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Wildlife Protection
Arizona Sets a Good Example
Arizona has a brochure called Operation Game Thief. It lists various
rewards for information on poachers of certain animals, birds and fish.
They pay rewards as follows:
$350 for Elk, Bighorn Sheep, Buffalo, and Bald Eagles. $250 for Deer,
Antelope, Bear, Turkey, Lion, and Javelina, or any critter on the
endangered species list
$50 to $150 for other species of wildlife and attendant acts of vandalism.
Other Rewards
In addition, several sportsmen's groups provide reward funds that allow
payments ranging from $50 to $1,000 in cases where, under State law,
Operation Game Thief is not able to pay. The rewards are, nevertheless, for
cases where the tip was originally provided through Operation Game Thief.
Decisions on these are made in consultation with the boards of member
organizations:
Operation Game Thief brochures are printed and distributed by Arizona
department of Game and Fish. The number to call for Arizona's Operation
Game Thief is 1-800-352-0700.
Most States have similar rewards, also under the name Game Thief, or
similar names, and sponsored by various organizations.
By the way, various places throughout California, Idaho, Nevada and Arizona
offer a $1,000 reward for information on poachers. I believe all States
have similar rewards, and almost every store that sells hunting and fishing
licenses probably know of a person, group, sheriff, or local DFG warden.
They can advise you if there are any rewards available. They'll also tell
you the number to call or person to contact. If all else fails, remember
WE-TIP. In California dial 1 (800) 78-CRIME, or outside of California dial
1 (800) 73-CRIME.
The following hotline numbers were noticed in The American Hunter, one of
the NRA's official publications. While they may or may not pay a reward, if
you just want to blow the whistle on poachers, here's the 800 numbers to
call:
Poaching Hotline Numbers
Help Stop Game Thieves! Use These Toll-Free 800 Numbers
(Note: all the following are to be preceded with 1-800)
Alabama 242-4263 Alaska 478-3377 Arizona 352-0700 Arkansas 482-9262
Califor 952-5400 Colorad 332-4155 Connect 842-4357 Delaware 292-3030
Fla NE 342-8105 Fla NW 342-1676 Fla Cen 342-9620 Everglds 432-2046
Fla Sou 282-8002 Georgia 241-4113 Hawaii 548-5918 Idaho 632-5999
Illinoi 252-0163 Indiana 847-4367 Iowa 532-2020 Kansas 228-4263
Kentuck 252-5378 Louisia 442-2511 Maine 253-7887 Maryland 635-6124
Massach 632-8075 Michign 292-7800 Minneso 652-9093 Mississi 237-6278
Missour 392-1111 Montana 847-6668 Nebrask 742-7627 Nevada 992-3030
New Ham 344-4262 New Jer 222-0456 New Mex 432-4263 New York 847-7332
N Carol 662-7137 N Dakot 472-2121 Ohio 762-2437 Oklahoma 522-8039
Oregon 452-7888 Penn NW 533-6764 Penn SW 243-8519 Pen NCen 422-7551
Pen SCen422-7554 Penn NE 228-0789 Penn SE 228-0791 Rhode Is 525-0770
S Carol 922-5431 S Dakot 592-5522 Tenness 255-8972 Texas 792-4263
Utah 662-3337 Vermont 752-5378 Virgini 237-5712 Washngtn 477-6224
W Virgin638-4263 Wiscons 847-9367 Wyoming 442-4331
Park Rangers Asked to Don Body Armor
"GRAND CANYON, Arizona - Skyrocketing crime in some of America's wilderness
vacation spots has compelled the National Park Service to urge rangers to
wear bulletproof vests.
Park Service officials say car thieves, drug smugglers and gangs flourish
in parks because the remote areas are difficult to patrol and tourists, who
believe the sites are immune to crime, take fewer precautions in protecting
their property.
Although crime statistics are sketchy, mounting incidents show park areas
are not immune from the worst of urban crime.
Last year park ranger Robert L. McGhee, 50, was shot to death after making
a traffic stop on a park road in Gulf Islands National Park in Mississippi.
In the past year, rangers shot two men to death in separate armed battles
at Lake Mead National Recreational Area near Las Vegas, Nevada.
