2023 Inflation Adjustments to Civil Penalties for Violations of Wildlife Protection Laws Announced
2023 Inflation Adjustments to Civil Penalties for Violations of Wildlife Protection Laws Announced

This January, the Department of the Interior and the Department of Commerce announced updated civil monetary penalties for violations of federal wildlife and natural resource protection laws including the Endangered Species Act (ESA), Marine Mammal Protection Act (MMPA), Bald and Golden Eagle Protection Act (BGEPA), Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens), Lacey Act, National Marine Sanctuaries Act (NMSA), and others.

The Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 requires federal agencies to adjust their civil penalties for inflation no later than January 15 of each year, in order to ensure that civil monetary penalties for violations of federal law retain their deterrent effects and to further the policy goals of the underlying statutes. The adjustment is based on the annual cost-of-living adjustment multiplier; in 2023, that multiplier was 1.07745, resulting in an increase of 7.745% in the maximum civil penalties that can be assessed.

The United States Fish and Wildlife Service (Service) is the agency within the Department of the Interior responsible for enforcing the ESA, BGEPA, MMPA, and Lacey Act. Its 2023 inflation adjustments for civil monetary penalties were published in the Federal Register on January 30, 2023, at 88 Fed. Reg. 5,796, and the Service’s adjusted penalties took effect on publication of the rule.

The Department of Commerce published a list of inflation adjustments for all of the agencies within it on January 3, 2023, at 88 Fed. Reg. 3. That list includes adjustments to penalties assessed by the National Oceanic and Atmospheric Administration (NOAA), including penalties assessed by NOAA Fisheries (also known as the National Marine Fisheries Service) for violations of the ESA, MMPA, NMSA, Magnuson-Stevens, and Lacey Act.

The Department of Commerce’s 2023 civil monetary penalty inflation adjustments were effective January 15, 2023, and apply to those penalties assessed by the Department of Commerce after the effective date of the penalty adjustment (but before the effective date of next year’s adjustments), including penalties for violations that predated the effective date of the adjustment.

The adjustments for the laws listed in this post are below.

U.S. Fish and Wildlife Service Adjustments:

Law Citation Type of Violation Maximum Civil Monetary Penalty
Bald and Golden Eagle Protection Act 16 U.S.C. § 668(b) Any violation $15,662
Endangered Species Act 16 U.S.C. § 1540(a)(1)

(1) Knowing violation of section 1538 (take prohibition)

(2) Other knowing violation

(3) Any other violation

(1) $61,982

(2) $29,751

(3) $1,566

Lacey Act Amendments of 1981

16 U.S.C. § 3373(a)

(1) Violations referred to in 16 U.S.C. § 3373(a)(1)

(2) Violations referred to in 16 U.S.C. § 3373(a)(2)

(1) $31,326

(2) $783

Marine Mammal Protection Act 16 U.S.C. § 1375 Any violation $31,326

NOAA Fisheries Adjustments:

Law Citation Type of Violation Maximum Civil Monetary Penalty
Marine Mammal Protection Act 16 U.S.C. § 1375 Any violation

$34,457 (previously $31,980)

National Marine Sanctuaries Act 16 U.S.C. § 1437(d)(1) Any violation

$210,161 (previously $195,054)

Endangered Species Act 16 U.S.C. § 1540(a)(1)

(1) Knowing violation of section 1538 (take prohibition)

(2) Other knowing violation

(3) Any other violation

(1) $61,982 (previously $57,527)

(2) $29,751 (previously $27,612)

(3) $2,037 (previously $1891)

Magnuson-Stevens Fishery Conservation and Management Act 16 U.S.C. § 1858 Any violation

$223,229 (previously $207,183)

Lacey Act Amendments of 1981 16 U.S.C. § 3373(a)

(1) Violations referred to in 16 U.S.C. § 3373(a)(1)

(2) Violations referred to in 16 U.S.C. § 3373(a)(2)(1)

(1) $31,908 (previously $29,614)

(2) $797 (previously $740)

These amounts are maximum penalties for violations under the listed laws. The actual penalties assessed for specific violations may be set by the agencies depending on several factors. NOAA’s Office of the General Counsel (Enforcement Section) has published a Policy for the Assessment of Civil Administrative Penalties and Permit Sanctions that provides guidance on determining the penalty to be assessed for specific types of violations.

  • Ed  Roggenkamp
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    Ed Roggenkamp is a seasoned litigator focused on resolving complex environmental matters. Ed uses his skills as a former professional actor and teacher to help his clients win environmental cases, by explaining complex technical ...

Nossaman’s Endangered Species Law & Policy blog focuses on news, events, and policies affecting endangered species issues in California and throughout the United States. Topics include listing and critical habitat decisions, conservation and recovery planning, inter-agency consultation, and related developments in law, policy, and science. We also inform readers about regulatory and legislative developments, as well as key court decisions.

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