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<br />002587 <br />ENDANGERED SPECIES ACT OF 1973, Endangered Sp... <br /> <br />Page 36 of 44 <br /> <br />continued existence of an endangered species or a threatened species. <br />(C) For the purposes of this Act, each member of an experimental population shall be <br />treated as a threatened species; except that- <br />(i) solely for purposes of section 7 (other than subsection (a)(1) thereof), an <br />experimental population determined under subparagraph (B) to be not essential to the <br />continued existence of a species shall be treated, except when it occurs in an area <br />within the National Wildlife Refuge System or the National Park System, as a species <br />proposed to be listed under section 4; and <br />(ii) critical habitat shall not be designated under this Act for any experimental <br />population determined under subparagraph (B) to be not essential to the continued <br />existence of a species. <br />(3) The Secretary, with respect to populations of endangered species or threatened <br />species that the Secretary authorized, before the date of the enactment of this <br />subsection, for release in geographical areas separate from the other populations of <br />such species, shall de- termine by regulation which of such populations are an <br />experimental population for the purposes of this subsection and whether or not each <br />is essential to the continued existence of an endangered species or a threatened <br />specIes. <br /> <br />PENALTIES AND ENFORCEMENT ^ <br /> <br />SEC. 11. <br />(a) CIVIL PENAL TIES.- <br />(I) Any person who knowingly violates, and any person engaged in business as an <br />importer or exporter of fish, wildlife, or plants who violates, any provision of this <br />Act, or any provision of any permit or certificate issued hereunder, or of any <br />regulation issued in order to implement subsection (a)(I)(A), (B), (C), (D), (E), or <br />(F), (a)(2)(A), (B), (C), or (D), (c), (d) (other than regulation relating to <br />recordkeeping or filing of reports), (f), or (g) of section 9 of this Act, may be assessed <br />a civil penalty by the Secretary of not more than $25,000 for each violation. Any <br />person who knowingly violates, and any person engaged in business as an importer or <br />exporter of fish, wildlife, or plants who violates, any pro- vision of any other <br />regulation issued under this Act may be assessed a civil penalty by the Secretary of <br />not more than $12,000 for each such violation. Any person who otherwise violates <br />any provision of this Act, or any regulation, permit, or certificate issued hereunder, <br />may be assessed a civil penalty by the Secretary of not more than $500 for each such <br />violation. No penalty may be assessed under this subsection unless such person is <br />given notice and opportunity for a hearing with respect to such violation. Each <br />violation shall be a separate offense. Any such civil penalty may be remitted or <br />mitigated by the Secretary. Upon any failure to pay a penalty assessed under this <br />subsection, the Secretary may request the Attorney General to institute a civil action <br />in a district court of the United States for any district in which such person is found, <br />resides, or transacts business to collect the penalty and such court shall have <br />jurisdiction to hear and decide any such action. The court shall hear such action on <br />the record made before the Secretary and shall sustain his action if it is supported by <br />substantial evidence on the record considered as a whole. <br />(2) Hearings held during proceedings for the assessment of civil penalties by <br /> <br />http://www.fws.gov/-r9endspp/esa.html <br /> <br />9/30/97 <br />