Drugs have also played a part in park crime waves. A major drug smuggling
operation was uncovered in Big Bend National Park in Texas, and a
laboratory for the illegal drug methamphetamine was found in Joshua Tree
National Park in California. Remote areas on BLM land is often used to set
up drug factories, or to grow marijuana.
A pocketbook, "Outlaw" (The true story of Claude Dallas), by Jeff Long,
tells about a self-styled mountain man who lived off the land hunting and
trapping in the Idaho/Nevada/Oregon triangle (Owyhee region) in 1980.
Claude shot and killed two Department of Fish and Game wardens. He was
caught, prosecuted, went to prison, and escaped in 1986 and is still on the
loose, probably in the same area.
The book has a surprising statistic quoted, and a cautionary comment for
anyone considering being a game warden or a CrimeFighter specializing in
patrolling Parks and Forests:
"The Wyoming Fish and Game Department report showed that a game warden has
roughly SEVEN times the chance of getting shot at or threatened with a gun
as a regular police officer, and almost NINE times as great a chance of
dying if assaulted."
With those statistics, the Department of Fish and Game should up the ante
from $1,000 and make the reward $10,000 for the arrest of any poacher, and
lawmakers should upgrade poaching from a misdemeanor to a felony - to make
it commensurate with the increased seriousness and risk.
Canadians have similar problems. A recent Canadian TV program featured a
story about poachers in Quebec. It mentioned the increasing number of
incidents that have taken place in the last few years. Many game wardens
have been threatened, beaten, and hospitalized, or shot and killed by
poachers. Until recently, game wardens in Canada carried no firearms but
after the last incident mentioned on the TV show, where a game warden was
shot to death by a crossbow, the need for well-armed law enforcement
personnel in parks and forests as well as urban areas are now obvious and
recommended.
CrimeFighters (and campers, fishermen, etc.) are advised to have the means
to protect themselves in remote areas where there are few armed rangers to
provide them with protection. CrimeFighters on park patrols should likewise
carry a weapon for self defense in case they're discovered and a poacher
makes a life-threatening move against them.
When you decide to patrol a national forest or national park, stop at the
ranger station and read the park rules concerning weapons. If in doubt,
check with the ranger or game warden. Obey the posted rules.
Have a chat with the ranger first. He'll be more likely to believe you when
you call to report poaching or other illegal activity. When talking to the
ranger or game warden, ask for their telephone number or CB channel that
you can use to give them a call.
Patience is a Virtue (and a Necessity)
Stake-outs and covert surveillance require endless patience, That's an
accepted part of a lawman's job. The U.S. Customs or the Border Patrol
officers describe their job as "99% boredom, with 1% sheer terror."
CrimeFighters on stake-outs should remember that. If you keep a discreet
distance and not expose yourself to dangerous situations, you can avoid the
5% sheer terror. That way it might be 99% boredom and 1% joyful excitement.
The latter occurs when you obtain evidence resulting in an arrest and a
conviction and qualify for the rewards.
Remember: "... a game warden has roughly SEVEN times the chance of getting
shot at or threatened with a gun as a regular police officer, and almost
NINE times as great a chance of dying if assaulted."
Whenever possible, call the police or law enforcement agencies to make the
arrest. Keep a low profile. Never expose yourself to unnecessary physical
danger or lawsuits. If you're a full-time CrimeFighter, and in it mainly
for the money, don't jeopardize your life or bank account by sticking your
neck out. Your job is to supply the information to law enforcement agents.
Let a lawman make the arrest.
In addition to Fish and Game poachers, there's another type of poacher who
is even more dangerous: those who threaten the extinction of wildlife
listed as endangered species. There are Federal laws that offer rewards for
information leading to their arrest and conviction.
* * * * * *
The Law
The following law quotations are included for your convenience in case you
wanted the information. But reading them is slow and tedious. If you're not
interested in pursuing a career in wildlife law enforcement, use F9 to skip
the remainder of this chapter.
Conservation Reward Laws
16 USCS Section 668 Reward for information concerning violations of the
Protection of 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 do so as hereinafter provided, 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 Act, 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 the date of the enactment of this
provision (enacted Oct 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 golden eagle, alive or dead, or any part, nest, or egg thereof,
lawfully taken prior to the addition of this Act of the provisions relating
to the preservation of the golden eagle.
(b) Civil Penalties.
