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CITE

    16 USC Sec. 668                                             01/05/2009

EXPCITE

    TITLE 16 - CONSERVATION
    CHAPTER 5A - PROTECTION AND CONSERVATION OF WILDLIFE
    SUBCHAPTER II - PROTECTION OF BALD AND GOLDEN EAGLES

HEAD

    Sec. 668. Bald and golden eagles

STATUTE

    (a) Prohibited acts; criminal penalties
      Whoever, within the United States or any place subject to the
    jurisdiction thereof, without being permitted to do so as provided
    in this subchapter, shall knowingly, or with wanton disregard for
    the consequences of his act take, possess, sell, purchase, barter,
    offer to sell, purchase or barter, transport, export or import, at
    any time or in any manner any bald eagle commonly known as the
    American eagle or any golden eagle, alive or dead, or any part,
    nest, or egg thereof of the foregoing eagles, or whoever violates
    any permit or regulation issued pursuant to this subchapter, shall
    be fined not more than $5,000 or imprisoned not more than one year
    or both: Provided, That in the case of a second or subsequent
    conviction for a violation of this section committed after October
    23, 1972, such person shall be fined not more than $10,000 or
    imprisoned not more than two years, or both: Provided further, That
    the commission of each taking or other act prohibited by this
    section with respect to a bald or golden eagle shall constitute a
    separate violation of this section: Provided further, That one-half
    of any such fine, but not to exceed $2,500, shall be paid to the
    person or persons giving information which leads to conviction:
    Provided further, That nothing herein shall be construed to
    prohibit possession or transportation of any bald eagle, alive or
    dead, or any part, nest, or egg thereof, lawfully taken prior to
    June 8, 1940, and that nothing herein shall be construed to
    prohibit possession or transportation of any golden eagle, alive or
    dead, or any part, nest, or egg thereof, lawfully taken prior to
    the addition to this subchapter of the provisions relating to
    preservation of the golden eagle.
    (b) Civil penalties
      Whoever, within the United States or any place subject to the
    jurisdiction thereof, without being permitted to do so as provided
    in this subchapter, shall take, possess, sell, purchase, barter,
    offer to sell, purchase or barter, transport, export or import, at
    any time or in any manner, any bald eagle, commonly known as the
    American eagle, or any golden eagle, alive or dead, or any part,
    nest, or egg thereof of the foregoing eagles, or whoever violates
    any permit or regulation issued pursuant to this subchapter, may be
    assessed a civil penalty by the Secretary of not more than $5,000
    for each such violation. Each violation shall be a separate
    offense. No penalty shall be assessed unless such person is given
    notice and opportunity for a hearing with respect to such
    violation. In determining the amount of the penalty, the gravity of
    the violation, and the demonstrated good faith of the person
    charged shall be considered by the Secretary. For good cause shown,
    the Secretary may remit or mitigate any such penalty. Upon any
    failure to pay the penalty assessed under this section, the
    Secretary may request the Attorney General to institute a civil
    action in a district court of the United States for any district in
    which such person is found or resides or transacts business to
    collect the penalty and such court shall have jurisdiction to hear
    and decide any such action. In hearing any such action, the court
    must sustain the Secretary's action if supported by substantial
    evidence.
    (c) Cancellation of grazing agreements
      The head of any Federal agency who has issued a lease, license,
    permit, or other agreement authorizing the grazing of domestic
    livestock on Federal lands to any person who is convicted of a
    violation of this subchapter or of any permit or regulation issued
    hereunder may immediately cancel each such lease, license, permit,
    or other agreement. The United States shall not be liable for the
    payment of any compensation, reimbursement, or damages in
    connection with the cancellation of any lease, license, permit, or
    other agreement pursuant to this section.

SOURCE

    (June 8, 1940, ch. 278, Sec. 1, 54 Stat. 250; Pub. L. 86-70, Sec.
    14, June 25, 1959, 73 Stat. 143; Pub. L. 87-884, Oct. 24, 1962, 76
    Stat. 1246; Pub. L. 92-535, Sec. 1, Oct. 23, 1972, 86 Stat. 1064.)

REFERENCES IN TEXT

      Prior to the addition to this subchapter of the provisions
    relating to preservation of the golden eagle, referred to in
    subsec. (a), means prior to Oct. 24, 1962, the date such provisions
    were enacted by Pub. L. 87-884 as an amendment of this section and
    section 668a of this title.

AMENDMENTS

      1972 - Pub. L. 92-535 designated existing provisions as subsec.
    (a), substituted "shall knowingly, or with wanton disregard for the
    consequences of his act take" for "shall take", increased fine and
    imprisonment terms from $500 or six months to $5,000 or one year,
    and inserted provisions that a second conviction carry a penalty of
    $10,000 fine or imprisonment of not more than two years, that each
    taking constitute a separate offense, and that informers be
    rewarded one-half of the fine not exceeding $2,500, and added
    subsecs. (b) and (c).
      1962 - Pub. L. 87-884 extended prohibitions against the
    enumerated acts to the golden eagle and changed proviso by
    substituting "bald eagle", "June 8, 1940" and "and that nothing in
    said sections shall be construed to prohibit possession or
    transportation of any golden eagle, alive or dead, or any part,
    nest, or egg thereof, lawfully taken prior to the addition to said
    sections of the provisions relating to preservation of the golden
    eagle" for "such eagle," "the effective date of said sections" and
    "but the proof of such taking shall lie upon the accused in any
    prosecution under said sections", respectively.
      1959 - Pub. L. 86-70 struck out "except the Territory of Alaska,"
    after "subject to the jurisdiction thereof,".

TRANSFER OF FUNCTIONS

      Enforcement functions of Secretary or other official in
    Department of the Interior related to compliance with this
    subchapter with respect to pre-construction, construction, and
    initial operation of transportation system for Canadian and Alaskan
    natural gas transferred to Federal Inspector, Office of Federal
    Inspector for Alaska Natural Gas Transportation System, until first
    anniversary of date of initial operation of Alaska Natural Gas
    Transportation System, see Reorg. Plan No. 1 of 1979, Secs. 102(e),
    203(a), 44 F.R. 33663, 33666, 93 Stat. 1373, 1376, effective July
    1, 1979, set out in the Appendix to Title 5, Government
    Organization and Employees. Office of Federal Inspector for the
    Alaska Natural Gas Transportation System abolished and functions
    and authority vested in Inspector transferred to Secretary of
    Energy by section 3012(b) of Pub. L. 102-486, set out as an
    Abolition of Office of Federal Inspector note under section 719e of
    Title 15, Commerce and Trade. Functions and authority vested in
    Secretary of Energy subsequently transferred to Federal Coordinator
    for Alaska Natural Gas Transportation Projects by section 720d(f)
    of Title 15.

LEGISLATIVE INTENT

      Enacting clause of act June 8, 1940, provided:
      "Whereas the Continental Congress in 1782 adopted the bald eagle
    as the national symbol; and
      "Whereas the bald eagle thus became the symbolic representation
    of a new nation under a new government in a new world; and
      "Whereas by that act of Congress and by tradition and custom
    during the life of this Nation, the bald eagle is no longer a mere
    bird of biological interest but a symbol of the American ideals of
    freedom; and
      "Whereas the bald eagle is now threatened with extinction:
    Therefore
      "Be it enacted * * *", etc.
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