Sec. 6. Penalties and enforcement
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/bill/116/hr/2264/ih/section-6A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
A person that knowingly violates section 5 shall be fined under title 18, United States Code, imprisoned not more than 1 year, or both. A person that knowingly violates section 5 may be assessed a civil penalty by the Secretary of not more than $25,000 for each violation. A civil penalty under this subsection shall be assessed, and may be collected, in the manner in which a civil penalty under the Endangered Species Act of 1973 may be assessed and collected under section 11(a) of that Act ( 16 U.S.C. 1540(a) ).
Any bear viscera or any product, item, or substance exported, imported, sold, bartered, attempted to be exported, imported, sold, bartered, offered for sale or barter, purchased, possessed, transported, delivered, or received in violation of this section (including any regulation issued under this section) shall be seized and forfeited to the United States. After consultation with the Secretary of the Treasury and the United States Trade Representative, the Secretary shall issue such regulations as are necessary to carry out this section.
The Secretary, the Secretary of the Treasury, and the Secretary of the department in which the Coast Guard is operating shall enforce this section in the manner in which the Secretaries carry out enforcement activities under section 11(e) of the Endangered Species Act of 1973 ( 16 U.S.C. 1540(e) ). Amounts received as penalties, fines, or forfeiture of property under this section shall be used in accordance with section 6(d) of the Lacey Act Amendments of 1981 ( 16 U.S.C. 3375(d) ).
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