Sec. 6. Issuance of subpoenas in wildlife trafficking civil penalty enforcement actions
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Section 11(e) of the Endangered Species Act of 1973 ( 16 U.S.C. 1540(e) ) is amended by adding at the end the following: For the purposes of any inspection or investigation relating to the import into, or the export from, the United States of any fish or wildlife or plants covered under this Act or relating to the delivery, receipt, carrying, transport, shipment, sale, or offer for sale in interstate or foreign commerce of any such fish or wildlife or plants imported into or exported from the United States, the Secretary, may issue subpoenas for the attendance and testimony of witnesses and the production of any papers, books, or other records relevant to the subject matter under investigation.
A witness summoned under subparagraph
(A)shall be paid the same fees and mileage that are paid to witnesses in the courts of the United States. In the case of a contumacy or refusal to obey a subpoena served on any person pursuant to this paragraph, the district court of the United States for any judicial district in which the person is found, resides, or transacts business, on application by the United States and after notice to that person, shall have jurisdiction to issue an order requiring that person to appear and give testimony before the Secretary, to appear and produce documents before the Secretary, or both. Any failure to obey an order issued by a court under clause
(i)may be punished by that court as a contempt of that court. . Section 6 of the Lacey Act Amendments of 1981 ( 16 U.S.C. 3375 ) is amended by adding at the end the following: For the purposes of any inspection or investigation relating to the import into, or the export from, the United States of any fish or wildlife or plants covered under the Lacey Act of 1900 ( 16 U.S.C. 3371 et seq. ) or relating to the transport, sale, receipt, acquisition, or purchase in interstate or foreign commerce of any such fish or wildlife or plants imported into or exported from the United States, the Secretary may issue subpoenas for the attendance and testimony of witnesses and the production of any papers, books, or other records relevant to the subject matter under investigation. A witness summoned under paragraph
(1)shall be paid the same fees and mileage that are paid to witnesses in the courts of the United States. In the case of a contumacy or refusal to obey a subpoena served on any person pursuant to this subsection, the district court of the United States for any judicial district in which the person is found, resides, or transacts business, on application by the United States and after notice to that person, shall have jurisdiction to issue an order requiring that person to appear and give testimony before the Secretary, to appear and produce documents before the Secretary, or both. Any failure to obey an order issued by a court under subparagraph
(A)may be punished by that court as a contempt of that court. . Subsection
(b)of the first section of the Act of June 8, 1940 ( 16 U.S.C. 668(b) ) (commonly known as the Bald and Golden Eagle Protection Act ), is amended— by striking
(b)Whoever, within the and inserting the following: Whoever, within the ; and by adding at the end the following: Hearings held during proceedings for the assessment of civil penalties under paragraph
(1)shall be conducted in accordance with section 554 of title 5, United States Code. For purposes of any hearing held during proceedings for the assessment of civil penalties under paragraph (1), the Secretary may issue subpoenas for the attendance and testimony of witnesses and the production of relevant papers, books, and documents, and may administer oaths. A witness summoned pursuant to clause
(i)shall be paid the same fees and mileage that are paid to witnesses in the courts of the United States. In the case of a contumacy or refusal to obey a subpoena served on any person pursuant to this subparagraph, the district court of the United States for any judicial district in which the person is found, resides, or transacts business, on application by the United States and after notice to that person, shall have jurisdiction to issue an order requiring that person to appear and give testimony before the Secretary, to appear and produce documents before the Secretary, or both. Any failure to obey an order issued by a court under subclause
(I)may be punished by that court as a contempt of that court. . Section 3 of the Act of June 8, 1940 ( 16 U.S.C. 668b ) (commonly known as the Bald and Golden Eagle Protection Act ), is amended by adding at the end the following: For the purposes of any inspection or investigation relating to the import into or the export from the United States of any bald or golden eagles covered under this Act, or any parts, nests, or eggs of any such bald or golden eagles, the Secretary may issue subpoenas for the attendance and testimony of witnesses and the production of any papers, books, or other records relevant to the subject matter under investigation. A witness summoned under paragraph
(1)shall be paid the same fees and mileage that are paid to witnesses in the courts of the United States. In the case of a contumacy or refusal to obey a subpoena served on any person pursuant to this subsection, the district court of the United States for any judicial district in which the person is found, resides, or transacts business, on application by the United States and after notice to that person, shall have jurisdiction to issue an order requiring that person to appear and give testimony before the Secretary, to appear and produce documents before the Secretary, or both. Any failure to obey an order issued by a court under subparagraph
(A)may be punished by that court as a contempt of that court. .
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Sec. 6
Issuance of subpoenas in wildlife trafficking civil penalty enforcement actions
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