---
kind: "section"
citation: "43 C.F.R. § 49.400"
title: "43"
number: "49.400"
heading: "What criminal penalties apply to violations of this part?"
url: "https://uscodex.org/cfr/43/49.400"
---

# §49.400. What criminal penalties apply to violations of this part?

- (a) 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](/cfr/43/subpartD.md) of this part will, upon conviction, be assessed:
  - (1) Fines in accordance with 18 U.S.C. [641](/usc/18/641.md), [1361](/usc/18/1361.md), [2314](/usc/18/2314.md), and [1701](/usc/18/1701.md), 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
  - (2) Fines in accordance with 18 U.S.C. [641](/usc/18/641.md), [1361](/usc/18/1361.md), [2314](/usc/18/2314.md), and [1701](/usc/18/1701.md), 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.
- (b) Scientific and commercial values and the cost of response, restoration, and repair are determined in accordance with subpart G of this part.
- (c) 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.
- (d) 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

### Authority

Authority: 16 U.S.C. 470aaa-aaa-11.

### Source

Source: 87 FR 47319, Aug. 2, 2022, unless otherwise noted.