§49.400. What criminal penalties apply to violations of this part?
43 C.F.R. § 49.400
Anyone who, on or after March 30, 2009, knowingly commits or counsels, procures, solicits, or employs another person to commit a prohibited act identified in subpart D of this part will, upon conviction, be assessed:
Fines in accordance with 18 U.S.C. 641, 1361, 2314, and 1701, or imprisonment of up to 5 years, or both, if the sum of the scientific and commercial values of the paleontological resources involved and the cost of response, restoration, and repair of the resources and sites involved is more than $500; or
Fines in accordance with 18 U.S.C. 641, 1361, 2314, and 1701, or imprisonment of up to 2 years, or both, if the sum of the scientific and commercial values of the paleontological resources involved and the cost of response, restoration, and repair of the resources and sites involved is $500 or less.
Scientific and commercial values and the cost of response, restoration, and repair are determined in accordance with subpart G of this part.
In the case of a second or subsequent violation by the same person, the amount of the penalties assessed under this subpart may be doubled.
To the extent that a prohibited act under this subpart involves a violation of other applicable law, the violator may be subject to additional criminal penalties.
Notes, amendments, and revision history
Authority
Authority: 16 U.S.C. 470aaa-aaa-11.
Source
Source: 87 FR 47319, Aug. 2, 2022, unless otherwise noted.