APPENDIX E. LIST OF PETTY OFFENSES AND MINIMUM FINES

APPENDIX E. LIST OF PETTY OFFENSES AND MINIMUM FINES APPLICABLE THERETO PURSUANT TO L.CR.R. 58.1(c)

Table of Contents SUBJECT HEADINGS

REFERENCE

Motor Vehicle Violations …..…………………………………………………………………..1 Motor Carrier Safety Violations ……..………………………………………………………..2 U.S. Fish and Wildlife Service Statutory and Regulatory Offenses ………….……………..3 Security and Law Enforcement at VA Facilities ……………………………………………..4

1. Motor Vehicle Violations Persons charged with violations of the offenses set forth below may be required to pay the fines set forth below. Certain offenses may also carry a jail term, which is listed in the applicable section of the New Jersey Statutes Annotated. In certain instances, persons charged with such violations may, in lieu of appearance post collateral in the amount indicated for the offense, waive appearance before a Magistrate Judge, and consent to forfeiture of collateral. Persons charged with offenses not listed must appear for trial as in the case of other petty offenses. The collateral and minimum fine for motor vehicle violations committed on the federal enclaves, including military installations, except as otherwise provided by federal law, such as Titles 36 and 50 of the Code of Federal Regulations, is fixed as follows:

N.J.S.A

Pursuant to New Jersey Statutes Annotated

Penalty

39:3-4

Driving or parking unregistered motor vehicle

$54

39:3-9a

Failure to notify change in name

$55

39:3-9a

Failure to endorse license

$55

39:3-10

Driving with an expired license Driving without a license where offender never licensed in N.J. or elsewhere

$54 $200-500

39:3-10.18(a)

Failure to possess a valid CDL

$250-500

39:3-10.18(b)

Driving a commercial vehicle after license suspended

$500-5000

Accident with personal injury while violating this section

$5000

39:3-10.24

Refusal to consent to breath samples after arrest for operation of commercial vehicle while under influence (N.J.S.A. 39:3-10.13)

$250-500

39:3-11

Violating a restriction on conditional license

$55

39:3-12

Illegal securing of driver’s license

$200-500

39:3-17

Failure to possess driver's license or registration (nonresident motorists)

$180

39:3-19.1

Transporting passengers for hire without omnibus regulation (1st offense) (subsequent offenses)

$250 $500

39:3-20

Excess weight - plus $100 for each 1,000 lbs. or fraction thereof

$530

39:3-20(b)

Speeding - commercial vehicle - load exceeds axle limitations See payable amount for N.J.S.A. 39:4-98

39:3-20(b)

Speeding in a Safe Corridor or Construction Zone or 65 MPH area - commercial vehicle - See payable amount for N.J.S.A.

39:3-20.1

Misuse of registration of empty trucks

$25-100

39:3-27.17

Unauthorized use of “Disabled Veteran” plates

$25-50

39:3-27.21

Improper use of “Commuter Van” plates

$25-50

39:3-27.27

Misuse of street rod plates

$25-50

39:3-29

Failure to possess documents. Limited to driver's license or registration. (Failure to possess insurance identification card is NOT payable.) Note: If violation is for more than one offense involving license or registration, they are separate offenses and the payable amount indicated is for each offense)

$180

39:3-29

Refusal to exhibit documents. Limited to driver's license or registration. (Refusal to exhibit insurance identification card is NOT payable.) Note: If violation is for more than one offense involving license or registration, they are separate offenses and the payable amount indicated is for each offense)

$180

39:3-29

Failure of omnibus driver to exhibit documents

$250

39:3-32

Failure to replace lost, destroyed or defaced driver's plates

$55

39:3-33

Display of unclear or indistinct license plates (limited to this portion of statute only)

$54

39:3-35

Lending or using registration certificate or plates

$54

39:3-36

Failure to notify of complete change of address

$26

39:3-37

Falsifying application on examination

$200-500

39:3-38

Use of marker other than one issued (limited to this portion of statute only)

$55

39:3-40

Driving while suspended (1st offense) (2nd offense) (3rd offense) In addition to other penalties, if suspension was for violation of N.J.S.A. 17:29A-35 Offense during suspension for driving while intoxicated

$500 $750 $1000 $3000

39:3-44

Vehicle in unsafe condition

$54

39:3-47

Improper lighting equipment; altering equipment

$54

39:3-47a

Failure to use headlights with wipers

$54

39:3-49

Inadequate headlights

$54

39:3-50

Unauthorized use of certain colored lights

$54

39:3-51

Improper auxiliary driving lamps

$54

39:3-52

Improper additional lighting equipment and use thereof

$54

39:3-53

Improper spot lamps

$54

39:3-54

Miscellaneous improper lights

$54

39:3-55

Improper operation with alternate road lighting equipment

$54

39:3-56

Operating without at least two front lighted lamps

$54

39:3-57

Improper single beam lighting

$54

39:3-58

Improper multiple beam headlights

$54

39:3-59

No light beam indicator

$54

39:3-60

Improper use of high and low headlight beams

$54

39:3-61

Failure to equip motor vehicle with lamps and reflectors required

$54

39:3-61.1

Improper mounting of lamps and reflectors

$54

39:3-61.2

Improper combination of lighting devices and reflectors

$54

39:3-61.3

Improper stop lamps

$54

39:3-61.4

Improper placement and use of red lamps and flags on overhanging loads

$54

39:3-62

Unlit lamps on parked vehicle

$54

$1000

39:3-64

Improper emergency warning light equipment

$54

39:3-64.3

Failure of itinerant vendor to flash signals when stopped for transacting business

$54

39:3-65

Failure to equip farm machinery and other vehicles with lamps

$54

39:3-66

Failure to maintain lamps

$54

39:3-69

Failure to equip vehicle with horn

$54

39:3-70

Noisy muffler

$54

39:3-70.2

Air pollution

$250-1000

39:3-71

Failure to equip vehicle with mirrors

$54

39:3-72

Tire in unsafe operating condition

$54

39:3-73

Improper use of tire chains

$54

39:3-74

Obstruction of windshield for vision

$54

39:3-75

Failure to equip vehicle with safety glass

$54

39:3-76.2

Failure to equip vehicle with safety belts

$54

39:3-76.2a

Failure to use a child passenger restraint when transporting a child under the age of eight and weighing less than 80 pounds

$54

39:3-76.2f

Failure to wear seat belt

$46

39:3-76.3

Motorcycle handle bar grips too high

$54

39:3-76.4

Failure to equip motorcycle with special muffler systems

$54

39:3-76.5

Failure to equip motorcycle with footrests and helmet for motorcycle passengers

$80

39:3-76.7 to 3-76.10 Motorcycle helmet, goggles, and other safety equipment violations

$54

39:3-79.1

Failure to equip bus, truck, or trailer with mud flaps

$54

39:3-79.8

Prohibition of supplying fuel to vehicle without label (subsequent offense)

$25 $50

39:3-80

Equipment with rubber tires of approved material (subsequent offense)

$50-100 $100-200

39:3-81

Misuse of stud tires (limited to this portion of statute only) By regulation of the Director of Motor Vehicles, stud tires shall not be used on a highway earlier than November 15 or later than April 1 of

$55

39:3-84

Violation of dimensional restriction

$185

39:3-84

Violation of weight restriction if total excess weight is less than 10,000 pounds, then the payable amount equals $.02 x (total excess weight) + $23, but no less than $81. If total excess weight is greater than 10,000 pounds, then the payable amount equals $.03 x (total excess

$85

39:4-11 to 4-14.2

Violations concerning bicycles and roller skates (committed by juveniles under 17 (N.J.S.A. 39:4-203.3)

$54 $10

39:4-14.3(c)

Driving moped under 15

$0-50

39:4-14.3(d)

Driving moped without license

$0-50

39:4-14.3h

Second violation of operating moped under 17

39:4-14.3q

Operating moped without helmet

$0-$200

39:4-15 to 4-25.1

Violations concerning horses and horse-drawn vehicles

$54

39:4-26 to 4-30

Violations concerning machinery, vehicles or apparatus of unusual size or weight (fine to be paid to agency charged with maintenance of road upon which violation occurs)

$85

39:4-32 to 4-34

Pedestrian violations Committed by juveniles under age 17

$54 $10

39:4-36

Failure to yield to pedestrians at crosswalk

$230

39:4-37.1

Failure to yield right of way to a blind person

$54

39:4-38 to 4-45

Street car violations

$54

39:4-46

Failure to display owner's name on commercial vehicle (fine to be forwarded to Director of Motor Vehicles)

$26

39:4-46(b)

Failure to display gross weight over 26,000 pounds

$0-5000

39:4-48

Operating or using motor vehicle without consent of owner

$100/no max

39:4-49

Tampering with vehicle (subsequent offense)

$10-50 $50-100

30 day

39:4-49.1

Operation of or in a motor vehicle while in possession of CDS

$50/no max

39:4-50

DWI (1st offense-B.A.C. 0.08% or higher but less than 0.10%) (1st offense- B.A.C. 0.10% or higher)

$250-400 $300-500

39:4-50(g)

(2nd offense)

