Environmental Laws

16 USC 18 16 USC 19jj 16 USC 703-712 16 USC 1361-1407 16 USC 1531-1543 16 USC 3371-3378 33 USC 1251 33 USC 2701-2761 42 USC 6901 42 USC 7401 42 USC 9601 Migratory Bird Hunting and Conservation Stamp Act Park System Resource Protection Act (Civil restitution of damages to park lands) Migratory Bird Treaty Act Marine Mammal Protection Act Endangered Species Act Lacey Act Clean Water Act Oil Pollution Act Resource Conservation & Recovery Act (Hazardous Waste cradle to grave) Clean Air Act Comprehensive Environmental Response, Compensation and Liability Act (Joins w/ RCRA to provide wrap around coverage for hazardous waste. Covers all (air, surface & ground water, soil) environmental media.)

16 United States Code

(NCIC) 198c Killing, wounding, or capturing wildlife Misdemeanor: 6 months/$5,000 All hunting or the killing, wounding, or capturing at any time of any wild bird or animal, except dangerous 77-00-00 animals when it is necessary to prevent them from destroying human lives or inflicting personal injury, is 77-20-00 prohibited within the limits of said park, nor shall any fish be taken out of the waters of the park in any other 77-30-00 way than by hook and line, and then only at such seasons and in such times and manner as may be directed by the Secretary of the Interior. That the Secretary of the Interior shall make and publish such general rules and regulations as he may deem necessary and proper for the management and care of the park and for the protection of the property therein, especially for the preservation from injury or spoliation of all timber, natural curiosities, or wonderful objects within said park, and for the protection of the animals and birds in the park from capture or destruction, and to prevent their being frightened or driven from the park; and he shall make rules and regulations governing the taking of fish from the streams or lakes in the park. Possession within said park of the dead bodies or any part thereof, of any wild bird or animal shall be prima facie evidence that the person or persons having the same are guilty of violating this Act. Any person or persons, or stage or express company, or railway company, who knows or has reason to believe that they were taken or killed contrary to the provisions of this Act and who receives for transportation any of said animals, birds, or fish so killed, caught, or taken, or who shall violate any of the provisions of this Act or any rule or regulation that may be promulgated by the Secretary of the Interior with reference to the management and care of the park or for the protection of the property therein, for the preservation from injury or spoliation of timber, natural curiosities, or wonderful objects within said park, or for the protection of the animals, birds, or fish in the park, or who shall within said park commit any damage, injury, or spoliation to or upon any building, fence, hedge, gate, guidepost, tree, wood, underwood, timber, garden, crops, vegetables, plants, land, springs, natural curiosities, or other matter or thing growing or being thereon or situated therein, shall be deemed guilty of a misdemeanor and shall be subject to a fine of not more than $500 or imprisonment not exceeding six months, or both, and be adjudged to pay all costs of the proceedings. Associated Crimes: Hunting Wildlife: 18 USC 41 Vandalism: 36 CFR 2.31 Illegally taken fish and wildlife: 16 USC 3372 Wildlife protection: 36 CFR 2.2 198d Forfeiture of property used in commission of offenses All guns, traps, teams, horses, or means of transportation of every nature or description used by any person or persons within said park limits when engaged in killing, trapping, ensnaring, or capturing such wild beasts, birds, or animals shall be forfeited to the United States, and may be seized by the officers in said park and held pending the prosecution of any person or persons arrested under charge of violating the provisions of this Act, and upon conviction under this Act of such person or persons using said guns, traps, teams, horses, or other means of transportation, such forfeiture shall be adjudicated as a penalty in addition to the other punishment provided in this Act. Such forfeited property shall be disposed of and accounted for by and under the authority of the Secretary of the Interior.

77-00-00 77-20-00 77-30-00

433 American Antiquities Petty Offense: 90 days/$5,000 (2903) Any person who shall appropriate, excavate, injure, or destroy any historic or prehistoric ruin or monument, or 06-01-00

any object of antiquity, situated on lands owned or controlled by the Government of the United States, without the permission of the Secretary of the Department of the Government having jurisdiction over the lands on which said antiquities are situated, shall, upon conviction, be fined in a sum of not more than $500 or be imprisoned for a period of not more than ninety days, or shall suffer both fine and imprisonment, in the discretion of the court. Associated Crimes: Preservation of archaeological resources: 36 CFR 2.1

