Hearings held during proceedings for the assessment of civil penalties shall be conducted in accordance with section 554 of title 5. The administrative law judge may issue subpenas for the attendance and testimony of witnesses and the production of relevant papers, books, or documents, and may 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 issued pursuant to this paragraph and served upon any person, the district court of the United States for any district in which such person is found, 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 administrative law judge or to appear and produce documents before the administrative law judge, or both, and any failure to obey such order of the court may be punished by such court as a contempt thereof.
Any person against whom a civil penalty is assessed under this section may obtain review thereof in the appropriate District Court of the United States by filing a complaint in such court within 30 days after the date of such order and by simultaneously serving a copy of the complaint by certified mail on the Secretary, the Attorney General, and the appropriate United States attorney. The Secretary shall promptly file in such court a certified copy of the record upon which such violation was found or such penalty imposed, as provided in section 2112 of title 28. If any person fails to pay an assessment of a civil penalty after it has become a final and unappealable order or after the appropriate court has entered final judgment in favor of the Secretary, the Secretary may request the Attorney General of the United States to institute a civil action in an appropriate district court of the United States to collect the penalty, and such court shall have jurisdiction to hear and decide any such action. In hearing such action, the court shall have authority to review the violation and the assessment of the civil penalty de novo.
knowing that the fish or wildlife or plants were taken, possessed, transported, or sold in violation of, or in a manner unlawful under, any underlying law, treaty or regulation, shall be fined not more than $20,000, or imprisoned for not more than five years, or both. Each violation shall be a separate offense and the offense shall be deemed to have been committed not only in the district where the violation first occurred, but also in any district in which the defendant may have taken or been in possession of the said fish or wildlife or plants.
The Secretary may also suspend, modify, or cancel any Federal hunting or fishing license, permit, or stamp, or any license or permit authorizing a person to import or export fish or wildlife or plants (other than a permit or license issued pursuant to the Magnuson-Stevens Fishery Conservation and Management Act [16 U.S.C. 1801 et seq.]), or to operate a quarantine station or rescue center for imported wildlife or plants, issued to any person who is convicted of a criminal violation of any provision of this chapter or any regulation issued hereunder. The Secretary shall not be liable for the payments of any compensation, reimbursement, or damages in connection with the modification, suspension, or revocation of any licenses, permits, stamps, or other agreements pursuant to this section.
16 U.S.C. § 3373
EDITORIAL NOTES
REFERENCES IN TEXTThis chapter, referred to in subsecs. (a)(1), (3), (d)(1), (2), and (e), was in the original "this Act", meaning Pub. L. 97-79, Nov. 16, 1981, 95 Stat. 1073, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 3371 of this title and Tables.The Magnuson-Stevens Fishery Conservation and Management Act, referred to in subsec. (e), is Pub. L. 94-265, Apr. 13, 1976, 90 Stat. 331, which is classified principally to chapter 38 (§1801 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 1801 of this title and Tables.
CODIFICATION "Magnuson-Stevens Fishery Conservation and Management Act" substituted for "Fishery Conservation and Management Act of 1976" in subsec. (e), on authority of Pub. L. 96-561, title II, §238(b), Dec. 22, 1980, 94 Stat. 3300, which provided that all references to the Fishery Conservation and Management Act of 1976 be redesignated as references to the Magnuson Fishery Conservation and Management Act and Pub. L. 104-208, div. A, title I, §101(a) [title II, §211(b)], Sept. 30, 1996, 110 Stat. 3009, 3009-41, which provided that all references to the Magnuson Fishery Conservation and Management Act be redesignated as references to the Magnuson-Stevens Fishery Conservation and Management Act. Pub. L. 110-234 and Pub. L. 110-246 made identical amendments to this section. The amendments by Pub. L. 110-234 were repealed by section 4(a) of Pub. L. 110-246.
