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<br />ENDANGERED SPECIES ACT OF 1973, Endangered Sp... 0025;3 S Page 37 of 44 <br /> <br />paragraph (I) of this subsection shall be conducted in accordance with section 554 of <br />title 5, United States Code. The Secretary may issue subpoenas for the attendance and <br />testimony of witnesses and the production of relevant papers, books, and documents, <br />and administer oaths. Witnesses summoned shall be paid the same fees and mileage <br />that are paid to witnesses in the courts of the United States. In case of contumacy or <br />refusal to obey a sub- poena served upon any person pursuant to this paragraph, the <br />district court of the United States for any district in which such person is found or <br />resides or transacts business, upon application by the United States and after notice to <br />such person, shall have jurisdiction to issue an order requiring such person to appear <br />and give testimony before the Secretary or to appear and produce documents before <br />the Secretary, or both, and any failure to obey such order of the court may be <br />punished by such court as a contempt thereof. <br />(3) Notwithstanding any other provision of this Act, no civil penalty shall be imposed <br />ifit can be shown by a preponderance of the evidence that the defendant committed <br />an act based on a good faith belief that he was acting to protect himself or herself, a <br />member of his or her family, or any other individual from bodily harm, from any <br />endangered or threatened species. <br /> <br />(b) CRIMINAL VIOLATIONS.- <br />(I) Any person who knowingly violates any provision of this Act, of any permit or <br />certificate issued hereunder, or of any regulation issued in order to implement <br />subsection (a)(1)(A), (B), (C), (D), (E), or (F); (a)(2)(A), (B), (C), or (D), (c), (d) <br />(other than a regulation relating to recordkeeping, or filing of reports), (f), or (g) of <br />section 9 of this Act shall, upon conviction, be fined not more than $50,000 or <br />imprisoned for not more than one year, or both. Any person who knowingly violates <br />any provision of any other regulation issued under this Act shall, upon conviction, be <br />fined not more than $25,000 or imprisoned for not more than six months, or both. <br />(2) The head of any Federal agency which has issued a lease, license, permit, or other <br />agreement authorizing a person to import or export fish, wildlife, or plants, or to <br />operate a quarantine station for imported wildlife, or authorizing the use of Federal <br />lands, including grazing of domestic livestock, to any person who is convicted of a <br />criminal violation of this Act or any regulation, permit, or certificate issued hereunder <br />may immediately modify, suspend, or revoke each lease, license, permit, or other <br />agreement. The Secretary shall also suspend for a period of up to one year, or cancel, <br />any Federal hunting or fishing permits or stamps issued to any person who is <br />convicted of a criminal violation of any provision of this Act or any regulation, <br />permit, or certificate issued hereunder. The United States shall not be liable for the <br />payments of any compensation, reimbursement, or damages in connection with the <br />modification, suspension, or revocation of any leases, licenses permits stamps, or <br />other agreements pursuant to this section. <br />(3) Notwithstanding any other provision of this Act, it shall be a defense to <br />prosecution under this subsection if the defendant committed the offense based on a <br />good faith belief that he was acting to protect himself or herself, a member of his or <br />her family, or any other individual, from bodily harm from any endangered or <br />threatened species. <br /> <br />(c) DISTRICT COURT JURISDICTION.-The several district courts of the United <br /> <br />http://www.fws.gov/-r9endspp/esa.html <br /> <br />9/30/97 <br />