UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ALABAMA
*
IN RE: FORFEITURE OF *
COLLATERAL IN LIEU OF * STANDING ORDER NO. 1
APPEARANCE *
*
As per Rule 58(d) of the Federal Rules of Criminal Procedure, for the misdemeanors
listed below,1 whether originating under the applicable Federal Statute or Regulations or
applicable state statute by virtue of the Assimilated Crimes Act (18 U.S.C. § 13), occurring
within the territorial jurisdiction of the United States, including areas within but not exclusive
to: the boundaries of the United States military installations, bases and outposts, the boundaries
of National Forest lands, the boundaries of Veterans Administration properties, the boundaries
of Corps of Engineers properties, as well as any other lands, buildings, bodies of water or areas
within the district where the Federal Court has jurisdiction, exclusive or concurrent, it is hereby
ordered that collateral may be posted in lieu of the appearance of the offender.
Upon the failure of the person charged with an offense/misdemeanor or
offenses/misdemeanors to appear before the designated United States Magistrate Judge for
trial of the offenses listed below, the collateral in the amount listed below shall be forfeited to
the United States and the forfeiture of said collateral shall signify that the offender does not
contest the charge nor request a hearing before the designated United States Magistrate Judge.
If the collateral is forfeited, such action shall be tantamount to a finding of guilty. In case of
conviction of a traffic violation, either the Clerk or Magistrate Judge shall certify the record of
said conviction to the proper State authority as required by the applicable State statute.
Aiding, abetting or causing a violation of the misdemeanors listed below will result
in punishment of the offender as though that person acted as a principal, pursuant to 18
U.S.C. §
2. Persons charged with misdemeanors not listed or with offenses requiring mandatory
appearance must appear for arraignment and trial.
Applicable throughout the district where the Federal Court has jurisdiction, exclusive
or concurrent, the offenses for which collateral may be posted in lieu of appearance by the
person charged with said offenses are:
1
The term “m isdem eanor” includes “petty offenses and other m isdem eanors” pursuant to F ed.R .C rim .P . 58. “[T ]he
term ‘petty offense’ means a Class B misdemeanor, a Class C misdemeanor, or an infraction, for which the maximum fine is no greater
than the amount set forth for such an offense in section 3571(b)(6) or (7) in the case of an individual . . . .” 18 U.S.C § 19. An
individual found guilty of a Class B or Class C misdemeanor that does not result in death, or an infraction, may be fined not more than
$5,000. 18 U.S.C. § 3571(b)(6) & (7). A defendant who is found guilty of a Class B misdemeanor may be sentenced to a term of
imprisonment of not more than six months, 18 U.S.C. § 3581(b)(7); of a Class C misdemeanor, not more than thirty days, 18 U.S.C. §
3581(b)(8); and of an infraction, not more than five days, 18 U.S.C. §3581(b)(9). The term “other misdemeanor,” as used in Rule 58,
means a Class A misdemeanor inasmuch as this is the only other type of misdemeanor as per 18 U.S.C. § 3559(a)(6). A defendant found guilty
of a Class A misdemeanor may be sentenced to a term of imprisonment of not more than one year, 18 U.S.C. § 3581(b)(6), and for a Class A
misdemeanor that does not result in death, the defendant is subject to a fine of not more than $100,000, 18 U.S.C. § 3571(b)(5).