AMENDMENTS2022-Subsec. (a)(1). Pub. L. 117-243, §4(a), inserted "(e)," after "(d)," and ",(e)," after "subsection (d)". Subsec. (d)(1)(A). Pub. L. 117-243, §4(b)(1), inserted "(e)," after "(d),". Subsec. (d)(1)(B). Pub. L. 117-243, §4(b)(2), inserted "(e)," after "(d),".Subsec. (d)(2). Pub. L. 117-243, §4(b)(3), inserted "(e)," after "(d),".Subsec. (d)(4). Pub. L. 117-243, §4(b)(4), added par. (4). 2008-Subsec. (a)(1). Pub. L. 110-246, §8204(f), made technical corrections to directory language of Pub. L. 100-653, §102(c). See 1988 Amendment note below. Pub. L. 110-246, §8204(c)(1), (2), substituted "subsections (b), (d), and (f) of section 3372" for "subsections (b) and (d) of section 3372" and "subsection (d) or (f) of section 3372" for "section 3372(d)".Subsec. (a)(2). Pub. L. 110-246, §8204(c)(3), substituted "subsection (b) or (f) of section 3372 of this title, except as provided in paragraph (1)," for "subsection 3372(b)". Subsec. (d)(1), (2). Pub. L. 110-246, §8204(f), made technical corrections to directory language of Pub. L. 100-653, §102(c). See 1988 Amendment note below. Pub. L. 110-246, §8204(c)(1), substituted "subsections (b), (d), and (f) of section 3372" for "subsections (b) and (d) of section 3372" in pars. (1)(A), (B), and (2). Subsec. (d)(3). Pub. L. 110-246, §8204(c)(2), substituted "subsection (d) or (f) of section 3372" for "section 3372(d)" in introductory provisions. 1988-Subsec. (a)(1). Pub. L. 100-653, §102(c), as amended by Pub. L. 110-246, §8204(f), substituted "(other than subsections (b) and (d) of section 3372 of this title)" for "(other than subsection 3372(b) of this title)". Pub. L. 100-653, §102(a), inserted "and any person who knowingly violates section 3372(d) of this title," after "any underlying law, treaty, or regulation,".Subsec. (c). Pub. L. 100-653, §103, amended first sentence generally. Prior to amendment, first sentence read as follows: "Any person against whom a civil penalty is assessed under this section may obtain review thereof in the appropriate district court of the United States by filing a notice of appeal in such court within thirty days from the date of such order and by simultaneously sending a copy of such notice by certified mail to the Secretary." Subsec. (d)(1), (2). Pub. L. 100-653, §102(c), as amended by Pub. L. 110-246, §8204(f), substituted "(other than subsections (b) and (d) of section 3372 of this title)" for "(other than subsection 3372(b) of this title)" in pars. (1)(A), (B), and (2).Subsec. (d)(3). Pub. L. 100-653, §102(b), added par. (3).
STATUTORY NOTES AND RELATED SUBSIDIARIES
EFFECTIVE DATE OF 2008 AMENDMENT Amendment of this section and repeal of Pub. L. 110-234 by Pub. L. 110-246 effective May 22, 2008, the date of enactment of Pub. L. 110-234 except as otherwise provided, see section 4 of Pub. L. 110-246 set out as an Effective Date note under section 8701 of Title 7, Agriculture. Pub. L. 110-234, title VIII, §8204(f), May 22, 2008, 122 Stat. 1294, and Pub. L. 110-246, §4(a), title VIII, §8204(f), June 18, 2008, 122 Stat. 1664, 2056, provided that the amendment made by section 8204(f) is effective Nov. 14, 1988, and as if included in the enactment of section 102(c) of Pub. L. 100-653.[Pub. L. 110-234 and Pub. L. 110-246 enacted identical provisions. Pub. L. 110-234 was repealed by section 4(a) of Pub. L. 110-246 set out as a note under section 8701 of Title 7, Agriculture.]
TRANSFER OF FUNCTIONS For transfer of functions of the Secretary of Agriculture relating to agricultural import and entry inspection activities under this chapter 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.