06-02-00 06-03-00 06-09-00 14-92-00 14-93-00 21-10-00 21-20-00

Trafficking in Native American remains: 18 USC 1170

470ee Archaeological Resources Protection Act Misdemeanor: 1 year/$10,000 a Unauthorized excavation, removal, damage, alteration, or defacement of archaeological resources 06-01-00 No person may excavate, remove, damage, or otherwise alter or deface, or attempt to excavate, remove, 06-02-00 damage, or otherwise alter or deface any archaeological resource located on public lands or Indian lands 06-03-00 unless such activity is pursuant to a permit issued under section 470cc of this title, a permit referred to in 06-09-00 section 470cc (h)(2) of this title, or the exemption contained in section 470cc (g)(1) of this title. 14-92-00 b Trafficking in archaeological resources the excavation or removal of which was wrongful under Federal law. 14-93-00 No person may sell, purchase, exchange, transport, receive, or offer to sell, purchase, or exchange any 21-10-00 archaeological resource if such resource was excavated or removed from public lands or Indian lands in 21-20-00 violation of 1 the prohibition contained in subsection (a) of this section, or 2 any provision, rule, regulation, ordinance, or permit in effect under any other provision of Federal law. c Trafficking in interstate or foreign commerce in archaeological resources the excavation, removal, sale, purchase, exchange, transportation or receipt of which was wrongful under State or local law No person may sell, purchase, exchange, transport, receive, or offer to sell, purchase, or exchange, in interstate or foreign commerce, any archaeological resource excavated, removed, sold, purchased, exchanged, transported, or received in violation of any provision, rule, regulation, ordinance, or permit in effect under State or local law. d Penalties: Any person who knowingly violates, or counsels, procures, solicits, or employs any other person to violate, any prohibition contained in subsection (a), (b), or (c) of this section shall, upon conviction, be fined not more than $10,000 or imprisoned not more than one year, or both: Provided, however, That if the commercial or archaeological value of the archaeological resources involved and the cost of restoration and repair of such resources exceeds the sum of $500, such person shall be fined not more than $20,000 or imprisoned not more than two years, or both. In the case of a second or subsequent such violation upon conviction such person shall be fined not more than $100,000, or imprisoned not more than five years, or both. g Removal of arrowheads located on ground surface Nothing in subsection (d) of this section shall be deemed applicable to any person with respect to the removal of arrowheads located on the surface of the ground. Note: If restoration and repair costs exceed $500 the violation escalates to a felony with a sentence of 2 years and/or $20,000 fine. Associated Crimes: Antiquities Act: 16 USC 433 668 Bald and Golden Eagles Misdemeanor: 1 year/$5,000 (6201) a Prohibited acts; criminal penalties 77-00-00 Whoever, within the United States or any place subject to the jurisdiction thereof, without being permitted to 77-20-00 do so as provided in this subchapter, shall knowingly, or with wanton disregard for the consequences of his 77-30-00 act take, possess, sell, purchase, barter, offer to sell, purchase or barter, transport, export or import, at any 53-41-00 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 Secretarys 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. 703 Taking, Killing, or Possessing Migratory Birds Unlawful Misdemeanor: 6 months/$500 (6201) a Unless and except as permitted by regulations made as hereinafter provided in this subchapter, it shall be 77-00-00 unlawful at any time, by any means or in any manner, to pursue, hunt, take, capture, kill, attempt to take, 77-20-00 capture, or kill, possess, offer for sale, sell, offer to barter, barter, offer to purchase, purchase, deliver for 77-30-00 shipment, ship, export, import, cause to be shipped, exported, or imported, deliver for transportation, transport or cause to be transported, carry or cause to be carried, or receive for shipment, transportation, carriage, or export, any migratory bird, any part, nest, or eggs of any such bird, or any product, whether or not manufactured, which consists, or is composed in whole or part, of any such bird or any part, nest, or egg thereof, included in the terms of the conventions between the United States and Great Britain for the protection of migratory birds concluded August 16, 1916 (39 Stat. 1702), the United States and the United Mexican States for the protection of migratory birds and game mammals concluded February 7, 1936, the United States and the Government of Japan for the protection of migratory birds and birds in danger of extinction, and their environment concluded March 4, 1972 [1] and the convention between the United States and the Union of Soviet Socialist Republics for the conservation of migratory birds and their environments concluded November 19, 1976. b Limitation on application to introduced species 1 This subchapter applies only to migratory bird species that are native to the United States or its territories. 2A Subject to subparagraph (B), in this subsection the term native to the United States or its territories means occurring in the United States or its territories as the result of natural biological or ecological processes. 2B Treatment of introduced species - For purposes of paragraph (1), a migratory bird species that occurs in the United States or its territories solely as a result of intentional or unintentional human-assisted introduction shall not be considered native to the United States or its territories unless i it was native to the United States or its territories and extant in 1918; ii it was extirpated after 1918 throughout its range in the United States and its territories; and iii after such extirpation, it was reintroduced in the United States or its territories as a part of a program carried out by a Federal agency. Note: If the violator sells, attempts to sell, barters or offers to barter any migratory bird, the punishment increases to a felony with a sentence of 2 years and/or $2,000. 742j-1 Airborne Hunting Misdemeanor: 1 year/$5,000 (6201) a Any person who 1 while airborne in an aircraft shoots or attempts to shoot for the purpose of capturing or killing any bird, fish, or other