I. SCHEDULE OF OFFENSES ON ALL NATIONAL FOREST LANDS UNDER
CONTROL OF THE UNITED STATES FOREST SERVICE
Pages 3-13
II. SCHEDULE OF OFFENSES ON ALL LANDS UNDER THE CONTROL
OF THE U.S. ARMY CORPS OF ENGINEERS (INCLUDING OUT-
GRANTED LANDS)
Pages 13-17
III. SCHEDULE OF OFFENSES ON PROPERTY UNDER THE CONTROL
OF THE VETERANS ADMINISTRATION
Pages 17-19
IV. SCHEDULE OF OFFENSES ON PROPERTY UNDER THE CONTROL OF
THE GENERAL SERVICES ADMINISTRATION
Pages 19-21
V. SCHEDULE OF OFFENSES IN VIOLATION OF FEDERAL WILDLIFE
ACTS -- U.S. FISH AND WILDLIFE SERVICE
Pages 22-29
VI. SCHEDULE OF MISCELLANEOUS OFFENSES ON LANDS UNDER THE
CONTROL OF THE UNITED STATES GOVERNMENT
Pages 29-30
VII. SCHEDULE OF OFFENSES ON ALL RESERVATION LANDS OF THE
POARCH BAND OF CREEK INDIANS
Pages 30-31
VIII. SCHEDULE OF OFFENSES ENFORCED BY THE UNITED STATES
COAST GUARD
Pages 32-33
IX. OFFENSES FOR WHICH BOND MAY NOT BE FORFEITED, AND FOR
WHICH APPEARANCE IS MANDATORY
Pages 34-35
I. SCHEDULE OF OFFENSES ON ALL NATIONAL FOREST LANDS
UNDER CONTROL OF THE UNITED STATES FOREST SERVICE
[“MA” DENOTES MANDATORY APPEARANCE]
A. OFFENSES GENERALLY PROHIBITED COLLATERAL
36 C.F.R. 261.3, Interfering with or giving false report to a Forest Officer
The following are prohibited:
(a) Threatening, resisting, intimidating, or interfering with any forest officer
engaged in or on account of the performance of his official duties in the
protection, improvement, or administration of the National Forest System $500 -or- MA
(b) Giving any false, fictitious or fraudulent report or other information to any
forest officer engaged in or on account of the performance of his official
duties knowing that such report or other information contains a false, fictitious
or fraudulent statement or entry. $500 -or- MA
(c) Threatening, intimidating, or intentionally interfering with any forest officer,
volunteer, or human resource program enrollee while engaged in, or on account
of, the performance of duties for the protection, improvement, or administration
of the National Forest System or other duties assigned by the Forest Service. $500 -or- MA
36 C.F.R. 261.4, Disorderly conduct
The following are prohibited:
(a) Engaging in fighting $500-or-MA
(b) Addressing any offensive, derisive, or annoying communication to any other
person who is lawfully present when such communication has a direct
tendency to cause acts of violence by the person to whom, individually, the
remark is addressed. $150
(c) Make statements or other actions directed toward inciting or producing
imminent lawless action and likely to incite or produce such action MA
(d) Causing public inconvenience, annoyance, or alarm by making unreasonably
loud noise.
$100
36 C.F.R. 261.5, Fire
The following are prohibited:
(a) Carelessly or negligently throwing or placing any ignited substance or other
substance that may cause a fire. $100
(b) Firing any tracer bullet or incendiary ammunition. $250
(c) Causing timber, trees, slash, brush or grass to burn except as authorized by permit. $250
(d) Leaving a fire without completely extinguishing it. $100
(e) Causing and failing to maintain control of a fire that is not a prescribed fire that
damages the National Forest System. $100
(f) Building, attending, maintaining or using a campfire without removing all
flammable material from around the campfire adequate to prevent its escape. $100
(g) Negligently failing to maintain control of a prescribed fire on Non–National Forest
System lands that damages the National Forest System. $100
36 C.F.R. 261.6, Timber and Other Forest Products
The following are prohibited:
(a) Cutting or otherwise damaging any timber, tree or other forest product,
except as authorized by a special-use authorization, timber sale contract, or
Federal law or regulation. $500 -or- MA
(b) Cutting any standing tree, under permit or timber sale contract, before a
forest officer has marked it or has otherwise designated it for cutting. $500 -or- MA
(c) Removing any timber or other forest product cut under permit or timber sale
contract, except to a place designated for scaling, or removing it from that
place before it is scaled, measured, counted, or otherwise accounted for by a
forest officer. $500 -or- MA
(d) Stamping, marking with paint, or otherwise identifying any tree or other forest
product in a manner similar to that employed by forest officers to mark or
designate a tree or any other forest product for cutting or removal. $500 -or- MA
(e) Loading, removing or hauling timber or other forest product acquired under
any permit or timber sale contract unless such product is identified as
required in such permit or contract. $500-or- MA
(f) Selling or exchanging any timber or other forest product obtained under free
use pursuant to §§ 223.5 through 223.11. $500 -or- MA
(g) Violating any timber export or substitution restriction in §§ 223.160 through
223.164. $500 -or- MA
(h) Removing any timber, tree or other forest product, except as authorized by a 100 or under -
