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Title 50 Part 11 → Subpart D

Title 50 → Chapter I → Subchapter B → Part 11 → Subpart D

Electronic Code of Federal Regulations e-CFR

Title 50 Part 11 → Subpart D

e-CFR data is current as of January 23, 2020

Title 50Chapter ISubchapter BPart 11 → Subpart D


Title 50: Wildlife and Fisheries
PART 11—CIVIL PROCEDURES


Subpart D—Civil Monetary Penalty Inflation Adjustments


Contents
§11.31   Definitions.
§11.32   Purpose and scope.
§11.33   Adjustments to penalties.
§11.34   Subsequent adjustments.

Source: 81 FR 41865, June 28, 2016, unless otherwise noted.

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§11.31   Definitions.

(a) Civil monetary penalty means any penalty, fine, or other sanction that:

(1)(i) Is for a specific monetary amount as provided by Federal law; or

(ii) Has a maximum amount provided for by Federal law;

(2) Is assessed or enforced by an agency pursuant to Federal law; and

(3) Is assessed or enforced pursuant to an administrative proceeding or a civil action in the Federal courts.

(b) Inflation Adjustment Act means the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 (Pub. L. 114-74, November 2, 2015, 129 Stat. 584, 28 U.S.C. 2461 note).

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§11.32   Purpose and scope.

The purpose of this part is to make the inflation adjustment, described in and required by the Inflation Adjustment Act, of each civil monetary penalty provided by law within the jurisdiction of the U.S. Fish and Wildlife Service.

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§11.33   Adjustments to penalties.

The civil monetary penalties provided by law within the jurisdiction of the U.S. Fish and Wildlife Service are adjusted as follows:

LawCitationType of ViolationMaximum
civil
monetary
penalty
(a) African Elephant Conservation Act16 U.S.C. 4224(b)Any violation$10,519
(b) Bald and Golden Eagle Protection Act16 U.S.C. 668(b)Any violation13,291
(c) Endangered Species Act of 197316 U.S.C. 1540(a)(1)(1) Knowing violation of section 1538
(2) Other knowing violation
(3) Any other violation
52,596
25,246
1,329
(d) Lacey Act Amendments of 198116 U.S.C. 3373(a)(1) Violations referred to in 16 U.S.C. 3373(a)(1)26,582
   (2) Violations referred to in 16 U.S.C. 3373(a)(2).664
(e) Marine Mammal Protection Act of 197216 U.S.C. 1375Any violation26,582
(f) Recreational Hunting Safety Act of 199416 U.S.C. 5202(b)(1) Violation involving use of force or violence or threatened use of force or violence16,915
   (2) Any other violation8,457
(g) Rhinoceros and Tiger Conservation Act of 199816 U.S.C. 5305a(b)(2)Any violation18,504
(h) Wild Bird Conservation Act16 U.S.C. 4912(a)(1)(1) Violation of section 4910(a)(1), section 4910(a)(2), or any permit issued under section 491144,585
   (2) Violation of section 4910(a)(3)21,400
   (3) Any other violation892

[81 FR 41865, June 28, 2016, as amended at 82 FR 6308, Jan. 19, 2017; 83 FR 5951, Feb. 12, 2018; 84 FR 15526, Apr. 16, 2019]

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§11.34   Subsequent adjustments.

The Secretary of the Interior or his or her designee will, every year after August 1, 2016, make the inflation adjustment described in and required by the Inflation Adjustment Act of each civil monetary penalty provided by law and within the jurisdiction of the U.S. Fish and Wildlife Service. Each annual adjustment will be reflected in the table in §11.33.

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