Sec. 10. Penalties and sanctions
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The Secretary and the Secretary of Homeland Security— shall enforce the provisions of this Act, including any regulations or permits issued under this Act; and may require the furnishing of an appropriate bond, if desirable to ensure compliance with those provisions. Any person authorized by the Secretary to enforce this Act shall have the authorities described in section 6(b) of the Lacey Act Amendments of 1981 ( 16 U.S.C. 3375(b) ). Subject to paragraph (2), any person who violates any provision of this Act, any permit issued under this Act, or a regulation issued under this Act may be assessed a civil penalty by the Secretary of not more than $10,000 for each violation.
No civil penalty may be assessed under this subsection for a violation under this Act unless a person described in paragraph
(1)is given notice and opportunity for a hearing with respect to the violation. A hearing described in subparagraph
(A)shall be conducted in accordance with section 554 of title 5, United States Code. The Secretary may, for any hearing under this paragraph— issue a subpoena for— the attendance or testimony of a witness; or the production of relevant papers, books, or documents; and administer an oath. Any witness summoned under clause
(ii)shall be paid the same fees and mileage that are paid to a witness in a court of the United States. In the case of contumacy or failure to obey a subpoena issued under clause (ii), the district court of the United States for the district in which the subpoenaed person is found, resides, or transacts business, on application by the United States and after notice to the subpoenaed person, may issue an order requiring the person— to appear and give testimony before the Secretary; or to appear and produce documentary evidence before the Secretary. Any failure to obey an order issued under subclause
(I)may be punished by the court described in that subclause as contempt of that court. Each violation under this Act shall be a separate offense. The Secretary may remit or mitigate any civil penalty assessed under this subsection. If a person assessed a civil penalty under paragraph
(1)fails to pay the civil penalty, the Secretary may request that the Attorney General institute a civil action to collect the penalty in a district court of the United States for any district in which the person is found, resides, or transacts business, and that court shall have jurisdiction to hear and decide the action. The court described in subparagraph
(A)shall— hear the action described in that subparagraph on the record made before the Secretary in a hearing under in paragraph (2)(B); and sustain the decision of the Secretary if that decision is supported by substantial evidence in the record, considered as a whole. Any person who knowingly violates any provision of this Act, any permit issued under this Act, or a regulation issued under this Act shall be guilty of a class A misdemeanor. Any costs relating to the mitigation of injury caused by a violation of this Act shall be borne by the person who violated this Act. Any wildlife that is imported, transported, possessed, or released into the wild in violation of this Act or a permit or regulation issued under this Act, or any wildlife that any person has attempted to import, transport, possess, or release into the wild in violation of this Act or a permit or regulation issued under this Act, shall be promptly exported or destroyed at the expense of the importer, consignee, or recipient. Any vessel, vehicle, aircraft, or other equipment used to aid in the importing, transporting, possessing, or releasing into the wild, or in the attempt to import, transport, possess, or release into the wild, of wildlife in a criminal violation of this Act shall be subject to forfeiture to the United States if the owner of the vessel, vehicle, aircraft, or equipment was, at the time of the alleged illegal act, a consenting party or privy to the alleged illegal act or in the exercise of due care should have known that the vessel, vehicle, aircraft, or equipment would be used in a criminal violation of this Act. Subject to subparagraph (B), all provisions of law relating to the seizure, forfeiture, and condemnation of property for violation of customs law, the disposition of that property or the proceeds from the sale of that property, and the remission or mitigation of that forfeiture, shall apply to the seizures and forfeitures incurred, or alleged to have been incurred, under this Act if those provisions of law are not inconsistent with this Act. Any power, right, or duty conferred or imposed by customs law on any officer or employee of the Department of Homeland Security may, for the purposes of this Act, be exercised or performed by the Secretary, or by such persons as the Secretary may designate, only if a warrant for the search or seizure is issued in accordance with rule 41 of the Federal Rules of Criminal Procedure. Any person convicted of an offense or assessed a civil penalty under this Act shall be liable for the costs incurred in the storage, care, and maintenance of any wildlife seized in connection with the applicable violation. A civil forfeiture under this section shall be governed by chapter 46 of title 18, United States Code.
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Sec. 10
Penalties and sanctions
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