§ 5201. Obstruction of a lawful hunt

It is a violation of this section intentionally to engage in any physical conduct that significantly hinders a lawful hunt.

§ 5202. Civil penalties

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

§ 5203. Other relief

Injunctive relief against a violation of section 5201 of this title may be sought by—

• (1) the head of a State agency with jurisdiction over fish or wildlife management;
• (2) the Attorney General of the United States; or
• (3) any person who is or would be adversely affected by the violation.

§ 5204. Relationship to State and local law and civil actions

This chapter does not preempt a State law or local ordinance that provides for civil or criminal penalties for conduct that violates this chapter.

§ 5205. Regulations

The Secretary may issue such regulations as are necessary to carry out this chapter.

§ 5206. Rule of construction

Nothing in this chapter shall be construed to impair a right guaranteed to a person under the first article of amendment to the Constitution or limit any legal remedy for forceful interference with a person’s lawful participation in speech or peaceful assembly.

§ 5207. Definitions

As used in this chapter:

• (1) The term “Federal lands” means—
  • (A) national forests;
  • (B) public lands;
  • (C) national parks; and
  • (D) wildlife refuges.
• (2) The term “lawful hunt” means the taking or harvesting (or attempted taking or harvesting) of wildlife or fish, on Federal lands, which—
  • (A) is lawful under the laws applicable in the place it occurs; and
  • (B) does not infringe upon a right of an owner of private property.
• (3) The term “national forest” means lands included in the National Forest System (as defined in section 1609(a) of this title ).
• (4) The term “national park” means lands and waters included in the National Park System (as defined in section 100501 of title 54 ).
• (5) The term “public lands” has the same meaning as is provided in section 1702(e) of title 43 .
• (6) The term “Secretary” means—
  • (A) the Secretary of Agriculture with respect to national forests; and
  • (B) the Secretary of the Interior with respect to—
    • (i) public lands;
    • (ii) national parks; and
    • (iii) wildlife refuges.
• (7) The term “wildlife refuge” means lands and waters included in the National Wildlife Refuge System (as established by section 668dd of this title ).
• (8) The term “conduct” does not include speech protected by the first article of amendment to the Constitution.