$500-1000

(3rd offense)

$1000

Violation within 1,000 feet of school property (1st offense) (2

nd

offense)

rd

(3 offense)

$500-800 $1000-2000 $2000

Surcharges

$325

39:4-50.4a

Refusal to submit to breathalyzer (1st offense) (2nd offense) (3rd offense) Violation within 1,000 feet of school property (1st offense) (2nd offense) (3rd offense)

$300-500 $500-1000 $1000 $600-1000 $1000-2000 $2000

39:4-51b

Open container of alcohol in vehicle (1st offense) (subsequent offense)

$200 $250

39:4-52

Racing on highway (1st offense) (subsequent offense)

$25-100 $100-200

39:4-53

Leaving vehicle with engine running

$54

39:4-54

Violation of dimension restriction on trailers

$85

39:4-54

Violation of weight restriction trailers (see N.J.S.A. 39:3-20 and 3-84 as applicable)

39:4-55

Failure to control vehicle on steep grades and curves

$54

39:4-56

Delaying traffic

$54

39:4-56.1

Willful abandonment of vehicle on public highways (1st offense) (subsequent offense)

$200-500 $500-1000

39:4-56.5

Abandonment of motor vehicles (1st offense) (subsequent offense)

$100-500 $500-1000

39:4-56.6

Abandonment of vehicle on private property

$55

39:4-56.8

Failure of towing service to tow disabled vehicle

$25-100

39:4-57

Failure to comply with directions of officer

$54

39:4-57

Safe Corridor, Construction Zone or 65 MPH area - Failure to comply with direction of officer

$72

39:4-57.1

Failure to activate interior light at request of officer

$80

39:4-58

Vehicle loaded so as to obstruct view

$54

39:4-59

Hitch-hiking

$54

39:4-60

Soliciting trade or contributions on highway

$54

39:4-61

Tailboard riding

$54

39:4-62

Leaving curb

$54

39:4-63

Placing injurious substances of highway

$100-500

39:4-64

Throwing litter from vehicle

$230

39:4-65

Letting off or taking on persons other than at curb

$54

39:4-66

Failure to stop when emerging from alley, driveway or garage

$54

39:4-66.1

Failure to yield right-of-way when entering private road or driveway

$54

39:4-66.1

Safe Corridor or Construction Zone - Failure to yield right-of-way when entering private road or driveway

$72

39:4-66.2

Operation of motor vehicle on public or private property to avoid traffic signal

$50-100

39:4-67

Obstructing passage of vehicles

$54

39:4-68

Doors of streetcar or autobus open

$54

39:4-69

Riding on part of street car or vehicle not intended for passengers

$54

39:4-71

Driving on sidewalk

$54

39:4-71

Safe Corridor, Construction Zone - Driving on sidewalk

$72

39:4-72

Failure to stop on signal from driver of horse

$54

Director of Motor Vehicles - Same payable amount as N.J.S.A. 39:3-84 39:4-76

Driving overweight vehicle on interstate bridge

$50/no max

39:4-77

Loading so as to spill

$55

39:4-77.1

Snow or ice falling off moving vehicle: non-commercial commercial

$200-1000 $500-1500

39:4-78

Carrying metal so as to create noise

$54

39:4-79

Backing vehicle to curb to unload

$54

39:4-80

Disregard of officer directing traffic

$85

39:4-80

Safe Corridor, Construction Zone or 65 MPH area - Disregard of officer directing traffic

$140

39:4-81

Failure to observe traffic signal

$85

39:4-81

Safe Corridor, Construction Zone or 65 MPH area - Failure to observe traffic signal

$140

39:4-82

Failure to keep right

$185

39:4-82

Safe Corridor, Construction Zone - Failure to keep right

$290

39:4-82.1

Driving on safety island

$85

39:4-82.1

Safe Corridor, Construction Zone or 65 MPH area - Driving on safety

$140

39:4-83

Failure to keep right at intersection

$85

39:4-83

Safe Corridor, Construction Zone - Failure to keep right at intersection

$140

39:4-84

Failure to pass to right when proceeding in opposite directions

$85

39:4-84

Safe Corridor, Construction Zone or 65 MPH area - Failure to pass to right when proceeding in opposite directions

$140

39:4-85

Failure to pass to left when overtaking

$85

39:4-85

Safe Corridor, Construction Zone or 65 MPH area - Failure to pass to left when overtaking

$140

39:4-85.1

Wrong way on one-way street

$85

39:4-86

Failure to overtake and pass properly; crossing "no passing" lines

$85

39:4-86

Safe Corridor, Construction Zone or 65 MPH area - Failure to overtake and pass properly; crossing "no passing" lines

$140

39:4-87

Failure to give overtaking vehicle right of way

$85

39:4-88

Failure to obey regulations in marked lanes

$185

39:4-88

Safe Corridor, Construction Zone or 65 MPH area - Failure to obey regulations in marked lanes

$290

39:4-89

Following another vehicle too closely

$85

39:4-89

Safe Corridor, Construction Zone or 65 MPH area - Following another vehicle too closely

$140

39:4-90

Failure to yield right of way at intersection

$85

39:4-90

Safe Corridor, Construction Zone or 65 MPH area - Failure to yield right of way at intersection

$140

39:4-90.1

Entering or leaving limited access highways improperly

$85

39:4-90.1

Safe Corridor, Construction Zone or 65 MPH area - Entering or leaving limited access highways improperly

$140

39:4-91

Failure to yield right-of-way to emergency vehicles

$85

39:4-92

Failure to pull over for emergency vehicle; following emergency vehicle too closely

$85

39:4-92.1

Following fire department vehicle too closely back to fire station

$85

39:4-94

Railroad employee unnecessarily blocking highway with train

$85

39:4-96

Reckless driving (1st offense) (subsequent offense)

$50-100 $100-500

39:4-97

Careless driving where no accident involving personal injury (accident resulting in personal injury cannot be paid through the Violations

$85

39:4-97

Safe Corridor, Construction Zone or 65 MPH area - Careless driving where no accident involving personal injury

$140

39:4-97a

Motor vehicle operation causing property damage

$50-200

39:4-97.1

Slow speed so as to impede or block traffic

$85

39:4-98

Speeding - exceeding limit by 1-9 miles per hour

$85

39:4-98

Safe Corridor or Construction Zone speeding - exceeding limit by 1-9 miles per hour

$140

39:4-98


$95

39:4-98

Safe Corridor, Construction Zone or 65 MPH area - speeding - exceeding limit by 10-14 miles per hour

$160

39:4-98


$105

39:4-98

Safe Corridor, Construction Zone or 65 MPH area - speeding - exceeding limit by 15-19 miles per hour

$180

39:4-98

Speeding - exceeding limit by 20-24 miles per hour pursuant to N.J.S.A. 29:4-98.7, all fines have been doubled for any defendant charged with speeding 20 MPH or more over the speed limit.

$200

NOTE: Exceeding the posted speed limit by 20 miles per hour or more in a Safe Corridor or in a Construction Zone requires a court appearance. 39:4-98

Speeding - exceeding limit by 25-29 miles per hour -- pursuant to N.J.S.A. 39:4-98.7, all fines have been doubled for any defendant charged with speeding 20 MPH or more over the

$220

39:4-98


$240

39:4-98


$260

NOTE: Exceeding the posted speed limit by 40 miles per hour or more requires a court appearance. 39:4-100

Exceeding speed limit across sidewalk (4mph)

$80

39:4-115

Improper turn at controlled intersection

$85

39:4-115

Safe Corridor or Construction Zone - Improper turn at controlled intersection

$140

39:4-116

Improper turn at arrow

$85

39:4-117

Special pedestrian signals - motorist or pedestrian violation

$85

39:4-119

Failure to observe flashing traffic signals

$85

39:4-119

Safe Corridor or Construction Zone - Failure to observe flashing traffic signals

$140

39:4-122

Failure to obey whistle of police

$85

39:4-122

Safe Corridor or Construction Zone - Failure to obey whistle of police

$140

39:4-123

Improper right and left-hand turns

$85

39:4-123

Safe Corridor or Construction Zone - Improper right and left-hand turns

$140

39:4-124

Failure to turn as indicated by buttons or markers at intersection

$85

39:4-124

Safe Corridor or Construction Zone - Failure to turn as indicated by buttons or markers at intersection

$140

39:4-125

U-Turn on curve or grade or where view obstructed or "No U-Turn" sign

$85

39:4-125

Safe Corridor or Construction Zone - U-Turn on curve or grade or where view obstructed or "No U-Turn" sign

$140

39:4-126

Failure to signal before starting, turning or stopping

$85

39:4-126

65 MPH area - Failure to signal before starting, turning or stopping

$140

39:4-127

Improper backing or turning in street

$85

39:4-127

Safe Corridor, Construction Zone or 65 MPH area - Improper backing or turning in street

$140

39:4-127.1

Failure to stop at railroad crossing

$85

39:4-127.2

Failure to stop for gate at approaches to movable span bridge

$85

39:4-128.1

Passing school bus while picking up or discharging (1st offense) (subsequent offense)

$100/no max $250/no

39:4-128.4

Failure to stop for frozen dessert truck

$100

39:4-129(a)

