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found, resides, or transacts business to collect the penalty and such court shall have
jurisdiction to hear and decide any such action. The court shall hear such action on
the record made before the Secretary and shall sustain his action if it is supported
by substantial evidence on the record considered as a whole.
(2) Hearings held during proceedings for the assessment of civil penalties autho-
rized by paragraph (1) of this subsection shall be conducted in accordance with sec-
tion 554 of title 5, United States Code. The Secretary may issue subpoenas for the
attendance and testimony of witnesses and the production of relevant papers, books,
and documents, and administer oaths. Witnesses summoned shall be paid the same
fees and mileage that are paid to witnesses in the courts of the United States. In
case of contumacy or refusal to obey a subpoena served upon any person pursuant
to this paragraph, the district court of the United States for any district in which
such person is found or resides or transacts business, upon application by the United
States and after notice to such person, shall have jurisdiction to issue an order re-
quiring such person to appear and give testimony before the Secretary or to appear
and produce documents before the Secretary, or both, and any failure to obey such
order of the court may be punished by such court as a contempt thereof.
(3) Notwithstanding any other provision of this Act, no civil penalty shall be im-
posed if it can be shown by a preponderance of the evidence that the defendant
committed an act based on a good faith belief that he was acting to protect himself
or herself, a member of his or her family, or any other individual from bodily harm,
from any endangered or threatened species.
(b) C
RIMINAL VIOLATIONS.—(1) Any person who knowingly violates any provision
of this Act, of any permit or certificate issued hereunder, or of any regulation issued
in order to implement subsection (a)(1)(A), (B), (C), (D), (E), or (F); (a)(2)(A), (B),
(C), or (D), (c), (d) (other than a regulation relating to recordkeeping, or filing of
reports), (f), or (g) of section 9 of this Act shall, upon conviction, be fined not more
than $ 50,000 or imprisoned for not more than one year, or both. Any person who
knowingly violates any provision of any other regulation issued under this Act shall,
upon conviction, be fined not more than $ 25,000 or imprisoned for not more than six
months, or both.
(2) The head of any Federal agency which has issued a lease, license, permit, or
other agreement authorizing a person to import or export fish, wildlife, or plants, or
to operate a quarantine station for imported wildlife, or authorizing the use of Fed-
eral lands, including grazing of domestic livestock, to any person who is convicted of
a criminal violation of this Act or any regulation, permit, or certificate issued here-
under may immediately modify, suspend, or revoke each lease, license, permit, or
other agreement. The Secretary shall also suspend for a period of up to one year, or
cancel, any Federal hunting or fishing permits or stamps issued to any person who
is convicted of a criminal violation of any provision of this Act or any regulation,
permit, or certificate issued hereunder. The United States shall not be liable for the
payments of any compensation, reimbursement, or damages in connection with the
modification, suspension, or revocation of any leases, licenses, permits, stamps, or
other agreements pursuant to this section.
(3) Notwithstanding any other provision of this Act, it shall be a defense to prosecu-
tion under this subsection if the defendant committed the offense based on a good
faith belief that he was acting to protect himself or herself, a member of his or her
family, or any other individual, from bodily harm from any endangered or threatened
species.