Sec. 6. Penalties and enforcement
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/bill/118/hr/3518/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(a) shall be fined under title 18, United States Code, imprisoned for not more than 1 year, or both. A person that knowingly violates section 5(a) 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 collected in the manner in which a civil penalty under the Endangered Species Act of 1973 is assessed and collected under section 11(a) of that Act ( 16 U.S.C. 1540(a) ).
Any bear viscera or bear viscera product treated in a manner that violates section 5(a), or any regulation issued pursuant thereto, shall be subject to seizure and forfeiture to the United States. The Secretary shall, in consultation with the Secretary of the Treasury and the United States Trade Representative, issue such regulations as are necessary to carry out this Act. The Secretary, the Secretary of the Treasury, and the Secretary of the department in which the Coast Guard is operating shall enforce this Act 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) ).
Sums received as penalties, fines, or forfeiture of property for any violation of section 5(a), or any regulation issued pursuant thereto, 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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