Leaving the scene of accident involving injury or death (1st offense) (subsequent offense)

$2500-5000 $2500-5000

39:4-129(b)

Leaving the scene of accident (damage to attended vehicle) (1st offense) (subsequent offense)

$200-400 $400-600

39:4-129(d)

Leaving the scene of accident (damage to unattended vehicle) (1st offense)

$200-400 $400-600

39:4-130

Failure to report an accident

$30-100

39:4-132

Failure of repairman to report damages

$100-500

39:4-135

Improper parking

$54

39:4-136

Parking on highway

$54

39:4-137

Allowing a vehicle to stand on highway unattended while motor running and without setting brakes

$54

39:4-138(a)

Improper parking within intersection

$54

39:4-138(b)

Improper parking on a crosswalk

$54

39:4-138(c)

Improper parking in safety bus zone

$54

39:4-138(d)

Improper parking in front of driveway

$54

39:4-138(e)

Improper parking within 25 ft. of crosswalk

$54

39:4-138(f)

Improper parking on a sidewalk

$54

39:4-138(g)

Improper parking in a no parking area established by State Highway Department

$54

39:4-138(h)

Improper parking within 50 feet of stop sign

$54

39:4-138(i)

Improper parking within 10 feet of fire hydrant

$54

39:4-138(j)

Improper parking within 50 feet of railroad

$54

39:4-138(k)

Improper parking within 20 feet of driveway entrance to fire station or 75 feet on opposite side of street (when properly signposted)

$54

39:4-138(l)

Improper parking alongside or opposite street excavation or obstruction, causing traffic obstruction (when properly

$54

39:4-138(m)

Double parking

$54

39:4-138(n)

Improper parking on a bridge, elevated structure, underpass or immediate approaches (except where space for parking is

$54

39:4-139

Loading or unloading for unreasonable period of time

$54

39:4-144

Failure to obey stop or yield right-of way signs

$85

39:4-144

Safe Corridor, Construction Zone or 65 MPH area - Failure to obey stop or yield right-of-way signs

$140

39:4-145

Failure to yield to vehicle entering stop or yield intersection after stopping

$85

39:4-201

Parking in space for handicapped contrary to county resolution, ordin. or

$50

39:4-203.5

Traffic fines doubled in construction area

39:4-208

Parking on state property

$1-15

39:4-215

Failure to obey signals, signs or directions

$54

Radioactive material; Failure to produce certificate of handling (1st offense) (subsequent offense) Failure to post placard on vehicle containing radiation symbol (1st offense) (subsequent offense) Deviating from conditions of certificate of handling (1st offense) (subsequent offense)

$0-250 $0-500

39:5B-19 39:5B-20

39:5B-22

(1st offense) (subsequent offense)

$0-250 $0-500 $0-250 $0-500

39:5C-1

Racing or making speed records

$25-100 $100-200

39:5-35

Failure to return suspended license

39:6B-2

Failure to carry insurance coverage

39:8-1

Failure to have inspection

$130

39:8-4

Failure to make repairs

$130

39:8-6

Failure to display approval certificate (fines for inspection violations are forwarded to Division of Motor Vehicles)

$130

$25 (1st offense) (subsequent offense)

$300-1000 $0-5000

39:8-9

Uninspected vehicle

39:8-18

Affixing approval sticker without inspection offense)

$100-200 (1st

$1000-1500 $2000-3500

(subsequent offense) 39:8-62

Operation of diesel powered motor vehicle - emission violationno certification of repair - first offense only (the payable amount may be reduced to $150.00 if a certification of repair is provided and it is acceptable to the Court)

39:9-2

Commercial driver exceeding maximum permitted on-duty hours (1st offense) (subsequent offense)

$25 $50

39:10-10

Failure to deliver certificate of ownership

$25

39:10-12

False application for a duplicate certificate of ownership

$200-500

39:10B-2

Identification of motor component parts

$25-100

39:11-3

Operating a junkyard without a license

$25-100

39:11-9

Failure of junkyard owner to certify condition of vehicles sold

$25-100

39:12-15

Non-use of seat belts in drivers’ school (instructor and student) (1st offense) (subsequent offense)

$100-250 $250-500

4:22-25.1

N.J.A.C. 54:39A-10

$730

Motorist hitting domestic animal to stop; report (see N.J.S.A. 4:22-25.2)

$500

Failure to exhibit identification card-Motor Fuels Tax Act

$55

2. Motor Carrier Safety Violations 49 C.F.R. Penalty

Pursuant to Federal Regulation as adopted and incorporated by reference at N.J.A.C. 13:60-2.1

392.16

Use of seat belts

$46

393.9

Inoperative lamps (general)

$56*

393.17

Lamps and reflectors

$56*

393.19

Hazard warning signals

$56*

393.25

Requirements for lamps other than head lamps

$56*

393.60

Improper window or windshield glazing

$56*

393.78

Missing or inoperable windshield wiper

$56*

393.81

Horn (inoperable/missing)

$56*

*The reduced amount can be accepted for the first offense non-out of service equipment violations, but only if the defendant submits proof that the repairs were made and submits a Certification of Repair and Plea of Guilty that is acceptable to the court. (See Statewide violations Bureau Schedule, Commercial Non-out of Service Violations at www.judiciary.state.nj.us/mcs/)

UNITED STATES DISTRICT COURT DISTRICT OF NEW JERSEY U.S. FISH AND WILDLIFE SERVICE VIOLATIONS OF TITLES 16, 18, AND 25, UNITED STATES CODE AND TITLE 50, CODE OF FEDERAL REGULATIONS

LIST OF MINIMUM FINES APPLICABLE THERETO PURSUANT TO RULES OF THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW JERSEY ==================================================== == **Fines May Be Doubled for Second and Subsequent Violations**

Persons charged with violations of any offense listed below may, in lieu of appearance, post collateral in the dollar amount indicated for the offense, waive appearance before a Magistrate, and consent to forfeiture of collateral. Persons charged with offenses not listed must appear for trial.

3. U.S. Fish and Wildlife Service Statutory and Regulatory Offenses Revised December, 2014

Table of Contents (1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11) (12) (13) (14) (15) (16) (17)

(18) (19) (20) (21) (22) (23) (24) (25) (26) (27) (28)

(29)

American Antiquities Act (Repealed December 19, 2014) Archaeological Resources Protection Act Bald and Golden Eagle Protection Act Migratory Bird Treaty Act Migratory Bird Hunting Stamp Act Airborne Hunting Act Marine Mammal Protection Act Endangered Species Act Lacey Act African Elephant Conservation Act Federal Cave Resources Protection Act Wild Bird Conservation Act Rhinoceros and Tiger Conservation Act Assimilative Crimes Act Native American Graves Protection and Repatriation Act General FWS Permit Regulations (50 CFR 13) Regulations for Importation, Exportation, and Transportation of Wildlife (50 CFR 14) Captive Wildlife Safety Act Wild and Exotic Bird Regulations Injurious Wildlife Regulations Endangered & Threatened Wildlife & Plant Regulations Marine Mammal regulations Airborne Hunting Regulations Migratory Bird Hunting Regulations Migratory Bird Permit Regulations Bald and Golden Eagle Protection Regulations CITES Regulations Plant Import and Export Regulations National Recreational Areas Act and National Wildlife Refuge Administration Act - NWR Administrative Provisions - NWR Public Entry and Use - NWR Prohibited Acts - NWR Trapping Regulations - Hunting & Fishing Regulations Wildlife/Property Forfeiture Order

18 18 18 19 19 20 20 21 22 24 24 24 25 25 25 26 27

28 29 30 32 33 33 39 41 42 43 44

51

STATUTORY OFFENSE DESCRIPTION

CITE

COLLATERAL

1) American Antiquities Act (16 U.S.C. § 433) Appropriate, excavate, injure, or destroy historic or pre-historic ruin or monument or any object of antiquity.

16 U.S.C. § 433

$500.00 + Restoration Cost

2) Archaeological Resource Protection Act (16 U.S.C. §§ 470aa et. seq.) Knowingly excavate, remove, damage, alter, deface 16 U.S.C. § 470ee(a) or the attempt thereof, any archaeological resource on public or Indian lands without a permit or exception.

$1,500.00 + Restoration Cost

Sell, purchase, exchange, transport, receive, or offer to sell, purchase, or exchange any archaeological resource excavated from public or Indian lands in violation of 16 U.S.C. § 470ee(a) or any other provision of Federal law.

16 U.S.C. § 470ee(b) $1,000.00 + Restoration Cost

Sell, purchase, exchange, transport, receive, or offer to sell, purchase, or exchange in interstate or foreign commerce, any archaeological resource excavated, removed, sold, purchased, exchanged, transported, or received in violation of any provision, rule, regulation, ordinance, or permit in effect under state or local law.

16 U.S.C. § 470ee(c) $1,000.00 + Restoration Cost

3) Bald and Golden Eagle Protection Act (16 U.S.C. §§ 668-668d) Whoever, knowingly, or with wanton disregard for the consequences of his act, take, possess, sell, purchase, barter, offer to sell, purchase or barter, transport, export or import at any time or in any manner, any bald eagle or any golden eagle alive or dead, or any part, nest or egg thereof.

