sion of lawfully obtained injurious wildlife taxa within a 
State is intended to be a matter of State law and not to 
be Federally regulated or to require a Federal permit 
under this Act. 
(b) IN GENERAL.—Except as provided in subsection 
(c), nothing in this Act, or in the regulations and deter-
minations to be promulgated or issued by the Secretary 
or the Service under this Act, preempts or otherwise af-
fects the application of any State law that establishes 
more stringent requirements for— 
(1) the importation, transportation, possession, 
sale, purchase, release, breeding of, or bartering for, 
or any other transaction involving, any nonnative 
wildlife taxon; or 
(2) the prevention of wildlife pathogens and 
harmful parasites. 
(c) LIMITATION ON APPLICATION OF PROHIBITIONS 
TO PREVENT RELEASE.—The Service may limit the appli-
cation of this Act to facilitate implementation of any 
State, local, or tribal program that results in voluntary 
surrender of regulated nonnative wildlife, if the Service de-
termines that the limitation will prevent the release of that 
wildlife. 
SEC. 15. PENALTIES AND SANCTIONS. 
(a) CIVIL PENALTIES.— 
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(1) CIVIL ADMINISTRATIVE PENALTIES.— 
(A) IN
GENERAL.—Any person who is 
found by the Secretary, after notice and oppor-
tunity for a hearing conducted in accordance 
with section 554 of title 5, United States Code, 
to have committed any act prohibited by section 
11 shall be liable to the United States for a 
civil penalty in an amount not to exceed 
$10,000 for each violation. 
(B) SUBPOENA POWER.—For the purposes 
of conducting any investigation or hearing 
under this Act, the Secretary may— 
(i) issue subpoenas for the attendance 
and testimony of witnesses and the produc-
tion of relevant papers, books, and docu-
ments; and 
(ii) administer oaths. 
(2) CIVIL JUDICIAL PENALTIES.—Any person 
who violates any provision of this Act, or any regula-
tion promulgated or permit issued under this Act, 
shall be subject to a civil penalty in an amount not 
to exceed $500 for each such violation. 
(b) CRIMINAL OFFENSES.—Any person who know-
ingly violates any provision of this Act, or any regulation 
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promulgated or permit issued under this Act, shall, upon 
conviction, be guilty of a class A misdemeanor. 
(c) NATURAL RESOURCE DAMAGES.—All costs relat-
ing to the mitigation of injury caused by a violation of 
this Act shall be borne by the person that violated this 
Act. 
(d) ENFORCEMENT.— 
(1) OTHER POWERS AND AUTHORITIES.—Any 
person authorized by the Secretary to enforce this 
Act shall have the same authorities as are described 
in section 6 of the Lacey Act Amendments of 1981 
(16 U.S.C. 3375). 
(2) FORFEITURE.— 
(A) IN GENERAL.—A person who is deter-
mined to have violated any provision of this Act 
shall forfeit to the United States— 
(i) any property, real or personal, 
taken or retained in connection with or as 
a result of the offense; and 
(ii) any property, real or personal, 
used or intended to be used to commit or 
to facilitate the commission of the offense. 
(B) DISPOSAL OF PROPERTY.—Upon the 
forfeiture to the United States of any property 
or item described in clause (i) or (ii) of sub-
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paragraph (A), or upon the abandonment or 
waiver of any claim to any such property or 
item, the property or item shall be disposed of 
by the Secretary in a manner consistent with 
the purpose of this Act. 
(e) APPLICATION OF CUSTOMS LAWS.—All powers, 
rights, and duties conferred or imposed by the customs 
laws upon any officer or employee of the Customs Service 
may, for the purpose of this Act, be exercised or performed 
by the Secretary, or by such officers or employees of the 
United States as the Secretary may designate. 
SEC. 16. INJURIOUS WILDLIFE PREVENTION FUND. 
(a) ESTABLISHMENT.—There is established in the 
Treasury of the United States a Fund, to be known as 
the ‘‘Injurious Wildlife Prevention Fund’’, to be adminis-
tered by the Secretary, and to be available without fiscal 
year limitation and subject to appropriation, for use in ac-
cordance with subsection (c). 
(b) TRANSFERS TO FUND.— 
(1) IN GENERAL.—The Fund shall consist of 
such amounts as are appropriated to the Fund 
under paragraph (2). 
(2) FEES AND PENALTIES.—There are appro-
priated to the Fund, out of funds of the Treasury 
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not otherwise appropriated, amounts equivalent to 
amounts collected— 
(A) as user fees and received in the Treas-
ury under section 13(a); 
(B) as civil administrative or judicial pen-
alties under section 15; and 
(C) as a civil penalty for any violation of 
section 42 of title 18, United States Code (in-
cluding a regulation promulgated under that 
section). 
(c) USE OF FUNDS.— 
(1) IN GENERAL.—Of the amounts deposited in 
the Fund for a fiscal year— 
(A) 75 percent shall be available to the 
Secretary for use in carrying out this Act (other 
than paragraph (2)); and 
(B) 25 percent shall be used by the Sec-
retary to carry out paragraph (2). 
(2) AID FOR STATE WILDLIFE RISK ASSESS-
MENTS.— 
(A) IN GENERAL.—The Secretary shall es-
tablish a program to provide natural resource 
assistance grants to States for use in sup-
porting best practices and capacity-building by 
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