On June 28, 2016, U.S. Fish and Wildlife Service announced the implementation of an interim rule revising the civil procedures for the assessment of 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 statutory civil monetary penalties, which may be assessed for violations of Service-administered statutes and their implementing regulations, for inflation every year after August 1, 2016.

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

Endangered Species Act of 1973
16 U.S.C. 1540(a)(1)
Knowing violation of section 1538 – $49,467

16 U.S.C. 1540(a)(2)
Other knowing violation – $23,744

16 U.S.C. 1540(a)(3)
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. Comments on the rule should be submitted to the U.S. Fish and Wildlife Service – comments must be received or postmarked on or before August 29, 2016. Please send an email to Deringer’s Compliance Department with any questions.