c e

animal; or uses an aircraft to harass any bird, fish, or other animal; or knowingly participates in using an aircraft for any purpose referred to in paragraph (1) or (2); shall be fined not more than $5,000 or imprisoned not more than one year, or both. As used in this section, the term aircraft means any contrivance used for flight in the air. Forfeiture - All birds, fish, or other animals shot or captured contrary to the provisions of this section, or of any regulation issued hereunder, and all guns, aircraft, and other equipment used to aid in the shooting, attempting to shoot, capturing, or harassing of any bird, fish, or other animal in violation of this section or of any regulation issued hereunder shall be subject to forfeiture to the United States. Certain customs laws applied - All provisions of law relating to the seizure, forfeiture, and condemnation of a vessel for violation of the customs laws, the disposition of such vessel or the proceeds from the sale thereof, and the remission or mitigation of such forfeitures, shall apply to the seizures and forfeitures incurred, or alleged to have been incurred, under the provisions of this section, insofar as such provisions of law are applicable and not inconsistent with the provisions of this section; except that all powers, rights, and duties conferred or imposed by the customs laws upon any officer or employee of the Treasury Department shall, for the purposes of this section, be exercised or performed by the Secretary of the Interior or by such persons as he may designate. 2 3

3371 Lacey Act Definitions a The term fish or wildlife means any wild animal, whether alive or dead, including without limitation any wild mammal, bird, reptile, amphibian, fish, mollusk, crustacean, arthropod, coelenterate, or other invertebrate, whether or not bred, hatched, or born in captivity, and includes any part, product, egg, or offspring thereof. b The term import means to land on, bring into, or introduce into, any place subject to the jurisdiction of the United States, whether or not such landing, bringing, or introduction constitutes an importation within the meaning of the customs laws of the United States. c The term Indian tribal law means any regulation of, or other rule of conduct enforceable by, any Indian tribe, band, or group but only to the extent that the regulation or rule applies within Indian country as defined in section 1151 of title 18. d The terms law, treaty, regulation, and Indian tribal law mean laws, treaties, regulations or Indian tribal laws which regulate the taking, possession, importation, exportation, transportation, or sale of fish or wildlife or plants. e The term person includes any individual, partnership, association, corporation, trust, or any officer, employee, agent, department, or instrumentality of the Federal Government or of any State or political subdivision thereof, or any other entity subject to the jurisdiction of the United States. f Plant. 1 In general. The terms plant and plants mean any wild member of the plant kingdom, including roots, seeds, parts, or products thereof, and including trees from either natural or planted forest stands. 2 Exclusions. The terms plant and plants exclude A common cultivars, except trees, and common food crops (including roots, seeds, parts, or products thereof); B a scientific specimen of plant genetic material (including roots, seeds, germplasm, parts, or products thereof) that is to be used only for laboratory or field research; and C any plant that is to remain planted or to be planted or replanted. 3 Exceptions to application of exclusions. The exclusions made by subparagraphs (B) and (C) of paragraph (2) do not apply if the plant is listed A in an appendix to the Convention on International Trade in Endangered Species of Wild Fauna and Flora (27 UST 1087; TIAS 8249); B as an endangered or threatened species under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.); or C pursuant to any State law that provides for the conservation of species that are indigenous to the State and are threatened with extinction. g Prohibited Wildlife Species. The term prohibited wildlife species means any live species of lion, tiger, leopard, cheetah, jaguar, or cougar or any hybrid of such species. h The term Secretary means, except as otherwise provided in this chapter, the Secretary of the Interior or the Secretary of Commerce, as program responsibilities are vested pursuant to the provisions of Reorganization Plan Numbered 4 of 1970 (84 Stat. 2090); except that with respect to the provisions of this chapter which pertain to the importation or exportation of plants, the term also means the Secretary of Agriculture. i The term State means any of the several States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, Northern Mariana Islands, American Samoa, and any other territory, commonwealth, or possession of the United States. j Taken and Taking. 1 Taken. The term taken means captured, killed, or collected and, with respect to a plant, also means harvested, cut, logged, or removed.

