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16 USC CHAPTER 72 - RECREATIONAL HUNTING SAFETY 01/06/03

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TITLE 16 - CONSERVATION

CHAPTER 72 - RECREATIONAL HUNTING SAFETY

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CHAPTER 72 - RECREATIONAL HUNTING SAFETY

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Sec.

5201. Obstruction of a lawful hunt.

5202. Civil penalties.

(a) In general.

(b) Computation of penalty.

(c) Relationship to other penalties.

(d) Procedure.

(e) Use of penalty money collected.

5203. Other relief.

5204. Relationship to State and local law and civil actions.

5205. Regulations.

5206. Rule of construction.

5207. Definitions.

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16 USC Sec. 5201 01/06/03

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TITLE 16 - CONSERVATION

CHAPTER 72 - RECREATIONAL HUNTING SAFETY

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Sec. 5201. Obstruction of a lawful hunt

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It is a violation of this section intentionally to engage in any

physical conduct that significantly hinders a lawful hunt.

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(Pub. L. 103-322, title XXXII, Sec. 320802, Sept. 13, 1994, 108

Stat. 2121.)

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SHORT TITLE

Section 320801 of title XXXII of Pub. L. 103-322 provided that:

''This subtitle (subtitle H (Sec. 320801-320808) of title XXXII of

Pub. L. 103-322, enacting this chapter) may be cited as the

'Recreational Hunting Safety and Preservation Act of 1994'.''

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SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 5202, 5203 of this title.

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16 USC Sec. 5202 01/06/03

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TITLE 16 - CONSERVATION

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Sec. 5202. Civil penalties

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(a) In general

A person who violates section 5201 of this title shall be

assessed a civil penalty in an amount computed under subsection (b)

of this section.

(b) Computation of penalty

The penalty shall be -

(1) not more than $10,000, if the violation involved the use of

force or violence, or the threatened use of force or violence,

against the person or property of another person; and

(2) not more than $5,000 for any other violation.

(c) Relationship to other penalties

The penalties established by this section shall be in addition to

other criminal or civil penalties that may be levied against the

person as a result of an activity in violation of section 5201 of

this title.

(d) Procedure

Upon receipt of -

(1) a written complaint from an officer, employee, or agent of

the Forest Service, Bureau of Land Management, National Park

Service, United States Fish and Wildlife Service, or other

Federal agency that a person violated section 5201 of this title;

or

(2) a sworn affidavit from an individual and a determination by

the Secretary that the statement contains sufficient factual

allegations to create a reasonable belief that a violation of

section 5201 of this title has occurred;

the Secretary may request the Attorney General of the United States

to institute a civil action for the imposition and collection of

the civil penalty under this section.

(e) Use of penalty money collected

After deduction of costs attributable to collection, money

collected from penalties shall be -

(1) deposited into the trust fund established pursuant to the

Act entitled ''An Act to provide that the United States shall aid

the States in wildlife-restoration projects, and for other

purposes'', approved September 2, 1937 (16 U.S.C. 669) (commonly

known as the ''Pitman-Robertson Wildlife Restoration Act''), to

support the activities authorized by such Act and undertaken by

State wildlife management agencies; or

(2) used in such other manner as the Secretary determines will

enhance the funding and implementation of -

(A) the North American Waterfowl Management Plan signed by

the Secretary of the Interior and the Minister of Environment

for Canada in May 1986; or

(B) a similar program that the Secretary determines will

enhance wildlife management -

(i) on Federal lands; or

(ii) on private or State-owned lands when the efforts will

also provide a benefit to wildlife management objectives on

Federal lands.

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(Pub. L. 103-322, title XXXII, Sec. 320803, Sept. 13, 1994, 108

Stat. 2121.)

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REFERENCES IN TEXT

The Pitman-Robertson Wildlife Restoration Act, referred to in

subsec. (e)(1), is act Sept. 2, 1937, ch. 899, 50 Stat. 917, as

amended, also known as the Federal Aid in Wildlife Restoration Act,

which is classified generally to chapter 5B (Sec. 669 et seq.) of

this title. For complete classification of this Act to the Code,

see Short Title note set out under section 669 of this title and

Tables.

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16 USC Sec. 5203 01/06/03

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Sec. 5203. Other relief

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Injunctive relief against a violation of section 5201 of this

title may be sought by -

(1) the head of a State agency with jurisdiction over fish or

wildlife management;

(2) the Attorney General of the United States; or

(3) any person who is or would be adversely affected by the

violation.

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(Pub. L. 103-322, title XXXII, Sec. 320804, Sept. 13, 1994, 108

Stat. 2122.)

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16 USC Sec. 5204 01/06/03

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Sec. 5204. Relationship to State and local law and civil actions

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This chapter does not preempt a State law or local ordinance that

provides for civil or criminal penalties for conduct that violates

this chapter.

-SOURCE-

(Pub. L. 103-322, title XXXII, Sec. 320805, Sept. 13, 1994, 108

Stat. 2122.)

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16 USC Sec. 5205 01/06/03

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Sec. 5205. Regulations

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The Secretary may issue such regulations as are necessary to

carry out this chapter.

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(Pub. L. 103-322, title XXXII, Sec. 320806, Sept. 13, 1994, 108

Stat. 2122.)

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16 USC Sec. 5206 01/06/03

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Sec. 5206. Rule of construction

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Nothing in this chapter shall be construed to impair a right

guaranteed to a person under the first article of amendment to the

Constitution or limit any legal remedy for forceful interference

with a person's lawful participation in speech or peaceful

assembly.

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(Pub. L. 103-322, title XXXII, Sec. 320807, Sept. 13, 1994, 108

Stat. 2122.)

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16 USC Sec. 5207 01/06/03

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Sec. 5207. Definitions

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As used in this chapter:

(1) Federal lands

The term ''Federal lands'' means -

(A) national forests;

(B) public lands;

(C) national parks; and

(D) wildlife refuges.

(2) Lawful hunt

The term ''lawful hunt'' means the taking or harvesting (or

attempted taking or harvesting) of wildlife or fish, on Federal

lands, which -

(A) is lawful under the laws applicable in the place it

occurs; and

(B) does not infringe upon a right of an owner of private

property.

(3) National forest

The term ''national forest'' means lands included in the

National Forest System (as defined in section 1609(a) of this

title).

(4) National park

The term ''national park'' means lands and waters included in

the National Park System (as defined in section 1c(a) of this

title).

(5) Public lands

The term ''public lands'' has the same meaning as is provided

in section 1702(e) of title 43.

(6) Secretary

The term ''Secretary'' means -

(A) the Secretary of Agriculture with respect to national

forests; and

(B) the Secretary of the Interior with respect to -

(i) public lands;

(ii) national parks; and

(iii) wildlife refuges.

(7) Wildlife refuge

The term ''wildlife refuge'' means lands and waters included in

the National Wildlife Refuge System (as established by section

668dd of this title).

(8) Conduct

The term ''conduct'' does not include speech protected by the

first article of amendment to the Constitution.

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(Pub. L. 103-322, title XXXII, Sec. 320808, Sept. 13, 1994, 108

Stat. 2122.)

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