Whoever, within the United States or any place subject to the jurisdiction
thereof, without being permitted do so as hereinafter provided, 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 Act, 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 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 the
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."
* * * * * *
16 USCS Section 1371 - 1376, Reward for information on violation of Marine
Mammal Protection Act.
Section 1375 Penalties
(a)(1) Any person who violates any provision of this title or of any permit
or regulation issued thereunder may be assessed a civil penalty by the
Secretary of not more than $10,000 for each such violation. No penalty
shall be assessed unless such person is given notice and opportunity for a
hearing with respect to such violation. Each unlawful taking or importation
shall be a separate offense. Any such civil penalty may be remitted or
mitigated by the Secretary for good cause shown. Upon any failure to pay a
penalty assessed under this subsection, 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, resides, or
transacts business to collect the penalty and such court shall have
jurisdiction to hear and decide any such actions.
(2) In any case involving an alleged unlawful importation of a marine
mammal or marine mammal product, if such importation is made by an
individual for his own personal or family use (which does not include
importation as an accommodation to others or for sale or other commercial
use), the Secretary may, in lieu of instituting a proceeding under
paragraph (1), allow the individual to abandon the mammal or product under
procedures to be prescribed by the Secretary, to the enforcement officer at
the port of entry.
(b) Any person who knowingly violates any provision of this title or of any
permit or regulations issued thereunder shall, upon conviction, be fined
not more than $20,000 for each such violation, or imprisoned for not more
than one year, or both. (Oct 21, 1972 and amended on Oct 9, 1981)
Section 1376 Seizure and forfeiture of Cargo
(a) Application of consistent provisions.
Any vessel or other conveyance subject to the jurisdiction of the United
States that is employed in any manner in the unlawful taking of any marine
mammal shall have its entire cargo or the monetary value thereof subject to
the seizure and forfeiture. All provisions of law relating to the seizure,
judicial forfeiture, and condemnation of cargo for violation of the customs
laws, the disposition of such cargo, and the proceeds form the sale
thereof, and the remission or mitigation of any such forfeiture, shall
apply with respect to the cargo of any vessel or other conveyance seized in
connection with the unlawful taking of a marine mammal insofar as such
provisions of law are applicable and not inconsistent with the provisions
of this title.
(b) Penalties.
Any vessel subject to the jurisdiction of the United Sates that is employed
in any manner in the unlawful taking of any marine mammal shall be liable
for a civil penalty of not more than $25,000. Such penalty shall be
assessed by the district court of the United States having jurisdiction
over the vessel. Clearance of a vessel against which a penalty has been
assessed, from a port of the United Sates, may be withheld until such
penalty is paid, or until a bond or otherwise satisfactory surety is
posted. Such penalty shall constitute a maritime lien on such vessel which
may be recovered by action in rem in the district court of the United
States having jurisdiction over the vessel.
(c) Reward for information leading to conviction.
Upon the recommendation of the Secretary, the Secretary of the Treasury is
authorized to pay an amount equal to one-half of the fine incurred but not
to exceed $2,500 to any person who furnishes information which leads to a
conviction for a violation of this title. Any officer or employee of the
United States or of any State or local government who furnishes information
or renders service in the performance of his official duties shall not be
eligible for payment under this section.
* * * * * *
Comment: If any breach of law includes a felony, and the crime was based on
financial gain, RICO law may also apply. If that's possible, a CrimeFighter
should weigh the anticipated reward to be paid compared to what might be
gained by prosecution under RICO law where 50% of the fines and forfeitures
from civil and criminal suits may be obtained. Be the prosecutor when you
can to assure substantial rewards via fines and forfeitures, unless they
are expected to be minimal. In that case, let the Rangers do the
prosecution and apply for appropriate rewards.
* * * * **
16 USCS Section 1540. Reward for information leading to the arrest, a
criminal conviction, civil penalty assessment or forfeiture of property
concerning a violation of the Endangered Species Act.
Section 1540 Penalties and enforcement
(a) Civil Penalties.