2 Taking. The term taking means the act by which fish, wildlife, or plants are taken. k The term transport means to move, convey, carry, or ship by any means, or to deliver or receive for the purpose of movement, conveyance, carriage, or shipment. 3372 Lacey Act: Illegally taken fish and wildlife Misdemeanor: 1 year/$100,000 (77-30-00) (6299) a Offenses other than marking offenses - It is unlawful for any person: 1 to import, export, transport, sell, receive, acquire, or purchase any fish or wildlife or plant taken, possessed, transported, or sold in violation of any law, treaty, or regulation of the United States or in violation of any Indian tribal law; 2 to import, export, transport, sell, receive, acquire, or purchase in interstate or foreign commerce A any fish or wildlife taken, possessed, transported, or sold in violation of any law or regulation of any State or in violation of any foreign law; B any plant (i) taken, possessed, transported, or sold in violation of any law or regulation of any State, or any foreign law, that protects plants or that regulates (I) the theft of plants; (II) the taking of plants from a park, forest reserve, or other officially protected area; (III) the taking of plants from an officially designated area; or (IV) the taking of plants without, or contrary to, required authorization; (ii) taken, possessed, transported, or sold without the payment of appropriate royalties, taxes, or stumpage fees required for the plant by any law or regulation of any State or any foreign law; or (iii) taken, possessed, transported, or sold in violation of any limitation under any law or regulation of any State, or under any foreign law, governing the export or transshipment of plants; or C any prohibited wildlife species (subject to subsection (e) of this section); 3 within the special maritime and territorial jurisdiction of the United States (as defined in section 7 of title 18) A to possess any fish or wildlife taken, possessed, transported, or sold in violation of any law or regulation of any State or in violation of any foreign law or Indian tribal law, or B to possess any plant (i) taken, possessed, transported, or sold in violation of any law or regulation of any State, or any foreign law, that protects plants or that regulates (I) the theft of plants; (II) the taking of plants from a park, forest reserve, or other officially protected area; (III) the taking of plants from an officially designated area; or (IV) the taking of plants without, or contrary to, required authorization; (ii) taken, possessed, transported, or sold without the payment of appropriate royalties, taxes, or stumpage fees required for the plant by any law or regulation of any State or any foreign law; or (iii) taken, possessed, transported, or sold in violation of any limitation under any law or regulation of any State, or under any foreign law, governing the export or transshipment of plants; or 4 to attempt to commit any act described in paragraphs (1) through (3). b Marking offenses - It is unlawful for any person to import, export, or transport in interstate commerce any container or package containing any fish or wildlife unless the container or package has previously been plainly marked, labeled, or tagged in accordance with the regulations issued pursuant to paragraph (2) of section 3376 (a) of this title. c Sale and purchase of guiding and outfitting services and invalid licenses and permits 1 Sale - It is deemed to be a sale of fish or wildlife in violation of this chapter for a person for money or other consideration to offer or provide A guiding, outfitting, or other services; or B a hunting or fishing license or permit; for the illegal taking, acquiring, receiving, transporting, or possessing of fish or wildlife. 2 Purchase - It is deemed to be a purchase of fish or wildlife in violation of this chapter for a person to obtain for money or other consideration A guiding, outfitting, or other services; or B a hunting or fishing license or permit; for the illegal taking, acquiring, receiving, transporting, or possessing of fish or wildlife. d False labeling offenses - It is unlawful for any person to make or submit any false record, account, or label for, or any false identification of, any fish, wildlife, or plant which has been, or is intended to be 1 imported, exported, transported, sold, purchased, or received from any foreign country; or 2 transported in interstate or foreign commerce. Note: Acts involving importing, exporting, selling and purchasing wildlife or plants with a market value in excess of $350 amounts to a felony with a sentence of 5 years and/or a fine of $20,000. A civil penalty may be assessed of not more than $10,000 for each

violation. Associated Crime: Hunting, fishing, and trapping: 18 USC 41 Wildlife protection: 36 CFR 2.2