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U.S. Code as of:
01/19/04
Section 668. Bald and golden eagles
(a) Prohibited acts; criminal penalties
Whoever, within the United States or any place subject to the
jurisdiction thereof, without being permitted to do so as provided
in this subchapter, shall knowingly, or with wanton disregard for
the consequences of his act take, possess, sell, purchase, barter,
offer to sell, purchase or barter, transport, export or import, at
any time or in any manner any bald eagle commonly known as the
American eagle or any golden eagle, alive or dead, or any part,
nest, or egg thereof of the foregoing eagles, or whoever violates
any permit or regulation issued pursuant to this subchapter, shall
be fined not more than $5,000 or imprisoned not more than one year
or both: Provided, That in the case of a second or subsequent
conviction for a violation of this section committed after October
23, 1972, such person shall be fined not more than $10,000 or
imprisoned not more than two years, or both: Provided further, That
the commission of each taking or other act prohibited by this
section with respect to a bald or golden eagle shall constitute a
separate violation of this section: Provided further, That one-half
of any such fine, but not to exceed $2,500, shall be paid to the
person or persons giving information which leads to conviction:
Provided further, That nothing herein shall be construed to
prohibit possession or transportation of any bald eagle, alive or
dead, or any part, nest, or egg thereof, lawfully taken prior to
June 8, 1940, and that nothing herein shall be construed to
prohibit possession or transportation of any golden eagle, alive or
dead, or any part, nest, or egg thereof, lawfully taken prior to
the addition to this subchapter of the provisions relating to
preservation of the golden eagle.
(b) Civil penalties
Whoever, within the United States or any place subject to the
jurisdiction thereof, without being permitted to do so as provided
in this subchapter, shall take, possess, sell, purchase, barter,
offer to sell, purchase or barter, transport, export or import, at
any time or in any manner, any bald eagle, commonly known as the
American eagle, or any golden eagle, alive or dead, or any part,
nest, or egg thereof of the foregoing eagles, or whoever violates
any permit or regulation issued pursuant to this subchapter, may be
assessed a civil penalty by the Secretary of not more than $5,000
for each such violation. Each violation shall be a separate
offense. No penalty shall be assessed unless such person is given
notice and opportunity for a hearing with respect to such
violation. In determining the amount of the penalty, the gravity of
the violation, and the demonstrated good faith of the person
charged shall be considered by the Secretary. For good cause shown,
the Secretary may remit or mitigate any such penalty. Upon any
failure to pay the penalty assessed under this section, 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 or resides or transacts business to
collect the penalty and such court shall have jurisdiction to hear
and decide any such action. In hearing any such action, the court
must sustain the Secretary's action if supported by substantial
evidence.
(c) Cancellation of grazing agreements
The head of any Federal agency who has issued a lease, license,
permit, or other agreement authorizing the grazing of domestic
livestock on Federal lands to any person who is convicted of a
violation of this subchapter or of any permit or regulation issued
hereunder may immediately cancel each such lease, license, permit,
or other agreement. The United States shall not be liable for the
payment of any compensation, reimbursement, or damages in
connection with the cancellation of any lease, license, permit, or
other agreement pursuant to this section.
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