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16 U.S.C. § 5202

Title 16 Chapter 72 Current through PL 118-3 Last updated: March 29, 2026 View on OLRC →
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§ 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.

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