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FWS Increases Penalties for Lacey Act and Endangered Species Violations
July 5, 2016

In a Federal Register Notice (FRN) published on June 28, 2016 U.S. Fish and Wildlife Service (Service or we) announced an interim rule has been issued revising the civil procedure regulations, which assess civil penalties when violations of laws or regulations have occurred. According to the notice, The Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 and the Office of Management and Budget (OMB) will, “adjust for inflation in the statutory civil monetary penalties that may be assessed for violations of Service-administered statutes and their implementing regulations.”

The adjustments to the penalties for Lacey Act and the Endangered Species Act are as follows:

  • Violation of section 1538: $49,467
  • Other knowing violation: $23,744
  • Any other violation: $1,250
  • Lacey Act Amendments of 1981 16 U.S.C. 3373(a)(1) violations: $25,000
  • 16 U.S.C. 3373 (a)(2) violations: $625

The interim rule will become effective July 28, 2016. The full notice, "Civil Penalties; Inflation Adjustments for Civil Monetary Penalties" can be read on the Federal Register.