16 U.S.C. § 668

Per item/specimen

18

$1,000.00

$500.00


CITE

COLLATERAL

4) Migratory Bird Treaty Act (16 U.S.C. §§ 703-711) Take, pursue, hunt, capture, kill, or the attempt thereof, possess, sell, barter, purchase, ship, export, import, carry, transport, offer, or cause thereof, migratory birds, their parts, nests, or eggs, except as may be permitted.

Take by aid of baiting, or on or over any baited area.

16 U.S.C. § 703

$350.00

Per item/specimen

$50.00

16 U.S.C. § 704(b)(1) Per item/specimen

Place or direct the placement of bait on or adjacent to an area for the purpose of causing, inducing, or allowing any person to take or attempt to take any migratory game bird by the aid of baiting on or over the baited area.

16 U.S.C. § 704(b)(2)

Per item/specimen

Ship, transport, carry in interstate or foreign commerce, any bird, part, nest, or egg thereof, captured, killed, taken, shipped, transported, or carried contrary to the law of the place where captured, killed, taken, shipped, transported, or carried.

16 U.S.C. § 705

Per item/specimen

$500.00 $100.00

$1,000.00

$200.00

$500.00

$50.00

5) Migratory Bird Hunting and Conservation Stamp Act (16 U.S.C. §§ 718 et seq.) Hunt migratory waterfowl without duck stamp.

16 U.S.C. § 718a

$150.00

Hunt migratory waterfowl with unsigned duck stamp.

16 U.S.C. § 718b

$50.00

Loan, or transfer migratory waterfowl stamp to another, or use stamp validated by another.

16 U.S.C. § 718e(a)

$150.00

Alter, mutilate, imitate, or counterfeit duck stamp.

19

16 U.S.C. § 718e(b)

$500.00


CITE

COLLATERAL

6) Airborne Hunting Act (16 U.S.C. § 742j-1)

Shoot from an aircraft for purposes of capturing or

16 U.S.C. § 742j-1(a)(1)

$1,000.00

killing wildlife. Per item/specimen

$100.00

Use aircraft to harass wildlife.

16 U.S.C. § 742j-1(a)(2)

$500.00

Participate in using aircraft to shoot/harass wildlife.

16 U.S.C. § 742j-1(a)(3)

$500.00

7) Marine Mammal Protection Act (16 U.S.C. §§ 1361-1407)

Unlawful take of a marine mammal.

16 U.S.C. § 1372(a)

Per item/specimen

Unlawful importation or inhumane taking.

$2,000.00

$250.00

16 U.S.C. § 1372(b) Non-Commercial Commercial Per item/specimen (Commercial)

Unlawful importation of illegally taken marine mammal.

$150.00 $500.00 $100.00

16 U.S.C. § 1372(c)(1) Non-Commercial Commercial Per item/specimen (Commercial)

20

$300.00 $750.00 $100.00


CITE

Unlawful importation of marine mammal product.

COLLATERAL 16 U.S.C. § 1372(c)(2)

Non-Commercial Commercial Per item/specimen (Commercial)

$150.00 $500.00 $100.00

Unlawful importation of fish taken in a manner 16 U.S.C. § 1372(c)(3) potentially harmful to marine mammals. Non-Commercial $150.00 Commercial $500.00 Per item/specimen (Commercial)

$100.00

8) Endangered Species Act (16 U.S.C. §§ 1531-1543) Import or export endangered wildlife.

16 U.S.C. § 1538(a)(1)(A)

Per item/specimen

Take, an endangered species within the U.S.

16 U.S.C. § 1538(a)(1)(B) Per item/specimen

Take an endangered species upon the high seas.

16 U.S.C. § 1538(a)(1)(C) Per item/specimen

Possess, sell, deliver, carry, transport, or ship unlawfully taken endangered wildlife.

16 U.S.C. § 1538(a)(1)(D) Per item/specimen

Deliver, receive, carry, transport, or ship endangered wildlife in interstate/foreign commerce for commercial purposes.

16 U.S.C. § 1538(a)(1)(E)

Per item/specimen

Sell/offer for sale in interstate or foreign commerce any endangered species.

16 U.S.C. § 1538(a)(1)(F) Per item/specimen

21

$1,000.00

$200.00

$2,500.00 $250.00 $2,000.00 $200.00

$1,000.00 $200.00

$1,000.00

$200.00

$1,000.00 $200.00


CITE

COLLATERAL

Violate any regulation promulgated for such species 16 U.S.C. § 1538(a)(1)(G) or for any listed threatened species. Per item/specimen

Violate regulations pertaining to any endangered plant species.

16 U.S.C. §§ 1538(a)(2)(A) thru 1538(a)(2)(D) Per item/specimen

Violate regulations pertaining to threatened plants.

16 U.S.C. § 1538(a)(2)(E)

Violation of Convention.

Engage in business as an importer/exporter of wildlife without authorization.

$200.00

$500.00

$100.00

$350.00

Per item/specimen

$50.00

16 U.S.C. § 1538(c)

See Part 23

16 U.S.C. § 1538(d)(1)(A)

Fail to file a declaration for the importation of fish, 16 U.S.C. § 1538(e) wildlife or plants as required. Non-Commercial Commercial

Violate designated port requirements.

$1,000.00

$500.00

$150.00 $400.00

16 U.S.C. § 1538(f)(1) Non-Commercial Commercial

$150.00 $400.00

9) Lacey Act (18 U.S.C. § 42, 16 U.S.C. §§ 3371-3378)

Importation into the U.S. or territories, or shipment between the states or territories, of species listed as injurious.

Importation of any wild animal or bird under inhumane or unhealthful conditions.

18 U.S.C. § 42(a)(1)

Per specimen

$50.00

18 U.S.C. § 42(c)

$500.00

Per item/specimen

22

$750.00

$50.00


CITE

COLLATERAL

Import, export, transport, sell, receive, acquire, or purchase any fish, wildlife, or plant, taken, possessed, transported, or sold in violation of any law, treaty, or regulation of the U.S. or in violation of any Indian tribal law.

16 U.S.C. § 3372(a)(1)

Per item/specimen

It is unlawful for any person to:

$750.00

$100.00

16 U.S.C. § 3372(a)(2)

Import, export, transport, sell, receive, acquire, or purchase in interstate or foreign commerce: any fish or wildlife taken, possessed, transported, or sold in violation of any law or regulation of any State or in violation of any foreign law.

16 U.S.C. § 3372(a)(2)(A)

Per item/specimen

any plant taken, possessed, transported, or sold in violation of any law or regulation of any State or foreign law.

$100.00

16 U.S.C. §§ 3372(a)(2)(B)(i) $500.00 thru 3372(a)(2)(B)(iii) Per item/specimen

any prohibited wildlife species.

$750.00

16 U.S.C. § 3372(a)(2)(C)

Per item/specimen Within the special maritime and territorial jurisdiction of the U.S.: possess any fish or wildlife taken, possessed,

$50.00

$1,000.00

$250.00

16 U.S.C. § 3372(a)(3) 16 U.S.C. § 3372(a)(3)(A)

transported, or sold in violation of any law or regulation of any state or in violation of any foreign law or Indian tribal law. Per item/specimen

$100.00

possess any plant taken, possessed, transported, or 16 U.S.C. § 3372(a)(3)(B)(i) sold in violation of any law or regulation of any State Thru 3372(a)(3)(B)(iii) or any foreign law Per item/specimen

$500.00

23

$50.00

$500.00

STATUATORY OFFENSE DESCRIPTION

CITE

COLLATERAL

Attempt to commit any act described in 3372(a) paragraphs (l) through (4).

16 U.S.C. §3372(a)(4) Per item/specimen

$500.00 $50.00

10) African Elephant Conservation Act (16 U.S.C. §§ 420l-4245) Import or export elephant ivory contrary to 16 U.S.C. § 4221 and 16 U.S.C. §4222:

16 U.S.C. § 4223(1) thru 4223(5)

Non-Commercial Commercial

$100.00 $500.00

Per item (commercial) $100.00

11) Federal Cave Resources Protection Act (16 U.S.C. §§ 4301-4310) Without authorization, knowingly destroys, disturbs, 16 U.S.C. § 4306(a)(1) $500.00 defaces, mars, alters, removes or harms any + Restoration Cost significant cave or alters the free movement of any animal or plant life into or out of an significant cave located on Federal lands, or enters a significant cave with the intention of committing any crime described in this paragraph.

Possess, consume, sell, barter or exchange, any cave resource from a significant cave knowing or having reason to know such resource was removed from a significant cave on Federal lands.

16 U.S.C. § 4306(a)(2)

Counsel, solicit, procure or employ any other person 16 U.S.C. § 4306(a)(3) to violate any provision of this section.

$350.00

$350.00

12) Wild Bird Conservation Act (16 U.S.C. § 4901-4916) Import any exotic bird in violation of any prohibition, suspension, or quota on importation.

