Statutes and Laws

Statutes Governing Wildlife and Pesticides

U.S. Code	Title	Intent	Fine/Penalty

16 U.S.C. 688-668C	Eagle Protection	Prohibits import, export, taking of	Civil: $5,000
	Act 1940	bald and golden eagles.	Criminal: $100,000/one year,
			$250,000/two years (second
			offense)

16 U.S.C. 703-712	fMigratory Bird	Prohibits hunting, taking, possession,	Criminal: $25,000/six months,
	Treaty Act 1918	etc., of migratory birds.	$250,000/two years (felony
			sale)

16 U.S.C. 718	Migratory Bird hunting,	Requires hunting stamps prior to	Criminal: $25.000/six months
	and Conservation Stamp	taking migratory waterfowl.
	Act 1934

18 U.S.C. 42;	Lacey Act 1981	Ensures humane treatment for wildlife	Civil: $10,000
16 U.S.C. 3371-3378		shipped to U.S. Controls smuggling/	Criminal: $100,000/one year
		trade in illegally taken fish and	$250,000/five years
		wildlife.	(felony sale/purchase)

16 U.S.C. 1361-1407	Marine Mammal Protection	Moratorium on taking and importation	Civil: $10,000
	Act 1972	of marine mammals. Defines federal	Ciminal: $100,000/one year
		responsibility for conservation of
		marine mammals.

16 U.S.C. 742j-1	The Airborne Hunting Act	Prohibits taking wildlife from aircraft	Criminal: $100,000/one year.
	1956	except when protecting wildlife,	Allows forfeiture of guns,
		livestock, or human health.	aircraft, and equipment.

16 U.S.C. 668dd-668ee	National Wildlife Refuge	Guidelines and directives for mange-	Criminal: $100,000/one year
	System Administration Act	ment of wildlife refuges and areas
	1966	for protection of fish, wildlife, etc.

16 U.S.C. 1521-1453	Endangered Species Act	Prohibits importation, taking, etc., of	Civil: $25,000
	1973	fish, wildlife, and plants that are listed	Criminal: $100,000/one year
		as threatened and endangered. Also	(knowing violation)
		implements the convention or
		international trade in endangered
		species of wild fauna and flora
		(CITES).

16 U.S.C. 721-731	Upper Mississippi Refuge	Guidelines for the upper Mississippi	Criminal: $25,000/six months.
		National Wildlife and Fish Refuge.	Forfeiture of fish, wildlife,
			guns, fishing equipment, and
			boats used contrary to the
			statute.

16 U.S.C. 4901 et seq.	Wild Bird Conservation	Moratorium on all imports of exotic	Civil: $25,000
	Act 1992	birds except for scientific research,	Criminal: 2 years
		breeding, personally owned pets.

7 ;U.S.C. 121-136y	Federal Insecticide,	Registration of pesticides; risk/benefit	Civil: $5,000 (companies
	Fungicide, and Rodenticide	standard; data requirements.	and commercial), $1,000
	Act 1947*		(farmer). Criminal: $50,000/
			one year (companies),
			$25,000/one year (applicator),
			$1,000/30 days (farmer).

33 U.S.C. 2401-2410	Organotin Antifouling	Prohibits use of antifouling paints on	Civil: $5,000
	Paint Control Act 1988	ships <25 meters; toxicity to shellfish.	Criminal: $25,000/one year.

16 U.S.C. 4701-4751	Aquatic Nuisance	Research into environmental effects	Civil: $25,000/day
	Prevention and Control	of ballast; zebra mussel demonstration	Criminal: $250,000 (indiv.) or
	Act 1990	project; prevention and control of	2 x value of the loss or damage
		aquatic nuisance species.	$500,000 (corp.) or 2 x the
			value of the loss or pecuniary
			gain/0-25 years

*The first legislation regulating pesticide use was the Insecticide Act of 1910.

Authored by Fred Whitford, et al.

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Statutes Governing Wildlife and Pesticides

U.S. Code

Title

Intent

Fine/Penalty