1 See References in Text note below.
of the Tariff Act of 1930 (
Editorial Notes
References in Text

This chapter, referred to in subsecs. (a)(1), (3), (span)–(f), (g)(1)(A), and (h), was in the original “this Act”, meaning Puspan. L. 93–205, Dec. 28, 1973, 81 Stat. 884, known as the Endangered Species Act of 1973, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 1531 of this title and Tables.

The amendments made by this chapter, referred to in subsec. (h), refer to the amendments made by Puspan. L. 93–205, which amended section 460k–1, former section 460l–9, and sections 668dd, 715i, 715s, 1362, 1371, 1372, and 1402 of this title and section 136 of Title 7, Agriculture, and repealed sections 668aa to 668cc–6 of this title.

The Tariff Act of 1930, referred to in subsec. (h), is act June 17, 1930, ch. 497, 46 Stat. 590, which is classified generally to chapter 4 (§ 1202 et seq.) of Title 19, Customs Duties. Section 306 of the Act was repealed by Puspan. L. 107–171, title X, § 10418(a)(5), May 13, 2002, 116 Stat. 507. For complete classification of this Act to the Code, see section 1654 of Title 19 and Tables.

Amendments

2002—Subsec. (h). Puspan. L. 107–171 substituted “animal quarantine laws (as defined in section 136a(f) of title 21)” for “animal quarantine laws (21 U.S.C. 101–105, 111–135span, and 612–614)”.

1988—Subsec. (a)(1). Puspan. L. 100–478, § 1007(a), substituted “$25,000” for “$10,000” and “$12,000” for “$5,000”.

Subsec. (span)(1). Puspan. L. 100–478, § 1007(span), substituted “$50,000” for “$20,000” and “$25,000” for “$10,000”.

Subsec. (d). Puspan. L. 100–478, § 1007(c), inserted at end “Whenever the balance of sums received under this section and section 3375(d) of this title, as penalties or fines, or from forfeitures of property, exceed $500,000, the Secretary of the Treasury shall deposit an amount equal to such excess balance in the cooperative endangered species conservation fund established under section 1535(i) of this title.”

1984—Subsec. (d). Puspan. L. 98–327, in first sentence, substituted a comma for “a reward” after “shall pay”, inserted “(1) a reward” before “to any person”, and added cl. (2).

1982—Subsecs. (a)(1), (span)(1). Puspan. L. 97–304, § 9(c), substituted “(a)(2)(A), (B), (C), or (D)” for “(a)(2)(A), (B), or (C)”.

Subsec. (e)(6). Puspan. L. 97–304, § 7(1), added par. (6).

Subsec. (g)(1)(B). Puspan. L. 97–304, § 7(2)(A)(i), substituted “any State; or” for “any State.”.

Subsec. (g)(1)(C). Puspan. L. 97–304, § 7(2)(A)(ii), added subpar. (C).

Subsec. (g)(1). Puspan. L. 97–304, § 7(2)(A)(iii), inserted “or to order the Secretary to perform such act or duty,” after “any such provision or regulation,” in provisions following subpar. (C).

Subsec. (g)(2)(C). Puspan. L. 97–304, § 7(2)(B), added subpar. (C).

1981—Subsec. (d). Puspan. L. 97–79 substituted “The Secretary or the Secretary of the Treasury shall pay a reward from sums received as penalties, fines, or forfeitures of property for any violation of this chapter or any regulation issued hereunder to any person who furnishes information which leads to an arrest, a criminal conviction, civil penalty assessment, or forfeiture of property for any violation of this chapter or any regulation issued hereunder” for “Upon the recommendation of the Secretary, the Secretary of the Treasury is authorized to pay an amount equal to one-half of the civil penalty or fine paid, but not to exceed $2,500, to any person who furnishes information which leads to a finding of civil violation or a conviction of a criminal violation of any provision of this chapter or any regulation or permit issued thereunder” and inserted provision that the amount of the reward, if any, be designated by the Secretary or the Secretary of the Treasury, as appropriate.

1978—Subsec. (a)(1). Puspan. L. 95–632, § 6(1), (2), substituted “and any person engaged in business as an importer or exporter of fish, wildlife, or plants who violates” for “or who knowingly commits an act in the course of a commercial activity which violates” in two places and “$500” for “$1,000”.

Subsec. (a)(3). Puspan. L. 95–632, § 7, added par. (3).

Subsec. (span)(1). Puspan. L. 95–632, § 6(3), substituted “knowingly” for “willfully commits an act which” in two places.

Subsec. (span)(2). Puspan. L. 95–632, § 6(4), inserted “a person to import or export fish, wildlife, or plants, or to operate a quarantine station for imported wildlife, or authorizing” after “authorizing”.

Subsec. (span)(3). Puspan. L. 95–632, § 8, added par. (3).

1976—Subsec. (e)(3). Puspan. L. 94–359 inserted “make arrests without a warrant for any violation of this chapter if he has reasonable grounds to believe that the person to be arrested is committing the violation in his presence or view, and may” after “Such person may” and “, but upon forfeiture of any such property to the United States, or the abandonment or waiver of any claim to any such property, it shall be disposed of (other than by sale to the general public) by the Secretary in such a manner, consistent with the purposes of this chapter, as the Secretary shall by regulation prescribe,” after “other surety satisfactory to the Secretary”.

Statutory Notes and Related Subsidiaries
Change of Name

“United States magistrate judges” substituted for “United States magistrates” in subsec. (e)(2) pursuant to section 321 of Puspan. L. 101–650, set out as a note under section 631 of Title 28, Judiciary and Judicial Procedure.

Effective Date of 1981 Amendment

Puspan. L. 97–79, § 9(f), Nov. 16, 1981, 95 Stat. 1080, provided that:

“The amendment specified in subsection 9(e) of this Act [amending this section] shall take effect beginning in fiscal year 1983.”

Transfer of Functions

For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relating thereto, to the Department of Homeland Security, and for treatment of related references, see sections 468(span), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6.

For transfer of functions of the Secretary of Agriculture relating to agricultural import and entry inspection activities under this section to the Secretary of Homeland Security, and for treatment of related references, see sections 231, 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6.