Any person who knowingly violates, or who knowingly commits an act in the
course of a commercial activity which violates any provision of this Act,
or any provision of any permit or certificate issued hereunder, or any
regulation issued in order to implement subsection (a)(1)(A), (B), (C),
(D), (E), or (F),(a)(2)(A),(B), (C), or (D), (c), (d) (other than
regulation relating to record keeping or filing of reports), (f) or (g) of
section 9 of this Act may be assessed a civil penalty by the Secretary of
not more than $25,000 for each violation. Any person who knowingly
violates, and any person engaged in business as an importer or exporter of
fish, wildlife, or plants, who violates any provision of any other
regulation issued under this Act may be assessed a civil penalty by the
Secretary of not more than $12,000 for each such violation. Any person who
otherwise violates any other provision of this Act, or any regulation,
permit, or certificate issued hereunder, may be assessed a civil penalty by
the Secretary of not more than $500 for each violation. No penalty may be
assessed under this subsection unless such person is given notice and
opportunity for a hearing with respect to such violation. Each violation
shall be a separate offense. Any such civil penalty may be remitted or
mitigated by the Secretary. Upon any failure to pay a penalty assessed
under this subsection, 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, resides, or transacts business to
collect the penalty and such court shall have jurisdiction to hear and
decide such action. The court shall hear such action on the record made
before the Secretary and shall sustain his action if it is supported by
substantial evidence on the record considered as a whole.
(2) Hearings held during proceedings for the assessment of civil penalties
authorized by paragraph (1) of this subsection shall be be conducted in
accordance with section 554 of title 5, United States Code. The Secretary
may issue subpoenas for the attendance and testimony of witnesses and the
production of relevant papers, books, and documents, and administer oaths.
Witnesses summoned shall be paid the same fees and mileage that are paid to
witnesses in the courts of the United States. In case of contumacy or
refusal to obey a subpoena served upon any person pursuant to this
paragraph, the district court in which such person is found or resides or
transacts business, upon application by the United States and after notice
to such person, shall have jurisdiction to issue an order requiring such
person to appear and produce documents before the Secretary, or both, and
any failure to obey such order of the court may be punished by such court
as a contempt thereof.
(b) Criminal violations.
(1) Any person who knowingly violates any provision of this Act, of any
permit or certificate issued hereunder, or of any regulation issued in
order to implement subsection (a)(1)(A), (B), (C), (D),(E), or (F);
(a)(2)(A), (B), (C), or (D), (c), (d) (other than regulation relating to
record keeping or filing of reports), (f) or(g) of section 9 of this Act
shall upon conviction, be fined not more than $50,000 or imprisoned for not
more than one year, or both. Any person who knowingly violates any
provision of any other regulation issued under this Act shall, upon
conviction, be fined not more than $25,000 or imprisoned for not more than
six months, or both.
(2) The head of any Federal agency which has issued a lease, license,
permit, or other agreement authorizing a person to import or export fish,
wildlife, or plants, or to operate a quarantine station for imported
wildlife, or authorizing the use of Federal lands, including grazing of
domestic livestock, to any person who is convicted of a criminal violation
of this Act or any regulation, permit, or certificate issued hereunder may
immediately modify, suspend, or revoke such lease, license, permit, or
other agreement. The Secretary shall also suspend for a period of up to one
year, or cancel, any Federal hunting or fishing permits or stamps issued to
any person who is convicted of a criminal violation of any provision of
this Act or any regulation, permit, or certificate issued hereunder. The
United States shall not be liable for the payments of any compensation,
reimbursement, or damages in connection with the modification, suspension,
or revocation of any leases, licenses, permits, stamps, or other agreements
pursuant to this section.
(3) Notwithstanding any other provision of this Act, it shall be a defense
to prosecution under this subsection if the defendant committed the offense
based on good faith belief that he was acting to protect himself or
herself, a member of his or her family, or any other individual, from
bodily harm from any endangered or threatened species.
(c) District court jurisdiction.
The several district courts of the United States, including the courts
enumerated in section 460 of title 28, United States Code, shall have
jurisdiction over nay actions arising under this Act. For the purpose of
this Act, American Samoa shall be included within the judicial district of
the District Court of the United States for the District of Hawaii.
(d) Rewards and certain incidental expenses.
