--- kind: "section" citation: "16 U.S.C. § 4912" title: "16" title_heading: "Conservation" number: "4912" heading: "Penalties and regulations" release: "119-102" date: "2026-07-12" url: "https://uscodex.org/usc/16/4912" units: - "Chapter 69 — Wild Exotic Bird Conservation" --- # §4912. Penalties and regulations - (a) **Penalties—** - (1) **Civil penalties—** - (A) Any [person](/usc/16/4903.md?p=4) who knowingly violates, and any [person](/usc/16/4903.md?p=4) engaged in business as an importer of [exotic birds](/usc/16/4903.md?p=2) who violates, [section 4910(a)(1)](/usc/16/4910.md?p=a-1) or (2)[^1] of this title or any permit issued under [section 4911 of this title](/usc/16/4911.md) may be assessed a civil penalty by the [Secretary](/usc/16/4903.md?p=6) of not more than $25,000 for each [violation](/usc/16/620e.md?p=11). - (B) Any [person](/usc/16/4903.md?p=4) who knowingly violates, and any [person](/usc/16/4903.md?p=4) engaged in business as an importer of [exotic birds](/usc/16/4903.md?p=2) who violates, [section 4910(a)(3)](/usc/16/4910.md)[^2] of this title may be assessed a civil penalty by the [Secretary](/usc/16/4903.md?p=6) of not more than $12,000 for each such [violation](/usc/16/620e.md?p=11). - (C) Any [person](/usc/16/4903.md?p=4) who otherwise violates [section 4910(a) of this title](/usc/16/4910.md?p=a) or any permit issued under [section 4911 of this title](/usc/16/4911.md) may be assessed a civil penalty by the [Secretary](/usc/16/4903.md?p=6) of not more than $500 for each such [violation](/usc/16/620e.md?p=11). - (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) [[16 U.S.C. 1531](/usc/16/1531.md) et seq.], may be assessed and collected under [section 111(a)](/usc/16/111.md)[^3] of that Act [[16 U.S.C. 1540(a)](/usc/16/1540.md?p=a)]. - (2) **Criminal penalties—** - (A) Any [person](/usc/16/4903.md?p=4) who knowingly violates, and any [person](/usc/16/4903.md?p=4) engaged in business as an importer of [exotic birds](/usc/16/4903.md?p=2) who violates, [section 4910(a)(1)](/usc/16/4910.md?p=a-1) or (2)[^1] of this title or any permit issued under [section 4911 of this title](/usc/16/4911.md) shall be fined under [title 18](/usc/18.md) or imprisoned for not more than 2 years, or both. - (B) Any [person](/usc/16/4903.md?p=4) who knowingly violates [section 4910(a)(3)](/usc/16/4910.md)[^2] of this title shall be fined under [title 18](/usc/18.md), imprisoned not more than 6 months, or both. - (b) **District court jurisdiction—** The several district courts of the [United States](/usc/16/4903.md?p=8), including the courts enumerated in [section 460 of title 28](/usc/28/460.md), shall have jurisdiction over any action arising under this chapter. For the purposes of this chapter, American Samoa shall be included in the Judicial District of the District Court of the [United States](/usc/16/4903.md?p=8) for the District of Hawaii, and the [Trust](/usc/16/450ss–1.md?p=4) Territory of Palau and the Northern Marianas shall be included in the Judicial District of the District Court of the [United States](/usc/16/4903.md?p=8) for the District of Guam. - (c) **Other enforcement—** The [importation](/usc/16/4903.md?p=3) of an [exotic bird](/usc/16/4903.md?p=2) 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)](/usc/16/3372.md?p=a)). - (d) **Regulations—** The [Secretary](/usc/16/4903.md?p=6) shall prescribe regulations that are necessary and appropriate to carry out the purposes of this chapter. - (e) **Savings provisions—** The authority of the [Secretary](/usc/16/4903.md?p=6) under this chapter is in [addition](/usc/16/410r–5.md?p=c-2) to and shall not affect the authority of the [Secretary](/usc/16/4903.md?p=6) under the Endangered Species Act of 1973 ([16 U.S.C. 1531](/usc/16/1531.md) et seq.) or diminish the authority of the [Secretary](/usc/16/4903.md?p=6) under the Lacey Act Amendments of 1981 ([16 U.S.C. 3371](/usc/16/3371.md) et seq.). Nothing in this chapter shall be construed as repealing, superseding, or modifying any provision of Federal law. ## Footnotes [^1]: So in original. Probably should be section “4910(a)(1)(A) or (B)”. [^2]: So in original. Probably should be section “4910(a)(1)(C)”. [^3]: So in original. Probably should be section “11(a)”. ## Source credit (Pub. L. 102–440, title I, § 113, Oct. 23, 1992, 106 Stat. 2231.) ## Notes ### Editorial Notes ### References in Text Act of December 28, 1973, referred to in subsec. (a)(1)(D), and the Endangered Species Act of 1973, referred to in subsec. (e), are Pub. L. 93–205, Dec. 28, 1973, 87 Stat. 884, which is classified generally to chapter 35 (§ 1531 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 1531 of this title and Tables. The Lacey Act Amendments of 1981, referred to in subsec. (e), is Pub. L. 97–79, Nov. 16, 1981, 95 Stat. 1073, which is classified principally to chapter 53 (§ 3371 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 3371 of this title and Tables. ### Executive Documents ### Termination of Trust Territory For termination of Trust Territory of Palau and Northern Marianas, see note set out preceding section 1681 of Title 48, Territories and Insular Possessions.