[Federal Register Volume 90, Number 157 (Monday, August 18, 2025)]
[Rules and Regulations]
[Pages 40045-40046]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-15720]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 11
[Docket No. FWS-HQ-LE-2025-0001; FF09L00200-FX-LE12200900000]
RIN 1018-BI02
Civil Penalties; 2025 Inflation Adjustments for Civil Monetary
Penalties
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Final rule.
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SUMMARY: The U.S. Fish and Wildlife Service (Service or we) issues this
final rule to adjust for inflation the statutory civil monetary
penalties that may be assessed for violations of Service-administered
statutes and their implementing regulations. We issue this rule in
accordance with the Federal Civil Penalties Inflation Adjustment Act
Improvements Act of 2015 (the 2015 Act) and Office of Management and
Budget (OMB) memorandum M-25-02. We are required to adjust civil
monetary penalties annually for inflation according to a formula
specified in the 2015 Act. This rule replaces the previously issued
amounts with the updated amounts after using the 2025 inflation
adjustment multiplier provided in M-25-02.
DATES: This rule is effective August 18, 2025.
ADDRESSES: This rule may be found on the internet at https://www.regulations.gov in Docket No. FWS-HQ-LE-2025-0001.
FOR FURTHER INFORMATION CONTACT: William Stull, Special Agent in
Charge, Headquarters Investigations Unit, U.S. Fish and Wildlife
Service, Office of Law Enforcement, (470) 512-0690. Individuals in the
United States who are deaf, deafblind, hard of hearing, or have a
speech disability may dial 711 (TTY, TDD, or TeleBraille) to access
telecommunications relay services. Individuals outside the United
States should use the relay services offered within their country to
make international calls to the point-of-contact in the United States.
SUPPLEMENTARY INFORMATION:
Background
The regulations at 50 CFR part 11 provide uniform rules and
procedures for the assessment of civil penalties resulting from
violations of certain laws and regulations enforced by the Service.
Under section 4 of the Federal Civil Penalties Inflation Adjustment Act
of 1990, 28 U.S.C. 2461 note (the Inflation Adjustment Act), as amended
by the 2015 Act, each Federal agency must issue regulations adjusting
for inflation the statutory civil monetary penalties (civil penalties)
that can be imposed under the laws administered by that agency. The
2015 Act (sec. 701 of Pub. L. 114-74) amended the Inflation Adjustment
Act to require Federal agencies to adjust their civil monetary
penalties with an initial ``catch up'' adjustment through rulemaking in
2016 and then make subsequent annual adjustments for inflation. The
purpose of these adjustments is to maintain the deterrent effect of
civil penalties and to further the policy goals of the underlying
statutes.
The 2015 Act provided that the initial ``catch up adjustment'' take
effect no later than August 1, 2016, followed by subsequent adjustments
no later than January 15 every year thereafter. This final rule adjusts
the civil penalty amounts that may be imposed pursuant to each
statutory provision beginning on the date specified above in the DATES
caption above. On June 28, 2016, the Service published in the Federal
Register (81 FR 41862) an interim rule that revised 50 CFR part 11 to
carry out the Inflation Adjustment Act. The Service subsequently
published a final rule to that interim rule on December 23, 2016 (81 FR
94274). The Service has published final rules every year thereafter,
further adjusting the civil penalty amounts in 50 CFR 11.33 per OMB
guidance:
82 FR 6307, January 19, 2017;
83 FR 5950, February 12, 2018;
84 FR 15525, April 16, 2019;
85 FR 10310, February 24, 2020;
86 FR 15427, March 23, 2021;
87 FR 13948, March 11, 2022;
88 FR 5796, January 30, 2023; and
89 FR 7295, February 2, 2024.
This final rule adjusts the 2024 civil monetary penalty amounts
codified at 50 CFR 11.33 by using the 2025 inflation multiplier
provided by OMB in M-25-02, ``Implementation of Penalty Inflation
Adjustments for 2025, Pursuant to the Federal Civil Penalties Inflation
Adjustment Act Improvements Act of 2015.'' The cost-of-living
adjustment multiplier for 2025 is 1.02598. Therefore, we multiplied
each penalty in the table in 50 CFR 11.33 by 1.02598 to obtain the 2025
annual adjustment. The new amounts are reflected in the table in the
rule portion of this document and replace the current amounts in 50 CFR
11.33.
