US Code

Public Law 119-73 (01/23/2026)

16 U.S.C. § 4912

Penalties and regulations

(a)

Penalties

(1)

Civil penalties

(A)
1
1 So in original. Probably should be section “4910(a)(1)(A) or (B)”.
section 4911 of this title Any person who knowingly violates, and any person engaged in business as an importer of exotic birds who violates, section 4910(a)(1) or (2)  of this title or any permit issued under may be assessed a civil penalty by the Secretary of not more than $25,000 for each violation.
(B)
2
2 So in original. Probably should be section “4910(a)(1)(C)”.
Any person who knowingly violates, and any person engaged in business as an importer of exotic birds who violates, section 4910(a)(3)  of this title may be assessed a civil penalty by the Secretary of not more than $12,000 for each such violation.
(C)
section 4910(a) of this titlesection 4911 of this title Any person who otherwise violates or any permit issued under may be assessed a civil penalty by the Secretary of not more than $500 for each such violation.
(D)
Public Law 93–20516 U.S.C. 15313
3 So in original. Probably should be section “11(a)”.
16 U.S.C. 1540(a) A civil penalty under this section shall be assessed, and may be collected, in the manner in which a civil penalty under the Act of () [ et seq.], may be assessed and collected under section 111(a)  of that Act [].
(2)

Criminal penalties

(A)
1section 4911 of this title Any person who knowingly violates, and any person engaged in business as an importer of exotic birds who violates, section 4910(a)(1) or (2)  of this title or any permit issued under shall be fined under title 18 or imprisoned for not more than 2 years, or both.
(B)
2 Any person who knowingly violates section 4910(a)(3)  of this title shall be fined under title 18, imprisoned not more than 6 months, or both.
(b)

District court jurisdiction

section 460 of title 28The several district courts of the United States, including the courts enumerated in , shall have jurisdiction over any action arising under this chapter. For the purposes of this chapter, American Samoa shall be included in the Judicial District of the District Court of the United States for the District of Hawaii, and the Trust Territory of Palau and the Northern Marianas shall be included in the Judicial District of the District Court of the United States for the District of Guam.

(c)

Other enforcement

16 U.S.C. 3372(a)The importation of an exotic bird is deemed to be transportation of wildlife for purposes of section 3(a) of the Lacey Act Amendments of 1981 ().

(d)

Regulations

The Secretary shall prescribe regulations that are necessary and appropriate to carry out the purposes of this chapter.

(e)

Savings provisions

16 U.S.C. 153116 U.S.C. 3371The authority of the Secretary under this chapter is in addition to and shall not affect the authority of the Secretary under the Endangered Species Act of 1973 ( et seq.) or diminish the authority of the Secretary under the Lacey Act Amendments of 1981 ( et seq.). Nothing in this chapter shall be construed as repealing, superseding, or modifying any provision of Federal law.

Pub. L. 102–440, title I, § 113106 Stat. 2231(, , .)

Editorial Notes

References in Text

Pub. L. 93–20587 Stat. 884section 1531 of this titleAct of , referred to in subsec. (a)(1)(D), and the Endangered Species Act of 1973, referred to in subsec. (e), are , , , which is classified generally to chapter 35 (§ 1531 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under and Tables.

Pub. L. 97–7995 Stat. 1073section 3371 of this titleThe Lacey Act Amendments of 1981, referred to in subsec. (e), is , , , which is classified principally to chapter 53 (§ 3371 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under and Tables.

Executive Documents

Termination of Trust Territory

section 1681 of Title 48For termination of Trust Territory of Palau and Northern Marianas, see note set out preceding , Territories and Insular Possessions.