UNITED STATES CODE SERVICE

TITLE 16. CONSERVATION

CHAPTER 5A. PROTECTION AND CONSERVATION OF WILDLIFE
PROTECTION OF BALD AND GOLDEN EAGLES

16 USCS § 668 (2001)


Bald Eagle Protection Act

§ 668. Bald and golden eagles 

(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 hereinafter 
provided, 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  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 [Oct. 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 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 Act 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 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, next, 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. 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 Act 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.

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