The Secretary or the Secretary of the Treasury shall pay, from sums
received as penalties, fines, or forfeitures of property for any violation
of this Act or any regulations issued hereunder
(1) a reward 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 Act or any regulation issued hereunder,
and
(2) the reasonable and necessary costs incurred by any person providing
temporary care for any fish, wildlife or plant pending the disposition of
any criminal proceeding alleging a violation of this Act with respect to
that fish, wildlife or plant. The amount of the reward, if any, is to be
designated by the Secretary or the Secretary of the Treasury, as
appropriate. Any officer or employee who furnishes information or renders
service in the performance of his official duties shall not be eligible for
payment under this section. Whenever the balance of sums received under
this section and section 3375(d) of the Act of November 16, 1981, as
penalties or fine, 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(d) of this Act.
(e) Enforcement.
(1) The provisions of this Act and any regulations or permits issued
pursuant thereto shall be enforced by the Secretary of the Treasury, or the
Secretary of the Department in which the Coast Guard is operating, or all
such Secretaries. Each such Secretary may utilize by agreement, with or
without reimbursement, the personnel, services, and facilities of any other
Federal agency or any State agency for purposes of enforcing this Act.
(2) The judges of the district courts of the United States and the United
States magistrates may, within their respective jurisdictions, upon proper
oath and affirmation showing probable cause, issue such warrants or other
process as may be required for enforcement of this Act and any regulations
issued thereunder.
(3) Any person authorized by the Secretary, the Secretary of the Treasury,
or the Secretary of the Department in which the Coast Guard is operating,
to enforce this Act may detain for inspection and inspect any package,
crate, or other container, including its contents, and all accompanying
documents, upon importation or exportation. Such person may make arrests
without a warrant for any violation of this Act if he has reasonable
grounds to believe that the person to be arrested is committing the
violation in his presence or view, and may execute and serve any arrest
warrant, search warrant, or other warrant or civil or criminal process
issued by any officer or court of competent jurisdiction for enforcement of
this Act. Such person so authorized may search and seize, with or without a
warrant, as authorized by law. Any fish, wildlife, property, or item so
seized shall be held by any person authorized by the Secretary, the
Secretary of the Treasury, or the Secretary of the Department in which the
Coast Guard is operating pending disposition of civil or criminal
proceedings, or the institution of an action in rem for forfeiture of such
fish, wildlife, property, or item, pursuant to paragraph (4) of this
subsection; except that the Secretary may, in lieu of holding such fish,
wildlife, property, or item, permit the owner or consignee to post a bond
or other surety satisfactory to the Secretary, but upon forfeiture of any
such property to the United States, or the abandonment or waiver of any
claim to any property, it shall be disposed of (other than sale to the
general public) by the Secretary in such a manner, consistent with the
purposes of this Act, as the Secretary shall by regulation prescribe.
(4)(A) All fish or wildlife or plants taken, possessed, sold, purchased,
offered for sale or purchase, transported, delivered, received, carried,
shipped, exported, or imported contrary to the provisions of this Act, any
regulations made pursuant thereto, or any permit or certificate issued
hereunder shall be subject to forfeiture to the United States.
(B) All guns, traps, nets and other equipment, vessels, vehicles, aircraft,
and other means of transportation used to aid the taking, possessing,
selling, purchasing, offering for sale or purchase, transporting,
delivering, receiving, carrying, shipping exporting or importing of any
fish or wildlife or plants in violation of this Act, any regulation made
pursuant thereto, or any permit or certificate issued thereunder shall be
subject to forfeiture to the United States upon conviction of a criminal
violation pursuant to subsection (b)(1) of this Act.
(5) 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 form the sale thereof, and the remission or
mitigation of such forfeiture, shall apply to the seizures and forfeitures
incurred or alleged to have been incurred, under the provisions of this
Act, insofar as such provisions of law are applicable and not inconsistent
with the provisions of this Act.; 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 Act, be
exercised or performed by the Secretary or by such persons as he may
designate.
(6) The Attorney General of the United States may seek to enjoin any person
who is alleged to be in violation of any provision of this Act or
regulations issued under authority thereof.
(f) Regulations. The Secretary, the Secretary of the Treasury, and the
Secretary of the Department in which the Coast Guard is operating, are
authorized to promulgate such regulations as may be appropriate to enforce
this Act, and charge reasonable fees for expenses to the Government
connected with permits or certificates authorized by this Act including
processing applications and reasonable inspections, and with the transfer,
board, handling, or storage of fish or wildlife or plants and evidentiary
items seized and forfeited under this Act. All such fees collected pursuant
to this subsection shall be deposited in the Treasury to the credit of the
appropriation which is current and chargeable for the cost of furnishing
the service. Appropriated funds may be expended pending the reimbursement
from parties in interest.
