Page:United States Statutes at Large Volume 106 Part 3.djvu/437

 PUBLIC LAW 102-440—OCT. 23, 1992 106 STAT. 2231 (B) developed and administered by, or in coi^junction with, an avicidtural, conservation, or zoological organization that meets standards developed by the Secretary. SEC. 113. PENALTIES AND REGULATIONS. 16 USC 4912. (a) PENALTIES.— (1) CIVIL PENALTIES.— (A) Any person who knowingly violates, and any person engaged in business as an importer of exotic birds who violates, section 111(a)(1) or (2) or any permit issued under section 112 may be assessed a civil penalty by the Secretary of not more than $25,000 for each violation. (B) Any person who kno¥dngly violates, and any person engaged in business as an importer of exotic birds who violates, section lll(a)(3) may be assessed a civil penalty by the Secretary of not more than $12,000 for each such violation. (C) Any person who otherwise violates section 111(a) or any permit issued under section 112 may be assessed a civil penalty by the Secretary of not more than $500 for each such violation. (D) A civil penalty under this section shall be assessed, and may be collected, in the manner in which a civil penalty under the Act of December 28, 1973 (Public Law 93-205), may be assessed and collected under section 111(a) of that Act. (2) CRIMINAL PENALTIES.— (A) Any person who knowingly violates, and any person engaged in business as an importer of exotic birds who violates, section 111(a)(1) or (2) or any permit issued under section 112 shall be fined under title 18, United States Code, or imprisoned for not more than 2 years, or both. (B) Any person who knowingly violates section lll(a)(3) shall be fined under title 18, United States Code, imprisoned not more than 6 months, or both. (b) DISTRICT COURT JURISDICTION. —The several district courts of the United States, including the courts enumerated in section 460 of title 28, United States Code, shall have jurisdiction over any action arising under this title. For the purposes of this title, American Samoa shall be included in the Judicial District of the District Court of the United States for the District of Hawaii, and the Trust Territory of Palau and the Northern Marianas shall be included in the Judicial District of the District Court of the ^ United States for the District of Guam. (c) OTHER ENFORCEMENT. — The importation of an exotic bird is deemed to be transportation of wildlife for purposes of section 3(a) of the Lacey Act Amendments of 1981 (16 U.S.C. 3372(a)). (d) REGULATIONS.— The Secretary shall prescribe regulations that are necessary and appropriate to carry out the purposes of this title. (e) SAVINGS PROVISIONS.—The authority of the Secretary under this title is in addition to and shall not afiect the authority of the Secretary under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) or diminish the authority of the Secretary under the Lacey Act Amendments of 1981 (16 U.S.C. 3371 et seq.). Nothing

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