special use authorization, timber sale contract, or Federal law or regulation. $150 (per
specimen)
over 100-$250
(per specimen)
36 C.F.R. 261.7, Livestock
The following are prohibited:
(a) Placing or allowing unauthorized livestock to enter or be in the National
Forest System or other lands under Forest Service control. $100
(b) Not removing unauthorized livestock from the National Forest System or
other lands under Forest Service control when requested by a forest officer. $250
(c) Failing to reclose any gate or other entry. $100
(d) Molesting, injuring, removing or releasing any livestock impounded under §
262.10 while in the custody of the Forest Service or its authorized agents. $250
36 C.F.R. 261.8, Fish and Wildlife
The following are prohibited to the extent Federal or State law is violated:
(a) Hunting, trapping and fishing $250
Hunting, taking, or possession of big game $250
Hunting big game during closed season $250
Hunting without valid license $200
Hunting from road $250
Night hunting $500
Spotlighting $250
Baiting wildlife $250
Fishing without valid license $200
Possession of fish in slot limit $200
Possession of fish over limit $200
(b) Possessing a firearm or other implement designed to discharge a missile
capable of destroying animal life. $200
(c) Possessing equipment which could be used for hunting, fishing, or trapping. $100
(d) Possessing a dog not on a leash or otherwise confined $100
(e) Curtailing the free movement of any animal or plant life into or out of a cave,
except as authorized to protect a cave resource. $100
36 C.F.R. 261.9, Property
The following are prohibited:
(a) Damaging any natural feature or other property of the United
States. $100 (per specimen) -or- MA
(b) Removing any natural feature or other property of the United
States. $100 (per specimen) -or- MA
(c) Damaging any plant that is classified as a threatened,
endangered, sensitive, rare, or unique species. $250 (per specimen)
(d) Removing any plant that is classified as a threatened,
endangered, sensitive, rare, or unique species $250 (per specimen)
(e) Entering any building, structure, or enclosed area owned or
controlled by the United States when such building,
structure, or enclosed area is not open to the public. $200
(f) Using any pesticide except for personal use as an insect
repellant or as provided by special-use authorization for
other minor uses. $250
(g) Digging in, excavating, disturbing, injuring, destroying, or in
any way damaging any prehistoric, historic, or
archaeological resource, structure, site, artifact, or property. $500 -or- MA
(h) Removing any prehistoric, historic, or archaeological
resource, structure, site, artifact, or property.
$500 -or MA
(i) Excavating, damaging, or removing any vertebrate fossil or
removing any paleontological resource for commercial
purposes without a special-use authorization. $500 -or- MA
(j) Excavating, damaging, or removing any cave resource from
a cave without a special use authorization, or removing any
cave resource for commercial purposes. $500 -or- MA
36 C.F.R. 261.10, Occupancy and Use
The following are prohibited:
(a) Constructing, placing, or maintaining any kind of road, trail, structure, fence,
enclosure, communication equipment, or other improvement on National
Forest System land or facilities without a special-use authorization, contract,
or approved operating plan when such authorization is required. $500 -or- MA
(b) Constructing, reconstructing, improving, maintaining, occupying or using a
residence on National Forest System lands unless authorized by a special-
use authorization or approved operating plan when such authorization is
required. MA
(c) Selling or offering for sale any merchandise or conducting any kind of work
activity or service unless authorized by Federal law, regulation, or special-
use authorization. $250 -or- MA
(d) Discharging a firearm or any other implement capable of taking human
life, causing injury, or damaging property: (1) in or within 150 yards of a
residence, building, campsite, developed recreation site or occupied area;
(2) across or on a National Forest System road or a body of water adjacent
thereto, or in any manner or place whereby any person or property is
exposed to injury or damage as a result of such discharge; or (3) into or
within any cave. $200
(e) Abandoning any personal property. $150
(f) Placing a vehicle or other object in such a manner that it is an impediment
or hazard to the safety or convenience of any person. $250
(g) Commercial distribution of printed material without a special use
authorization. $150
(h) When commercially distributing printed material, delaying, halting, or
preventing administrative use of an area by the Forest Service or other
scheduled or existing uses or activities on National Forest System lands;
misrepresenting the purposes or affiliations of those selling or distributing
the material; or misrepresenting the availability of the material without cost. $200