(g) Citizen suits.
(1) Except as provided in paragraph (2) of this subsection any person may
commence a civil suit on his own behalf -
(A) to enjoin any person, including the United States and any other
governmental instrumentality or agency (to the extent permitted by the
eleventh amendment to the constitution), who is alleged to be in violation
of any provision of this Act or regulation issued under the authority
thereof; or
(B) to compel the Secretary to apply, pursuant to section 1535(g)(2)(B)
(ii) of this Act, the prohibitions set forth in or authorized pursuant to
section 1533(d) or section 1538 (a)(1)(B) of this Act with respect to the
taking of any resident endangered species or threatened species within any
State; or
(C) against the Secretary where there is alleged a failure of the Secretary
to perform any Act or duty under section 1533 which is not discretionary
with the Secretary.
The district courts shall have jurisdiction, without regard to the amount
in controversy or the citizenship of the parties, to enforce any such
provision or regulation, or to order the Secretary to perform such act or
duty, as the case may be. In any civil suit commenced under subparagraph
(B) the district court shall compel the Secretary to to apply the
prohibition sought if the court finds that the allegation that an emergency
exists is supported by substantial evidence.
(2)(A) No action may be commenced under subparagraph (1)(A) of this section
-
(i) prior to sixty days after written notice of the violation has been
given to the Secretary, and to any alleged violator of any such provision
or regulation; (ii) if the Secretary has commenced action to impose a
penalty pursuant to subsection (a) of this section; or
(iii) if the United States has commenced and is diligently prosecuting a
criminal action in a court of the United States or a State to redress a
violation of any such provision or regulation.
B) No action may be commenced under subparagraph (1)(B) of this section-
(i) prior to sixty days after written notice has been given to the
Secretary setting forth the reasons why an emergency is thought to exist
with respect to an endangered species or a threatened species in the State
concerned; or
(ii) if the Secretary has commenced and is diligently prosecuting action
under section 1535 (g)(2)(B)(ii) to determine whether any such emergency
exists.
(C) No action may be commenced under subparagraph (1)(C) of this section
prior to sixty days after written notice has been given to the Secretary;
except that such action may be brought immediately after such notification
in the case of an action under this section respecting an emergency posing
a significant risk to the well-being of any species of fish or wildlife or
plants.
(3)(A) Any suit under this subsection may be brought in the judicial
district in which the violation occurs.
(B) In any such suit under this subsection in which the United States is
not a party, the Attorney General, at the request of the Secretary, may
intervene on behalf of the United States as a matter of right.
(4) The court, in issuing any final order in any suit brought pursuant to
paragraph (1) of this subsection, may award costs of litigation (including
reasonable attorney and expert witness fees) to any party, whenever the
court determines such award is appropriate.
(5) The injunctive relief provided by this subsection shall not restrict
any right which any person (or class of persons) may have under any statute
or common law to seek enforcement of any standard or limitation or to seek
any other relief (including relief against the Secretary or a State
agency).
(h) Coordination with other laws. The Secretary of Agriculture and the
Secretary shall provide for appropriate coordination of the administration
of this Act with the administration of the animal quarantine laws. Nothing
in this Act or any amendment made by this Act shall be construed as
superseding or limiting in any manner the functions of the Secretary of
Agriculture under any other law relating to prohibited or restricted
importations or possession of animals and other articles and no proceeding
or determination under this Act shall preclude any proceeding or be
considered determinative of any issue of fact or law in any proceeding
under any Act administered by the Secretary of Agriculture. Nothing in this
Act shall be construed as superseding or limiting in any manner the
functions and responsibilities of the secretary of the Treasury under the
Tariff Act of 1930 (19 USCS section 1527), relating to the importation of
wildlife taken, killed, possessed, or exported to the United States in
violation of the laws or regulations of a foreign country.
(Enacted Dec 28, 1973 and amended on July 12, 1976, Nov 10, 1978, Nov 16,
1981, Oct 13, 1982, and June 25, 1984.
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