16 U.S.C. § 4910(a)(1)(A) Per item/specimen

24

$ 50.00

$350.00

STATUATORY OFFENSE DESCRIPTION

CITE

COLLATERAL

Import a non-approved species of exotic bird.

16 U.S.C. § 4910(a)(1)(B) Per item/specimen

Violate any regulation of this chapter.

16 U.S.C. § 4910(a)(1)(C) Per item/specimen

$350.00 $ 50.00

$350.00 $ 50.00

13) Rhinoceros and Tiger Conservation Act (16 U.S.C. §§ 5301-5306) Sell, import or export any product, item or substance intended for human consumption or application containing, or labeled or advertised as containing, any substance derived from any species of rhinoceros or tiger.

16 U.S.C. § 5305(a)

$500.00

Per item/specimen

$ 50.00

18 U.S.C. § 13

$300.00

14) Assimilative Crimes Act (l8 U.S.C. § l3) Violations of state fish and game statutes and regulations within the special maritime and territorial jurisdiction of the United States.

15) Native American Graves Protection and Repatriation Act (25 U.S.C. § 3001 & 18 U.S.C. § 1170) Knowingly sell, purchase, use for profit, or transport 18 U.S.C. § 1170(a) $2,000.00 for sale or profit, the human remains of a + Restoration/Repatriation Cost Native American without the right of possession to those remains. Knowingly sell, purchase, use for profit, or transport 18 U.S.C. § 1170(b) $1,000.00 for sale or profit any Native American cultural items +Restoration/Repatriation Cost obtained unlawfully.

25

REGULATORY OFFENSE DESCRIPTION

CITE

COLLATERAL

16) General Fish and Wildlife Service Permit Regulations (50 C.F. R. Part 13) promulgated to implement the following Statutes: Migratory Bird Treaty Act 16 U.S.C. § 704; Eagle Protection Act 16 U.S.C. § 668a; Endangered Species Act 16 U.S.C. § 1538(d); Lacey Act 16 U.S.C. § 3373 Engage in activity for which a permit is required without having a valid permit.

50 C.F.R. § 13.1

Unauthorized transfer of a permit.

$300.00

50 C.F.R. § 13.25

$200.00

Failure to maintain wildlife possessed pursuant to a 50 C.F.R. § 13.41 permit, under humane and healthful conditions.

$300.00

Failure to adhere to specific authorization of a permit.

50 C.F.R. § 13.42

$150.00

Alteration of a permit.

50 C.F.R. § 13.43

$350.00

Failure to display a permit or present for inspection.

50 C.F.R. § 13.44

$200.00

Failure to file reports required by FWS permit.

50 C.F.R. § 13.45

$200.00

Failure to maintain records required by FWS.

50 C.F.R. § 13.46

$200.00

Failure to allow entry to premise for the purpose of inspecting activity authorized by FWS permit.

50 C.F.R. § 13.47

$500.00

Failure to comply with permit conditions.

50 C.F.R. § 13.48

$200.00

26


CITE

COLLATERAL

17) Regulations for Importation, Exportation & Transportation of Wildlife (50 C.F. R. Part 14) promulgated to implement the following Statutes: Lacey Act 16 U.S.C. § 3371; Endangered Species Act 16 U.S.C. §1538

Import or export wildlife at non-designated port 50 C.F.R. § 14.11 of entry. Non-Commercial Commercial

$150.00 $400.00

Knowingly unload an in-transit shipment within the U.S.

50 C.F.R. § 14.14(b)

$350.00

Violation of non-designated port conditions.

50 C.F.R. §§ 14.31 thru 14.33

$250.00

Fail to allow detention and inspection of imported 50 C.F.R. § 14.51 or exported wildlife. Non-Commercial Commercial

$150.00 $400.00

Failure to obtain FWS clearance prior to release 50 C.F.R. § 14.52(a) by US Customs of imported/exported wildlife. Non-Commercial Commercial

$150.00 $400.00

Failure to provide 48 hour prior notice of arrival of live or perishable wildlife shipments.

50 C.F.R. § 14.54(a)

$300.00

Fail to file completed importation declaration as 50 C.F.R. § 14.61 required. Non-Commercial Commercial

$150.00 $400.00

Fail to file completed exportation declaration as 50 C.F.R. § 14.63 required. Non-Commercial Commercial

$150.00 $400.00

27


CITE

COLLATERAL

Fail to mark a wildlife container shipped in interstate commerce.

50 C.F.R. § 14.81 Non-Commercial Commercial

$150.00 $250.00

Engage in business as importer/exporter of wildlife without obtaining import/export license.

50 C.F.R. § 14.91

$500.00

Failure to pay license fees, inspection fees, or other associated costs for wildlife shipments.

50 C.F.R. §§ 14.94(a) thru 14.94)d)

$400.00

Import/transport wildlife under inhumane/ 50 C.F.R. § 14.103 unhealthful conditions or in violation of other legal requirements. Per item/specimen

$50.00

Violate humane transport regulations.

$200.00

50 C.F.R. §§ 14.104 thru 14.172 Per item/specimen

$500.00

$50.00

Captive Wildlife Safety Act Regulations which amended the Lacey Act Amendments of 1981 16 U.S.C. §§ 3371-3378 Import, export, transport, sell, receive, acquire, or 50 C.F.R. § 14.253 purchase, in interstate or foreign commerce, any live prohibited wildlife. Per specimen

$500.00

$100.00

18) Regulations for the Importation of Exotic Birds (50 C.F. R. Part 15) promulgated to implement the following Statutes: Wild Bird Conservation Act 16 U.S.C. § 4901- 4916 Import exotic bird contrary to regulations.

50 C.F.R. §§ 15.11(a) thru 15.11(e) Per item/specimen

Violate conditions of exotic bird import permit.

50 C.F.R. § 15.11(f) Per item/specimen

28

$350.00

$ 50.00

$350.00 $ 50.00


CITE

COLLATERAL

Violate conditions of wild bird permit other than Section 15.25.


Violate conditions of pet bird importation

permit. 50 C.F.R. § 15.25 Per item/specimen

$350.00

$ 50.00

$350.00 $ 50.00

19) Injurious Wildlife Regulations (50 C.F.R. Part 16) promulgated to implement the Lacey Act 18 USC § 42 General restrictions regarding the unauthorized import or transportation of species deemed to be injurious.

50 C.F.R. § 16.3

Per item/specimen

Importation, transportation, or acquisition of injurious mammals.

50 C.F.R. § 16.11(a) Per item/specimen

Importation, transportation, or acquisition of injurious birds.


Importation, transportation, or acquisition of injurious fish, mollusks, or crustaceans.


Importation, transportation, or acquisition of injurious amphibians.

50 C.F.R. § 16.14 Per item/specimen

Importation, transportation, or acquisition of injurious reptiles.


29

$750.00

$50.00

$750.00 $50.00

$750.00 $50.00

$750.00 $50.00

$750.00 $50.00

$750.00 $50.00


CITE

COLLATERAL

Fail to properly confine injurious species.

50 C.F.R. § 16.22(b)(1) Per item/specimen

Transfer injurious species to an unauthorized person.

$500.00 $50.00

50 C.F.R. § 16.22(b)(2) $250.00 Per item/specimen

$50.00

20) Endangered & Threatened Wildlife & Plant Regulations (50 C.F.R., Part 17) promulgated to implement the Endangered Species Act 16 USC § 1531-43 (except for those provisions of the Act concerning CITES) Commit, attempt to commit, solicit another to commit, or cause to be committed any prohibited act regarding endangered wildlife.

Import or export endangered wildlife.

50 C.F.R. § 17.21(a)

$1,000.00

Per item/specimen

$200.00

50 C.F.R. § 17.21(b) Per item/specimen

Take, an endangered species.

50 C.F.R. § 17.21(c) Per item/specimen

Possess, sell, deliver, carry, transport, or ship unlawfully taken endangered wildlife.

50 C.F.R. § 17.21(d) Per item/specimen

Deliver, receive, carry, transport, or ship endangered wildlife in interstate/foreign commerce for commercial purposes.

50 C.F.R. § 17.21(e)

Per item/specimen Sell/offer for sale in interstate or foreign commerce any endangered species.

50 C.F.R. § 17.21(f) Per item/specimen

30

$1,000.00 $200.00

$2,500.00 $250.00

$1,000.00 $100.00

$1,000.00

$200.00 $1,000.00 $200.00


CITE

COLLATERAL

Violate captive-bred endangered species regulations.50 C.F.R. § 17.21(g) Per item/specimen

$500.00 $100.00

Violate conditions of endangered species scientific 50 C.F.R. § 17.22 permit.

$300.00

Violate conditions of endangered species hardship permit.

$300.00

50 C.F.R. § 17.23

Threatened Wildlife (Subpart D)

Violate threatened wildlife prohibitions:

50 C.F.R. § 17.31(a)

Attempt to commit, solicit another to commit, or cause to be committed any prohibited act regarding threatened wildlife.

$750.00

Per item/specimen

Import/export threatened wildlife.

$150.00

$750.00 Per item/specimen

Take a threatened species.

$150.00

$1,500.00 Per item/specimen

Possess, sell, deliver, carry, transport, or ship unlawfully taken threatened wildlife.