[[Page 40046]]
Required Determinations
Regulatory Planning and Review (Executive Orders 12866 and 13563)
Executive Order (E.O.) 12866, as reaffirmed by E.O. 13563, provides
that OMB's Office of Information and Regulatory Affairs (OIRA) will
review all significant rules. OIRA has determined that this rule is not
significant.
In addition, in this final rule, we affirm the required
determinations that we made in the June 28, 2016, interim rule (81 FR
41862). For descriptions of our actions to ensure compliance with the
following statutes and Executive orders, see that interim rule:
National Environmental Policy Act (42 U.S.C. 4321 et
seq.);
Regulatory Flexibility Act (5 U.S.C. 601 et seq.);
Small Business Regulatory Enforcement Fairness Act (5
U.S.C. 804(2));
Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.);
Unfunded Mandates Reform Act (2 U.S.C. 1501 et seq.); and
Executive Orders 12630, 12988, 13132, 13175, and 13211.
Administrative Procedure Act
Section 553(b) of the Administrative Procedure Act (5 U.S.C. 551 et
seq.) provides that, when an agency for good cause finds that notice
and public procedure are impracticable, unnecessary, or contrary to the
public interest, the agency may issue a rule without providing notice
and an opportunity for prior public comment. Additionally, under the
2015 Act, agencies must adjust their civil penalties notwithstanding
the notice and comment requirements of section 553. See M-25-02, p. 4.
Finally, the Service finds that providing for public comment before
issuing this rule is unnecessary as this rulemaking is a
nondiscretionary action. The Service is required to publish this rule
to update the civil penalty amounts by the specified formula described
above. The Service has no discretion to vary the amount of the
adjustment to reflect any views or suggestions provided by commenters.
Since this update to the February 2, 2024, final rule (89 FR 7295) is
merely ministerial, we find that pre-publication notice and public
comment with respect to the revisions set forth in this rule is
unnecessary. We also posit that we have good cause under 5 U.S.C.
553(d) to make this rule effective upon publication.
List of Subjects in 50 CFR Part 11
Administrative practice and procedure, Exports, Fish, Imports,
Penalties, Plants, Transportation, Wildlife.
Regulation Promulgation
For the reasons described above, we amend part 11, subchapter B of
chapter I, title 50 of the Code of Federal Regulations as set forth
below.
PART 11--CIVIL PROCEDURES
0
1. The authority citation for part 11 continues to read as follows:
Authority: 16 U.S.C. 470aa-470mm, 470aaa-470aaa-11, 668-668d,
1361-1384, 1401-1407, 1531-1544, 3371-3378, 4201-4245, 4901-4916,
5201-5207, 5301-5306; 18 U.S.C. 42-43; 25 U.S.C. 3001-3013; and Sec.
701, Pub. L. 114-74, 129 Stat. 599, unless otherwise noted.
0
2. Revise the table in Sec. 11.33 to read as follows:
Sec. 11.33 Adjustments to penalties.
* * * * *
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Maximum civil
Law Citation Type of violation monetary penalty
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(a) African Elephant Conservation Act.. 16 U.S.C. 4224(b)........ Any violation............ $13,132
(b) Bald and Golden Eagle Protection 16 U.S.C. 668(b)......... Any violation............ 16,590
Act.
(c) Endangered Species Act of 1973..... 16 U.S.C. 1540(a)(1)..... (1) Knowing violation of 65,653
section 1538.
(2) Other knowing 31,513
violation.
(3) Any other violation.. 1,659
(d) Lacey Act Amendments of 1981....... 16 U.S.C. 3373(a)........ (1) Violations referred 33,181
to in 16 U.S.C.
3373(a)(1).
(2) Violations referred 829
to in 16 U.S.C.
3373(a)(2).
(e) Marine Mammal Protection Act of 16 U.S.C. 1375........... Any violation............ 33,181
1972.
(f) Recreational Hunting Safety Act of 16 U.S.C. 5202(b)........ (1) Violation involving 21,114
1994. use of force or violence
or threatened use of
force or violence.
(2) Any other violation.. 10,556
(g) Rhinoceros and Tiger Conservation 16 U.S.C. 5305a(b)(2).... Any violation............ 23,097
Act of 1998.
(h) Wild Bird Conservation Act of 1992. 16 U.S.C. 4912(a)(1)..... (1) Violation of section 55,652
4910(a)(1), section
4910(a)(2), or any
permit issued under
section 4911.
(2) Violation of section 26,711
4910(a)(3).
(3) Any other violation.. 1,114
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Kevin Lilly,
Acting Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 2025-15720 Filed 8-15-25; 8:45 am]
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