(i) Operating or using in or near a campsite, developed recreation site, or
over an adjacent body of water without a permit, any device which
produces noise, such as a radio, television, musical instrument, motor or
engine in such a manner and at such a time so as to unreasonably disturb
any person. $100
(j) Operating or using a public address system, whether fixed, portable or
vehicle mounted, in or near a campsite or developed recreation site or over
an adjacent body of water without a special-use authorization. $100
(k) Use or occupancy of National Forest System land or facilities without
special-use authorization when such authorization is required. $100
(l) Violating any term or condition of a special-use authorization, contract or
approved operating plan. $100
(m) Failing to stop a vehicle when directed to do so by a forest officer. $500 -or- MA
(n) Failing to pay any special use fee or other charges as required. $100
(o) Discharging or igniting a firecracker, rocket or other firework, or explosive
into or within any cave. $150
(p) Use or occupancy of National Forest System lands or facilities without an
approved operating plan when such authorization is required. $150
36 C.F.R. 261.11, Sanitation
The following are prohibited:
(a) Depositing in any toilet, toilet vault, or plumbing fixture any substance which
could damage or interfere with the operation or maintenance of the fixture. $100
(b) Possessing or leaving refuse, debris, or litter in an exposed or unsanitary
condition. $150
(c) Placing in or near a stream, lake, or other water any substance which does or
may pollute a stream, lake, or other water. $250
(d) Failing to dispose of all garbage, including any paper, can, bottle, sewage,
waste water or material, or rubbish either by removal from the site or area,
or by depositing it into receptacles or at places provided for such purposes. $150
(e) Dumping of any refuse, debris, trash or litter brought as such from private
property or from land occupied under permit, except, where a container, dump
or similar facility has been provided and is identified as such, to receive trash
generated from private lands or lands occupied under permit. $ 300
36 C.F.R. 261.12, Forest Development Roads and Trails
The following are prohibited:
(a) Violating the load, weight, height, length or width limitations prescribed by
State law except by special-use authorization or written agreement or by
order issued under § 261.54 of this Chapter. $150
(b) Failing to have a vehicle weighed at a Forest Service weighing station, if
required by a sign. $150
(c) Damaging and leaving in a damaged condition any such road, trail, or
segment thereof. $250
(d) Blocking, restricting, or otherwise interfering with the use of a road, trail, or
gate. $150
36 C.F.R. 261.13, Motor Vehicle Use Other Than as Designated
It is prohibited to possess or operate a motor vehicle on National Forest System lands
in that administrative unit or Ranger District other than as designated or exempted. $150
36 C.F.R. 261.15, Use of Vehicles Off Roads
It is prohibited to operate any vehicle off National Forest System, State or County
roads:
(a) Without a valid license as required by State law. $350
(b) Without an operable braking system. $100
(c) From one-half hour after sunset to one-half hour before sunrise unless
equipped with working head and tail lights. $100
(d) In violation of any applicable noise emission standard established by any
Federal or State agency. $100
(e) While under the influence of alcohol or other drug. $500
(f) Creating excessive or unusual smoke. $75
(g) Carelessly, recklessly, or without regard for the safety of any person, or in a
manner that endangers, or is likely to endanger, any person or property. $250
(h) In a manner which damages or unreasonably disturbs the land, wildlife, or
vegetative resources. $250
(i) In violation of State law established for vehicles used off roads. $100
36 C.F.R. 261.16, Developed Recreation Sites
The following are prohibited:
(a) Occupying any portion of the site for other than recreation purposes. $100
(b) Building, attending, maintaining, or using a fire outside of a fire ring
provided by the Forest Service for such purpose or outside of a stove, grill or
fireplace. $100
(c) Cleaning or washing any personal property, fish, animal, or food, or bathing
or washing at a hydrant or water faucet not provided for that purpose. $75
(d) Discharging or igniting a firecracker, rocket or other firework, or explosive. $100
(e) Occupying between 10 p.m. and 6 a.m. a place designated for day use only. $100
(f) Failing to remove all camping equipment or personal property when vacating
the area or site. $150
(g) Placing, maintaining, or using camping equipment except in a place
specifically designated or provided for such equipment. $100
(h) Without permission, failing to have at least one person occupy a camping
area during the first night after camping equipment has been set up. $100