$250.00


Deliver, receive, carry, transport, or ship in interstate, or foreign commerce for commercial purposes any threatened wildlife.

$150.00

$750.00

Per item/specimen

31

$150.00


CITE

COLLATERAL

Sell/offer for sale in interstate or foreign commerce any threatened species.


Violate captive-bred threatened species regulations.

$150.00

$750.00

Violate special regulations for threatened wildlife.

50 C.F.R. §§ 17.40 thru 17.48

$750.00

50 C.F.R. § 17.61

$500.00

Endangered Plants (Subpart F)

Violate endangered plant regulations.

Per item/specimen

Fail to comply with permit conditions

$100.00

50 C.F.R. § 17.62(c)

$300.00

50 C.F.R. § 17.71

$350.00

Threatened Plants (Subpart G)

Violate threatened plant regulations.

Per item/specimen

Violate conditions of threatened plant permit.

50 C.F.R. § 17.72(c)

$50.00

$200.00

21) Marine Mammal Regulations (50 C.F.R., Part 18) promulgated to implement the Marine Mammal Act 16 USC § 1361-1407 Take marine mammals on the high seas.


Take marine mammals on waters/lands under the jurisdiction of the U.S.

50 C.F.R. § 18.11(b) Per item/specimen

32

$1,000.00 $100.00

$2,000.00 $250.00


CITE

COLLATERAL

Import marine mammal/product.

50 C.F.R. § 18.12 Non-Commercial Commercial Per item/specimen (Commercial)

Possess, transport, sell, purchase, transport or import illegally taken marine mammals.

$150.00 $500.00 $100.00

50 C.F.R. § 18.13

Non-Commercial Commercial Per item/specimen (Commercial)

$300.00 $750.00 $100.00

22) Airborne Hunting Regulations (50 C.F.R., Part 19) amended the Fish and Wildlife Act of 1956 16 USC § 742A-742J-1

Shoot from an aircraft for purposes of capturing or killing wildlife.

50 C.F.R. § 19.11(a)(1) Per item/specimen

$1,000.00 $100.00

Use aircraft to harass wildlife.

50 C.F.R. § 19.11(a)(2)

$500.00

Participate in using aircraft to shoot/harass wildlife.

50 C.F.R. § 19.11(a)(3)

$500.00

Failure to file annual report.

50 C.F.R. § 19.32

$200.00

23) Migratory Bird Hunting Regulations (50 C.F.R. Part 20) promulgated to implement the Migratory Bird Treaty Act 16 USC § 703-712 Failure to register with the Harvest Information Program and/or failure to carry proof of such registration when hunting migratory birds.

50 C.F.R. § 20.20(b)

33

$75.00


CITE

COLLATERAL

Take with illegal device or substance.

50 C.F.R. § 20.21(a) Per specimen

Take with shotgun capable of holding more than 3 shells.

50 C.F.R. § 20.21(b) Per specimen

Take by means, aid or use of sinkbox.

50 C.F.R. § 20.21(c) Per specimen

Take via motor driven conveyance or aircraft.

50 C.F.R. § 20.21(d) Per specimen

Take by means of motor boat or other craft under power.

50 C.F.R. § 20.21(e) Per specimen

Take by use or aid of live birds.

50 C.F.R. § 20.2l(f) Per specimen

Take by use or aid of recorded or amplified bird calls.

50 C.F.R. § 20.21(g) Per specimen

Take by means or aid of motor driven conveyance for concentrating, driving, rallying or stirring up waterfowl.

50 C.F.R. § 20.21(h)

Per specimen

Take by the aid of baiting or on or over any baited area, knowingly or when one reasonably should have known that said area was baited.

50 C.F.R. § 20.21(i)

Per specimen

34

$300.00 $50.00

$150.00 $ 50.00

$300.00 $50.00

$300.00 $50.00

$300.00 $50.00

$300.00 $50.00

$300.00 $50.00

$300.00

$50.00

$500.00

$100.00


CITE

COLLATERAL

Possession of shot shells loaded with non-approved 50 C.F.R. § 20.21(j) shot. Per shell

Take during closed season.

50 C.F.R. § 20.22 Per specimen

Take before or after legal hours:

$5.00

$350.00 $50.00

50 C.F.R. § 20.23 1-15 minutes 16-30 minutes Over 30 minutes

$100.00 $200.00 $350.00 Per specimen

Exceed daily bag limit.


Wanton waste.


Possession of birds taken in violation of Sections 20.21 through 20.24.

Possess freshly killed migratory closed season.

$150.00

bird in

Exceed possession limit taken in the U.S.

50 C.F.F. § 20.31

$50.00

$300.00 $50.00 $200.00 $50.00

50 C.F.R. § 20.32

$200.00

Per specimen

$50.00

Per specimen Possession in excess of daily limit on opening day. 50 C.F.R. § 20.34 Per specimen 50 C.F.R. § 20.35 Per specimen

35

$300.00

Per specimen

50 C.F.R. § 20.33

Possess or transport in excess of daily field limit.

$50.00

$200.00 $50.00 $200.00 $50.00 $200.00 $50.00

Leave untagged birds in place or custody of another 50 C.F.R. § 20.36 person. Per specimen

Receive or have in custody untagged birds of another.


Possess live wounded bird.


Gift of improperly tagged migratory game bird.


Transport birds taken in violation of Section 20.21 thru 20.24.


Transport untagged birds of another person.


Transport birds without species identification.


Mis- or non-marking of package/container with birds 50 C.F.R. § 20.44 transported via Postal Service or common carrier within the U.S. Per container

Export birds taken in violation of Sections 20.21 thru 20.24.


36

$150.00

$50.00

$150.00 $50.00

$150.00 $50.00

$150.00 $50.00

$200.00 $50.00

$150.00 $50.00

$200.00 $50.00

$200.00

$50.00

$200.00 $50.00


CITE

COLLATERAL

Export birds with species identification removed.


Mis/non-marking of package/container with birds exported via the Postal Service or common carrier.


Import in excess of importation limits.


Import birds of another.


Import birds with species identification removed.


Import, possess, transport, or ship birds without required export permits.


Import birds not drawn or dressed as required.


Mis- or non-marking of package/container with 50 C.F.R. § 20.66 birds imported by Postal Service or common carrier. Per specimen

Take, possess, transport, ship, or export migratory birds, their parts, eggs, or nest in violation of any other Federal law or regulation.

50 C.F.R. § 20.71

Per specimen

37

$200.00 $50.00

$200.00 $50.00

$200.00 $50.00

$200.00 $50.00

$200.00 $ 50.00

$200.00 $50.00

$200.00 $50.00

$200.00 $50.00

$200.00

$50.00


CITE

COLLATERAL

Take, possess, transport, ship, or export migratory birds, their parts, eggs, or nest in violation of state law or regulation.

50 C.F.R. § 20.72

Per specimen

Import, possess, transport, or ship any migratory birds, their parts, eggs, or nests if taken, bought, sold, transported, shipped, possessed, or exported contrary to law/regulation of any foreign country, state, or province.

50 C.F.R. § 20.73

Per specimen

Commercial facility with untagged birds of another as required by 20.36.


Violation of record-keeping requirement.

$200.00

$50.00

$200.00

$50.00

$350.00 $50.00

50 C.F.R. § 20.82

$200.00

Fail to permit inspection of premise and/or records. 50 C.F.R. § 20.83

$500.00

Purchase, sell, barter, or offer thereof, for millinery or ornamental use, the feathers of migratory birds.

$350.00


Purchase, sell, barter, or offer thereof, of mounted specimens taken by hunting.

50 C.F.R. § 20.91(b) Per specimen

Take migratory game bird for which no season has been established.


Violate crow hunting regulations.


38

$50.00

$200.00 $50.00

$350.00 $50.00

$150.00 $50.00


CITE

COLLATERAL

24) Migratory Bird Permit Regulations (50 CFR Part 21) promulgated to implement the Migratory Bird Treaty Act 16 USC § 703-712 Take, possess, import, export, transport, sell, purchase, barter or offer for sale, or purchase migratory birds or their parts, nests, or eggs without authorization.

50 C.F.R. § 21.11

Per item/specimen

$350.00

$50.00

All other permit violations.

50 C.F.R. §§ 21.12 thru 21.23

$200.00

Violation of taxidermy permit requirements.

50 C.F.R. § 21.24

$250.00

Per item/specimen

Other permit violations.

Violation of falconry permit requirement.

Take, possess, transport, sell, purchase raptors for falconry without required permit.

Take, transport, possess golden eagle for falconry without a permit.


$50.00

50 C.F.R. § 21.28

$300.00

39

$250.00

Per specimen

$50.00

50 C.F.R. § 21.28(a)

$350.00

Per specimen

$50.00

50 C.F.R. § 21.28(d)(1)

Practice falconry without required State falconry permit.

$50.00

$1,000.00

Per specimen

$500.00

50 C.F.R. § 21.28(d)(2)

$250.00


CITE

COLLATERAL

Unauthorized purchase, barter or sale of raptor.

