Sec. 320803. CIVIL PENALTIES
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## SEC. 320803 CIVIL PENALTIES **[**[16 U.S.C. 5202](/us/usc/t16/s5202)**]** ###
(a)In General A person who violates section 320802 shall be assessed a civil penalty in an amount computed under subsection (b). ###
(b)Computation of Penalty The penalty shall be— ####
(1)not more than $10,000, if the violation involved the use of force or violence, or the threatened use of force or violence, against the person or property of another person; and ####
(2)not more than $5,000 for any other violation. ###
(c)Relationship to Other Penalties The penalties established by this section shall be in addition to other criminal or civil penalties that may be levied against the person as a result of an activity in violation of section 320802. ###
(d)Procedure Upon receipt of— ####
(1)a written complaint from an officer, employee, or agent of the Forest Service, Bureau of Land Management, National Park Service, United States Fish and Wildlife Service, or other Federal agency that a person violated section 320802; or ####
(2)a sworn affidavit from an individual and a determination by the Secretary that the statement contains sufficient factual allegations to create a reasonable belief that a violation of section 320802 has occurred; the Secretary may request the Attorney General of the United States to institute a civil action for the imposition and collection of the civil penalty under this section. ###
(e)Use of Penalty Money Collected After deduction of costs attributable to collection, money collected from penalties shall be— ####
(1)deposited into the trust fund established pursuant to the Act entitled “An Act to provide that the United States shall aid the States in wildlife-restoration projects, and for other purposes”, approved September 2, 1937 (16 U.S.C. 669) (commonly known as the “Pitman-Robertson Wildlife Restoration Act”), to support the activities authorized by such Act and undertaken by State wildlife management agencies; or ####
(2)used in such other manner as the Secretary determines will enhance the funding and implementation of— #####
(A)the North American Waterfowl Management Plan signed by the Secretary of the Interior and the Minister of Environment for Canada in May 1986; or #####
(B)a similar program that the Secretary determines will enhance wildlife management— ######
(i)on Federal lands; or ######
(ii)on private or State-owned lands when the efforts will also provide a benefit to wildlife management objectives on Federal lands.
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