Page:United States Statutes at Large Volume 86.djvu/1106

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PUBLIC LAW 92-535-OCT. 23, 1972 Public Law 92-535

October 23, 1972 [H.R. 12186]

Bald and golden eagles. Protection. 76 Stat. 1246.

Penalties, increase.

Grazing agreements, cancellation authority.

[86 STAT.

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^ - - ^r «:., . AN ACT To strengthen the penalties imposed for violations of the Bald Eagle Protection Act, and for other purposes.

Be it enacted ty the Senate and House of Representatives of the United States of America in Congress assembled, That the first section of the Act entitled "An Act for the protection of the bald eagle", approved June 8, 1940 (16 U.S.C. 668), is amended— (1) by inserting " (a) " immediately before "Whoever", (2) by inserting "knowingly, or with wanton disregard for the consequences of his act", immediately before "take"; (3) by striking out "shall be fined not more than $500 or imprisoned not more than six months, or both: Provided,'' and inserting in lieu thereof the following: "or whoever violates any permit or regulation issued pursuant to this Act, 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 the date of the enactment of this proviso, 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,''; and (4r) by adding at the end thereof the following new subsections: " (b) Whoever, within the United States or any place subject to the jurisdiction thereof, without being permitted to do so as provided in this Act, 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 Act, 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. I n hearing any such action, the court must sustain the Secretary's action if supported by substantial evidence. "(c) 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 Act or of any permit or regulation issued hereunder may

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