(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).
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.
The civil monetary penalties provided by law within the jurisdiction of the U.S. Fish and Wildlife Service are adjusted as follows:
| Law
| Citation
| Type of violation
| Maximum
civil
monetary
penalty
|
|---|
| (a) African Elephant Conservation Act | 16 U.S.C. 4224(b) | Any violation | $12,799
|
| (b) Bald and Golden Eagle Protection Act | 16 U.S.C. 668(b) | Any violation | 16,170
|
| (c) Endangered Species Act of 1973 | 16 U.S.C. 1540(a)(1) | (1) Knowing violation of section 1538 | 63,991
|
| | | (2) Other knowing violation | 30,715
|
| | | (3) Any other violation | 1,617
|
| (d) Lacey Act Amendments of 1981 | 16 U.S.C. 3373(a) | (1) Violations referred to in 16 U.S.C. 3373(a)(1) | 32,341
|
| | | (2) Violations referred to in 16 U.S.C. 3373(a)(2) | 808
|
| (e) Marine Mammal Protection Act of 1972 | 16 U.S.C. 1375 | Any violation | 32,341
|
| (f) Recreational Hunting Safety Act of 1994 | 16 U.S.C. 5202(b) | (1) Violation involving use of force or violence or threatened use of force or violence | 20,579
|
| | | (2) Any other violation | 10,289
|
| (g) Rhinoceros and Tiger Conservation Act of 1998 | 16 U.S.C. 5305a(b)(2) | Any violation | 22,512
|
| (h) Wild Bird Conservation Act | 16 U.S.C. 4912(a)(1) | (1) Violation of section 4910(a)(1), section 4910(a)(2), or any permit issued under section 4911 | 54,243
|
| | | (2) Violation of section 4910(a)(3) | 26,035
|
| | | (3) Any other violation | 1,086 |
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.