50 C.F.R. § 21.28(d)(3) Per specimen

Take, purchase, receive, or otherwise acquire, sell, barter, transfer, or otherwise dispose of any raptor without submitting Form 3-186A (Migratory Bird Acquisition/Disposition Report).

50 C.F.R. § 21.28(d)(4)

Per specimen

Possess raptor without the required Form 3-186A.


Take, possess or transport peregrine falcon, 50 C.F.R. § 21.28(d)(7) gyrfalcon or Harris hawk without the required band. Per specimen

Sell, purchase, barter raptor without required band.


Propagate raptors without required permit.


Violation of federal falconry standard class regulations.

50 C.F.R. § 21.29(e) Per specimen

Failure to meet minimum falconry facility standards.

50 C.F.R. § 21.29(g) Per specimen

Violation of falconry marking regulations. .

50 C.F.R. § 21.29(h) Per specimen

40

$350.00 $50.00

$250.00

$50.00

$250.00 $50.00

$350.00 $50.00

$350.00 $50.00

$250.00 $50.00

$250.00 $50.00

$250.00 $50.00

$250.00 $50.00


CITE

Unauthorized take of raptor for falconry.

Care for raptor belonging to another without authorization.

COLLATERAL 50 C.F.R. § 21.29(i)

$350.00

Per specimen

$50.00

50 C.F.R. § 21.29(j)(4) Per specimen

Retain or exchange molted feathers for other than imping purposes.

Take, possess, transport, sell, purchase, barter or transfer any raptor, raptor egg or raptor semen for propagation without authorization.

Violation of raptor propagation permit conditions.

Violation of migratory bird depredation permit requirements thru 21.47.

50 C.F.R. § 21.29(j)(5)

$150.00 $50.00

$150.00

Per feather

$25.00

50 C.F.R. § 21.30(a)

$350.00

Per specimen

$50.00

50 C.F.R. § 21.30(d)

$300.00

Per specimen

$50.00

50 C.F.R. §§ 21.41

$300.00

Per specimen

$50.00

25) Bald and Golden Eagle Protection Act Regulations (50 C.F.R., Part 22) promulgated to implement the Bald and Golden Eagle Protection Act 16 USC § 668-668d; Migratory Bird Treaty Act 16 USC § 703- 713; Endangered Species Act 16 USC § 1531-1534 Take, possess, or transport a bald or golden

50 C.F.R. § 22.11

$1,000.00

eagle, part, nests or eggs thereof. Per item/specimen

Sell, purchase, barter, trade, or offer for sale, purchase, barter or trade, export or import bald or golden eagle or parts, nests, or eggs thereof.

50 C.F.R. § 22.12

Per item/specimen

41

$500.00

$1,000.00

$500.00


CITE

COLLATERAL

Violate eagle permit requirements.

50 C.F.R. §§ 22.21 thru 22.32

$300.00

26) CITES Regulations (50 C.F.R. Parts 23 and 24) promulgated to implement the Endangered

Species Act 16 USC § 1531 et seq. Import, export, re-export, or engage in international 50 C.F.R. § 23.13(a) trade with any specimen of a species listed in Appendix I, II, or III of the CITES. Appendix I


Appendix II


Appendix III

$50.00

50 C.F.R. § 23.13(b)

Appendix I


Appendix II

$100.00 $350.00

Per item/specimen

Appendix III

$75.00


42

$75.00


Introduce from the sea any specimen of a species listed in Appendix I, II, or III of the CITES.

$100.00

$50.00


CITE

COLLATERAL

Possess any specimen of a species listed in 50 C.F.R. § 23.13(c) Appendix I, II, or III of the CITES imported, exported, re-exported, introduced from the sea, or traded contrary to the provisions of the CITES, the ESA, or this part. Appendix I


Appendix II


Appendix III

$75.00 $200.00

Per item/specimen

Attempt to commit, solicit another to commit, or cause to be committed any of the activities described in paragraphs (a) through (c) of this section.

$100.00

$50.00

50 C.F.R. § 23.13(d)

Appendix I


Appendix II

$100.00 $350.00

Per item/specimen Appendix III

$75.00 $200.00

Per item/specimen

$50.00

27) Importation and Exportation of Plant Regulation (50 C.F.R. 24) promulgated to implement the Endangered Species Act 16 USC § 1538 F1; 1540 Sub Section F

Import, export, re-export plants at non-designated port.

50 C.F.R. § 24.11 Per item/specimen

43

$250.00 $50.00


CITE

COLLATERAL

28) National Wildlife Refuge System (promulgated to implement, inter alia, the National Wildlife Refuge System Administration Act, 16 U.S.C. § 668dd-668ee; the Refuge Recreation Act 16 U.S.C. § 460k and the Migratory Bird Conservation Act 16 USC § 715 (i)) NWR Administrative Provisions Failure to immediately turn in lost articles or money found on a NWR.

50 C.F.R. § 25.22

$100.00

Failure or refusal to display permit or identification upon request.

50 C.F.R. § 25.42

$150.00

Failure to pay entrance fee or display valid permit upon request.

50 C.F.R. § 25.56

$150.00

Failure to report accidents.

50 C.F.R. § 25.72

$250.00

Violation of all other administrative provisions of Part 25.

50 C.F.R. § 25.

$150.00

Trespass on a National Wildlife Refuge (NWR).

50 C.F.R. §26.2(a)

$100.00

Permit unconfined domestic animal to enter or roam at large upon any NWR.

50 C.F.R. § 26.21(b)

$100.00

Per animal

$50.00

NWR Public Entry and Use

Violation of the conditions of a NWR special use permit.

50 C.F.R. § 26.22(b)

Violation of special regulations.

50 C.F.R. § 26.33

44

$150.00

$150.00


CITE

COLLATERAL

Conduct public assembly, meeting, demonstration, 50 C.F.R. § 26.36 or parade without a permit.

$150.00

Violation of all other entry and use regulations under Part 26.

50 C.F.R. § 26

$100.00

50 C.F.R. § 27.21

$250.00

NWR Prohibited Acts Take any animal or plant without authorization.

Per item/specimen

$100.00

Travel in or use of any motorized or other vehicle except on designated route of travel.

50 C.F.R. § 27.31

$250.00

Operate a vehicle in violation of State Law.

50 C.F.R. § 27.31(a)

$150.00

Operate motor vehicle while under influence of intoxicating beverage or controlled substance.

50 C.F.R. § 27.31(b)

$500.00

Operate any vehicle carelessly or heedlessly or with wanton disregard.

50 C.F.R. § 27.31(c)

$250.00

Exceed posted speed limit:

50 C.F.R. § 27.31(d) Less than 10 MPH over posted limit More than 10 MPH over posted limit More than 20 MPH over posted limit

$100.00 $150.00 $250.00

Operate any vehicle without muffler or spark arrester.

50 C.F.R. § 27.31(e)

$150.00

Operate any vehicle without license plate, registration or insurance card.

50 C.F.R. § 27.31(f)

$150.00

45


CITE

COLLATERAL

Driving or permitting another person to drive a vehicle without a valid license.

50 C.F.R. § 27.31(g)

$150.00

Stopping, parking, or leaving any vehicle as to obstruct free movement of other vehicles.

50 C.F.R. § 27.31(h)

$150.00

Failure to obey orders of traffic control officer.

50 C.F.R. § 27.31(i)

$150.00

Operate oversized/overweight vehicle on National Wildlife Refuge (NWR).

50 C.F.R. § 27.31(j)

$150.00

Unauthorized moving of vehicle involved in an accident.

50 C.F.R. § 27.31(k)

$150.00

Operate vehicle without proper headlights, taillights, brakes or brake lights.

50 C.F.R. § 27.31(l)

$150.00

Violate all other provisions of vehicle requirements. 50 C.F.R. § 27.31(m)

$150.00

Unauthorized use of boat.

50 C.F.R. § 27.32(a)

$150.00

Operate boat in violation of U.S.Coast Guard laws.

50 C.F.R. § 27.32(b)(1)(i)

$150.00

Operate boat in violation of State laws.

50 C.F.R. § 27.32(b)(1)(ii)

$150.00

Operate boat in reckless or negligent manner.

50 C.F.R. § 27.32(b)(2)

$250.00

Operate boat while under the influence of intoxicating 50 C.F.R. § 27.32(b)(3) beverages or controlled substance.

$500.00

Operate boat so as to interfere with the operation of other boats.

50 C.F.R. § 27.32(b)(4)

$250.00

Operate boat without proper marine head.

50 C.F.R. § 27.32(b)(5)

$150.00

46


CITE

COLLATERAL

Operate sailboat at night without proper lights.

50 C.F.R. § 27.32(b)(6)

$150.00

Leave boat unattended for 72 hours.

50 C.F.R. § 27.32(b)(7)

$150.00

Unauthorized use of government-owned dock.

50 C.F.R. § 27.32(b)(8)

$150.00

Unauthorized waterskiing on NWR.

50 C.F.R. § 27.33

$150.00

Unauthorized operation of an aircraft on or over a NWR.

50 C.F.R. § 27.34

$500.00

Carry, possess, or discharge firearm, fireworks, or explosives without authorization.

