
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 16USC668]

 
                         TITLE 16--CONSERVATION
 
           CHAPTER 5A--PROTECTION AND CONSERVATION OF WILDLIFE
 
           SUBCHAPTER II--PROTECTION OF BALD AND GOLDEN EAGLES
 
Sec. 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 provided in 
this subchapter, 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 subchapter, 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 October 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 to 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 subchapter 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 subchapter, 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 subchapter, 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 
subchapter 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.

(June 8, 1940, ch. 278, Sec. 1, 54 Stat. 250; Pub. L. 86-70, Sec. 14, 
June 25, 1959, 73 Stat. 143; Pub. L. 87-884, Oct. 24, 1962, 76 Stat. 
1246; Pub. L. 92-535, Sec. 1, Oct. 23, 1972, 86 Stat. 1064.)

                       References in Text

    Prior to the addition to this subchapter of the provisions relating 
to preservation of the golden eagle, referred to in subsec. (a), means 
prior to Oct. 24, 1962, the date such provisions were enacted by Pub. L. 
87-884 as an amendment of this section and section 668a of this title.


                               Amendments

    1972--Pub. L. 92-535 designated existing provisions as subsec. (a), 
substituted ``shall knowingly, or with wanton disregard for the 
consequences of his act take'' for ``shall take'', increased fine and 
imprisonment terms from $500 or six months to $5,000 or one year, and 
inserted provisions that a second conviction carry a penalty of $10,000 
fine or imprisonment of not more than two years, that each taking 
constitute a separate offense, and that informers be rewarded one-half 
of the fine not exceeding $2,500, and added subsecs. (b) and (c).
    1962--Pub. L. 87-884 extended prohibitions against the enumerated 
acts to the golden eagle and changed proviso by substituting ``bald 
eagle'', ``June 8, 1940'' and ``and that nothing in said sections 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 said sections of the provisions relating to 
preservation of the golden eagle'' for ``such eagle,'' ``the effective 
date of said sections'' and ``but the proof of such taking shall lie 
upon the accused in any prosecution under said sections'', respectively.
    1959--Pub. L. 86-70 struck out ``except the Territory of Alaska,'' 
after ``subject to the jurisdiction thereof,''.

                          Transfer of Functions

    Enforcement functions of Secretary or other official in Department 
of the Interior related to compliance with this subchapter with respect 
to pre-construction, construction, and initial operation of 
transportation system for Canadian and Alaskan natural gas transferred 
to Federal Inspector, Office of Federal Inspector for Alaska Natural Gas 
Transportation System, until first anniversary of date of initial 
operation of Alaska Natural Gas Transportation System, see Reorg. Plan 
No. 1 of 1979, Secs. 102(e), 203(a), 44 F.R. 33663, 33666, 93 Stat. 
1373, 1376, effective July 1, 1979, set out in the Appendix to Title 5, 
Government Organization and Employees. Office of Federal Inspector for 
the Alaska Natural Gas Transportation System abolished and functions and 
authority vested in Inspector transferred to Secretary of Energy by 
section 3012(b) of Pub. L. 102-486, set out as an Abolition of Office of 
Federal Inspector note under section 719e of Title 15, Commerce and 
Trade.


                           Legislative Intent

    Enacting clause of act June 8, 1940, provided:
    ``Whereas the Continental Congress in 1782 adopted the bald eagle as 
the national symbol; and
    ``Whereas the bald eagle thus became the symbolic representation of 
a new nation under a new government in a new world; and
    ``Whereas by that act of Congress and by tradition and custom during 
the life of this Nation, the bald eagle is no longer a mere bird of 
biological interest but a symbol of the American ideals of freedom; and
    ``Whereas the bald eagle is now threatened with extinction: 
Therefore
    ``Be it enacted * * *'', etc.
