<br />ENDANGERED SPECIES ACT OF 1973, Endangered Sp... 0025;3 S Page 37 of 44
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<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.
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<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.
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<br />(c) DISTRICT COURT JURISDICTION.-The several district courts of the United
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<br />http://www.fws.gov/-r9endspp/esa.html
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<br />9/30/97
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