50 C.F.R. § 27.41

$250.00

Unauthorized use or possession of weapons other than firearms.

50 C.F.R. § 27.43

$250.00

Disturb, injure, spear, poison, destroy, collect, or attempt thereto any plant or animal on a NWR.

50 C.F.R. § 27.51

$500.00

Per item/specimen

Introduce or liberate onto NWR any animal or plant taken elsewhere.

50 C.F.R. § 27.52

$100.00

$150.00

Per item/specimen

$50.00

Destruction/removal of property on/from a NWR.

50 C.F.R. § 27.61

$250.00 + Repair/ Replacement Cost

Search for objects of antiquity on a NWR without authorization.

50 C.F.R. § 27.62


Remove objects of antiquity from a NWR without authorization.

50 C.F.R. § 27.62


47


CITE

Unauthorized search for other valued objects.

50 C.F.R. § 27.63(a)


Conduct archeological studies without authorization.50 C.F.R. § 27.63(b)


Prospect, locate or file mining claims on a NWR.

50 C.F.R. § 27.64


Tamper with vehicles and/or other equipment on a NWR.

50 C.F.R. § 27.65

$500.00 + Repair Cost

Take or film motion or sound pictures on a NWR for commercial use without authorization.

50 C.F.R. § 27.71

$250.00

Operate or use audio devices on a NWR so as to cause disturbance to others.

50 C.F.R. § 27.72

$150.00

Unauthorized use of artificial lights on a NWR to locate or spot wildlife.

50 C.F.R. § 27.73

$250.00

Unauthorized use of artificial lights on a NWR for the purpose of taking animals.

50 C.F.R. § 27.73

$500.00

Entering or remaining on a NWR while under the influence alcohol.

50 C.F.R. § 27.81

$200.00

Deliver any controlled substance on a NWR.

50 C.F.R. § 27.82(b)(1)

M.A.

Possess any controlled substance on a NWR.

50 C.F.R. § 27.82(b)(2)

M.A.

Presence in a NWR while under the influence of controlled substance.

50 C.F.R. § 27.82(b)(3)

M.A.

Indecency or disorderly conduct on a NWR.

50 C.F.R. § 27.83

$250.00

48

COLLATERAL


CITE

COLLATERAL

Disturbing, molesting, or interfering with an official 50 C.F.R. § 27.84 in performance of duty or, private persons engaged in authorized activity.

$500.00

Gambling on a NWR.

50 C.F.R. § 27.85

$150.00

Begging or soliciting funds on a NWR.

50 C.F.R. § 27.86

$100.00

Violation of field trial prohibition.

50 C.F.R. § 27.91

$150.00

Construct, install, occupy, or maintain private structure on a NWR.

50 C.F.R. § 27.92

$500.00 + Removal Cost

Abandon private property on a NWR.

50 C.F.R. § 27.93


Littering on a NWR.

50 C.F.R. § 27.94(a)

Dumping of refuse or wastes on a NWR.

50 C.F.R. § 27.94(a)

$500.00 + Clean Up Cost

Depositing any environmental contaminate on a NWR.

50 C.F.R. § 27.94(a)

$1,000.00 + Clean Up Cost

Violation of sanitary regulations.

50 C.F.R. § 27.94(b)

Setting or causing a fire on a NWR.

50 C.F.R. § 27.95(a)

Unauthorized campfire on a NWR.

50 C.F.R. § 27.95(a)

$150.00

Unattended campfire/throw lighted substance.

50 C.F.R. § 27.95(b)&(c)

$150.00

Smoking violations.

50 C.F.R. § 27.95(d)

$150.00

49

$250.00

$150.00



CITE

COLLATERAL

Unauthorized advertising on a NWR

50 C.F.R. § 27.96

Soliciting or conducting a commercial enterprise on a NWR.

50 C.F.R. § 27.97

$250.00

50 C.F.R. § 31.16

$150.00

Each animal unlawfully trapped

$100.00


NWR Trapping Regulations Violation of federal or state trapping laws/regulations.

NWR Hunting & Fishing Regulations Hunt without possessing state license.

50 C.F.R. § 32.2(a)

$250.00

Hunt without federal duck stamp.

50 C.F.R. § 32.2(b)

$150.00

50 C.F.R. § 32.2(c)

$150.00

Failure to comply with state laws and regulations.

50 C.F.R. § 32.2(d)

$150.00

Failure to comply with terms and conditions authorizing access or use of wildlife refuge areas.

50 C.F.R. § 32.2(e)

$150.00

Failure to comply with refuge special hunting regulations.

50 C.F.R. § 32.2(f)

$150.00

Use/possession of drug on arrow for bow hunting on a NWR.

50 C.F.R. § 32.2(g)

$250.00

Hunt in violation of other federal regulations.

laws or

50


CITE

COLLATERAL

Unauthorized use of bait and hunting over bait.

50 C.F.R. § 32.2(h) Per Animal

$500.00 $50.00

Unauthorized use of nails, wires, bolts to attach a stand to a tree.

50 C.F.R. § 32.2(i)

$150.00

Use/possession of alcohol while hunting on a NWR.

50 C.F.R. § 32.2(j)

$500.00

Fishing on a NWR without possessing state license. 50 C.F.R. § 32.5(a)

$250.00

Violation of Federal, State or refuge specific fishing 50 C.F.R. §§ 32.5(b) regulations. thru 32.5(e)

$150.00

Each fish unlawfully kept

$50.00

WILDLIFE/PROPERTY FORFEITURE ORDER Unless otherwise specifically ordered by a United States Court, any fish, wildlife or plant which has been seized under the authority of the Migratory Bird Treaty Act, 16 USC 703-711; the National Wildlife Refuge Systems Administration Act, 16 USC 668dd-668ee; the National Recreation Areas Act, 16 USC 460K; the Upper Mississippi River Wildlife and Fish Refuge Act, 16 USC 721-731; the Eagle Protection Act, 16 USC 668-668e; the Endangered Species Act, 16 USC 1531-1542; the Migratory Waterfowl Hunting Stamp Act, 16 USC 718-718i; the Airborne Hunting Act, 16 USC 742j-1; the Marine Mammal Protection Act, 16 USC 1361-1407; the Tariff Classification Act, 19 USC 1202; the Lacey Act, 18 USC 42; the Lacey Act Amendments of 1981, 16 USC 3371-3378; the American Antiquities Act, 16 USC 433; the African Elephant Conservation Act, 16 USC 4201-4245; the Rhinoceros and Tiger Conservation Act, 16 USC 5301-5306; the Archaeological Resources Protection Act, 16 USC 470aa et seq; or the Native American Graves Protection and Repatriation Act, 25 USC 3001 & 18 USC 1170, where the final disposition of the case has been made by either payment of a forfeiture of collateral or a judgment by the Court on behalf of the government and where so authorized by statute, such wildlife, or plant shall be forfeited to the U.S. Government and disposed of by the U.S. Fish and Wildlife Service in the manner prescribed by Title 50, Code of Federal Regulations, Part 12. -51-

4. Security and Law Enforcement at VA Facilities 38 C.F.R. § 1.218 subsection

Penalty

(3)

Throwing of articles from a building or the unauthorized climbing upon any part of a building

$50

(5)

Defacement, destruction, mutilation or injury to, or removal, or disturbance of, gravemarker or headstone

$500

(6)

Failure to comply with signs of a directive and restrictive nature posted for safety purposes

$50

(9)

Unauthorized demonstration or service in a national cemetery or on other VA property

$250

(10)

Creating a disturbance during a burial ceremony

$250

(11)

Disorderly conduct which creates loud, boisterous, and unusual noise, or which obstructs the normal use of entrances, exits, foyers offices, corridors, elevators, and stairways or which tends to impede or prevent the normal operation of a service or operation of the facility

$250

(16)

Entering premises under the influence of alcoholic beverages or narcotic drugs, hallucinogens, marijuana, barbiturates or amphetamines

$200

(17)

Unauthorized use on property of alcoholic beverages or narcotic drugs, hallucinogens, marijuana, barbiturates, or amphetamines

$300

(19)

Unauthorized solicitation of alms and contributions on premises

$50

(20)

Commercial soliciting or vending, or the collection of private debts on property

$50

(21)

Distribution of pamphlets, handbills, and flyers

$25

(22)

Display of placards or posting of material on property

$25

(23)

Unauthorized photography on premises

$50

(35)

Creating excessive noise in a hospital or cemetery zone by muffler cut out, excessive use of a horn, or other means

$50

(38)

Introduction or possession of explosives, or explosive devices which fire a projectile, ammunition, or combustibles

$500

-52-

(39)

Possession of knives which exceed a blade length of 3 inches; switchblades knives; any of the variety of hatchets, clubs and hand-held weapons; brass knuckles

$300

(40)

The unauthorized possession of any of the variety of incapacitating liquid or gas emitting weapons

$200

(41)

Unauthorized possession, manufacture, or use of keys or barrier card-type keys to rooms or areas on the property

$200

(42)

The surreptitious opening, or attempted opening, of locks or card-operated barrier mechanisms on property

$500

APPENDIX E. LIST OF PETTY OFFENSES AND MINIMUM FINES

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