. L. 100-478, Sec. 1007(c), inserted at end
"Whenever the balance of sums received under this section and
section 3375(d) of this title, as penalties or fines, or from
forfeitures of property, exceed $500,000, the Secretary of the
Treasury shall deposit an amount equal to such excess balance in
the cooperative endangered species conservation fund established
under section 1535(i) of this title."
1984 - Subsec. (d). Pub. L. 98-327 substituted a comma for "a
reward" after "shall pay" in first sentence, inserted "(1) a
reward" before "to any person", and added cl. (2).
1982 - Subsecs. (a)(1), (b)(1). Pub. L. 97-304, Sec. 9(c),
substituted "(a)(2)(A), (B), (C), or (D)" for "(a)(2)(A), (B), or
(C)".
Subsec. (e)(6). Pub. L. 97-304, Sec. 7(1), added par. (6).
Subsec. (g)(1)(B). Pub. L. 97-304, Sec. 7(2)(A)(i), substituted
"any State; or" for "any State.".
Subsec. (g)(1)(C). Pub. L. 97-304, Sec. 7(2)(A)(ii), added
subpar. (C).
Subsec. (g)(1). Pub. L. 97-304, Sec. 7(2)(A)(iii), inserted "or
to order the Secretary to perform such act or duty," after "any
such provision or regulation," in provisions following subpar. (C).
Subsec. (g)(2)(C). Pub. L. 97-304, Sec. 7(2)(B), added subpar.
(C).
1981 - Pub. L. 97-79 substituted "The Secretary or the Secretary
of the Treasury shall pay a reward from sums received as penalties,
fines, or forfeitures of property for any violation of this chapter
or any regulation issued hereunder to any person who furnishes
information which leads to an arrest, a criminal conviction, civil
penalty assessment, or forfeiture of property for any violation of
this chapter or any regulation issued hereunder" for "Upon the
recommendation of the Secretary, the Secretary of the Treasury is
authorized to pay an amount equal to one-half of the civil penalty
or fine paid, but not to exceed $2,500, to any person who furnishes
information which leads to a finding of civil violation or a
conviction of a criminal violation of any provision of this chapter
or any regulation or permit issued thereunder" and inserted
provision that the amount of the reward, if any, be designated by
the Secretary or the Secretary of the Treasury, as appropriate.
1978 - Subsec. (a)(1). Pub. L. 95-632, Sec. 6(1), (2),
substituted "and any person engaged in business as an importer or
exporter of fish, wildlife, or plants who violates" for "or who
knowingly commits an act in the course of a commercial activity
which violates" in two places and "$500" for "$1,000".
Subsec. (a)(3). Pub. L. 95-632, Sec. 7, added par. (3).
Subsec. (b)(1). Pub. L. 95-632, Sec. 6(3), substituted
"knowingly" for "willfully commits an act which" in two places.
Subsec. (b)(2). Pub. L. 95-632, Sec. 6(4), inserted "a person to
import or export fish, wildlife, or plants, or to operate a
quarantine station for imported wildlife, or authorizing" after
"authorizing".
Subsec. (b)(3). Pub. L. 95-632, Sec. 8, added par. (3).
1976 - Subsec. (e)(3). Pub. L. 94-359 inserted "make arrests
without a warrant for any violation of this chapter if he has
reasonable grounds to believe that the person to be arrested is
committing the violation in his presence or view, and may" after
"Such person may" and ", but upon forfeiture of any such property
to the United States, or the abandonment or waiver of any claim to
any such property, it shall be disposed of (other than by sale to
the general public) by the Secretary in such a manner, consistent
with the purposes of this chapter, as the Secretary shall by
regulation prescribe," after "other surety satisfactory to the
Secretary".

-CHANGE-
CHANGE OF NAME
"United States magistrate judges" substituted for "United States
magistrates" in subsec. (e)(2) pursuant to section 321 of Pub. L.
101-650, set out as a note under section 631 of Title 28, Judiciary
and Judicial Procedure.


-MISC2-
EFFECTIVE DATE OF 1981 AMENDMENT
Section 9(f) of Pub. L. 97-79 provided that: "The amendment
specified in subsection 9(e) of this Act [amending this section]
shall take effect beginning in fiscal year 1983."


-TRANS-
TRANSFER OF FUNCTIONS
For transfer of authorities, functions, personnel, and assets of
the Coast Guard, including the authorities and functions of the
Secretary of Transportation relating thereto, to the Department of
Homeland Security, and for treatment of related references, see
sections 468(b), 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.
For transfer of functions of the Secretary of Agriculture
relating to agricultural import and entry inspection activities
under this section 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.

-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 742l, 1536, 1539, 4224,
4912, 5305a of this title; title 6 section 231; title 28 section
524; title 42 section 10601.

-FOOTNOTE-
(!1) See References in Text note below.


-End-



-CITE-
16 USC Sec. 1541 01/19/04

-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 35 - ENDANGERED SPECIES

-HEAD-
Sec. 1541. Endangered plants

-STATUTE-
The Secretary of the Smithsonian Institution, in conjunction with
other affected agencies, is authorized and directed to review (1)
species of plants which are now or may become endangered or
threatened and (2) methods of adequately conserving such species,
and to report to Congress, within one year after December 28, 1973,
the results of such review including recommendations for new
legislation or the amendment of existing legislation.

-SOURCE-
(Pub. L. 93-205, Sec. 12, Dec. 28, 1973, 87 Stat. 901.)

-End-



-CITE-
16 USC Sec. 1542 01/19/04

-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 35 - ENDANGERED SPECIES

-HEAD-
Sec. 1542. Authorization of appropriations

-STATUTE-
(a) In general
Except as provided in subsections (b), (c), and (d) of this
section, there are authorized to be appropriated -
(1) not to exceed $35,000,000 for fiscal year 1988, $36,500,000
for fiscal year 1989, $38,000,000 for fiscal year 1990,
$39,500,000 for fiscal year 1991, and $41,500,000 for fiscal year (continued)