Alert! Fish And Wildlife Service Pushes Out Significant Penalty Increases For Civil Non-Compliance

What You Need to Know

• Key takeaway #1 The Fish & Wildlife Service increases its civil penalties for non-compliance with an impressive jump of approximately 2.59 % from the agency's 2024 levels.
• Key takeaway #2 Affected businesses range from importers and exporters of many types of plants and animals and their products, global and domestic e-commerce trade dealers and retailers to domestic companies involved in the construction, chemical, and energy fields.
• Key takeaway #3 Businesses maintaining up-to-date and strong compliance programs and an understanding of the agency's enforcement programs go a long way in avoiding infractions or negotiating resolutions.

The U.S. Fish and Wildlife Service (FWS) published a final rule on August 18, 2025, increasing civil penalties for violations of various animal and wildlife protection statutes implemented by the agency that potentially impact, for instance, global energy and chemical industries, e-commerce trade businesses, and construction companies, to name a few.

Federal agencies are required by the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015, (section 701 of Pub. L. 114-74), to publish annual updates to its civil penalties by January 15^th each year. However, while the new penalty amounts go into effect immediately, they apply to violations occurring on or after August 18, 2025.

Key statutes include the Endangered Species Act (ESA), the Marine Mammal Protection Act (MMPA), the Lacey Act, and the Bald and Golden Eagle Protection Act (BGEPA).¹

For the complete list and information on FWS penalties see 50 CFR 11 (90 FR 40045). Highlighted below are new civil penalties for infractions of those statutes with the highest levels of FWS enforcement:

FWS-regulated businesses and individuals should take note of these increases. While violations of the wildlife protection statutes enforced by FWS may not always result in a maximum penalty, these penalty amounts guide FWS enforcement personnel in determining which actions to pursue and, in some cases, whether to upgrade the matter to a criminal assessment.

The agency considers factors such as "the seriousness of the violation" or "the violator's good faith efforts to comply." As demonstrated above, penalties can substantially add up for continuing offenses that either go unnoticed by companies or involve large, consecutive shipments of goods containing wildlife products arriving from around the world, ranging from luxury leather products to popular cosmetics products.

However, with strong compliance programs in place, and active coordination with agency personnel, the FWS is often open to negotiation of any resulting fine assessment⁶ Crowell will continue to monitor enforcement trends in this area of wildlife trade and protection laws.

Footnotes

_{1. Note, in April 2025, regarding the Migratory Bird Treaty Act, 16 U.S.C. §§ 703-712, the Trump Administration issued a legal opinion providing incidental take exemptions for industries being held accountable for the unintentional, but foreseeable, killing of birds during industrial activities. Thus, statutory penalties will only apply to intentional acts.}

2. BGEPA (Bald and Golden Eagle Protection Act), 16 USC § 668(b).

3. ESA (Endangered Species Act), 16 USC § 1540(a)(1).

4. Lacey Act, 16 USC § 3373.

5. MMPA (Marine Mammal Protection Act), 16 USC § 1375.6

6. Other statutes listing the new civil fines include the following:

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.