(i) Leaving camping equipment unattended for more than 24 hours without
permission. $75
(j) Bringing in or possessing an animal, other than a service animal, unless it is
crated, caged, or upon a leash not longer than six feet, or otherwise under
physical restrictive control. $100
(k) Bringing in or possessing in a swimming area an animal, other than a service
animal. $100
(1) Bringing in or possessing a saddle, pack, or draft animal except as authorized
by posted instructions. $100
(m) Operating or parking a motor vehicle or trailer except in places developed or
designated for this purpose. $100
(n) Operating a bicycle, motorbike, or motorcycle on a trail unless designated
for this use. $100
(o) Operating a motorbike, motorcycle, or other motor vehicle for any purpose
other than entering or leaving the site. $100
(p) Depositing any body waste except into receptacles provided for that purpose. $100
36 C.F.R. 261.17, Admission, Recreation Use and Special Recreation Permit Fees
Failure to pay any recreation fee is prohibited. Notwithstanding 18 U.S.C. 3571(e), the
fine imposed for the first offense of nonpayment shall not exceed $100. $100
36 C.F.R. 261.18, National Forest Wilderness
The following are prohibited in a National Forest Wilderness:
(a) Possessing or using a motor vehicle, motorboat or motorized equipment
except as authorized by Federal law or regulation. $250
(b) Possessing or using a hang glider or bicycle. $100
(c) Landing of aircraft, or dropping or picking up of any material, supplies, or
person by means of aircraft, including a helicopter. $500 -or- MA
36 C.F.R. 261.22, “Smokey Bear” and “Woodsy Owl” symbols
The following are prohibited:
(a) Unauthorized manufacture, importation, reproduction or use of
“Smokey Bear.” $250 -or- MA
(b) Unauthorized manufacture, importation, reproduction or use of
“Woodsy Owl.” $250 -or- MA
B. OFFENSES PROHIBITED IN AREAS DESIGNATED BY ORDER
36 C.F.R. (Posted Order 261.50 & 261.51) 261.52, Fire
When provided by an order, the following are prohibited:
(a) Building, maintaining, attending or using a fire, campfire, or stove fire. $100
(b) Using an explosive. $500 -or- MA
(c) Smoking. $75
(d) Smoking, except within an enclosed vehicle or building, a developed
recreation site, or while stopped in an area at least three feet in diameter
that is barren or cleared of all flammable material. $75
(e) Going into or being upon an area. $250
(f) Possessing, discharging or using any kind of firework or other pyrotechnic
device. $100
(g) Entering an area without any firefighting tool prescribed by the order.
$75
(h) Operating an internal combustion engine. $75
(i) Welding, or operating an acetylene or other torch with open flame. $100
(j) Operating or using any internal or external combustion engine without a
spark arresting device properly installed, maintained and in effective
working order in accordance with U.S. Forest Service Standard 5100–1. $75
(k) Violating any State law specified in the order concerning burning, fires
or which is for the purpose of preventing, or restricting the spread of
fires. $100
36 C.F.R. (Posted Order 261.50 & 261.51) 261.53, Special Closures
When provided in an order, it is prohibited to go into or be upon any area which is
closed for the protection of:
(a) Threatened, endangered, rare, unique, or vanishing species of plants,
animals, birds or fish. $100
(b) Special biological communities. $100
(c) Objects of areas of historical, archeological, geological, or paleontological
interest. $100
(d) Scientific experiments or investigations. $100
(e) Public health or safety. $100
(f) Property. $100
(g) The privacy of tribal activities for traditional and cultural purposes. Closure
to protect the privacy of tribal activities for traditional and cultural purposes
must be requested by an Indian tribe; is subject to approval by the Forest
Service; shall be temporary; and shall affect the smallest practicable area for
the minimum period necessary for activities of the requesting Indian tribe. $100
36 C.F.R. (Posted Order 261.50 & 261.51) 261.54, National Forest System Roads
When provided by an order, the following are prohibited:
(a) Using any type of vehicle prohibited by the order. $100
(b) Use by any type of traffic prohibited by the order. $100
(c) Using a road for commercial hauling without a permit or written
authorization. $250
(d) Operating a vehicle in violation of the speed, load, weight, height, length,
width, or other limitations specified by the order. $150
(e) Being on the road. $100
(f) Operating a vehicle carelessly, recklessly, or without regard for the rights or
safety of other persons or in a manner or at a speed that would endanger or be
likely to endanger any person or property. $250
36 C.F.R. (Posted Order 261.50 & 261.51) 261.55, National Forest System Trails
When provided by an order, the following are prohibited on a National Forest System
trail:
(a) Being on the trail. $100
(b) Using any type of vehicle prohibited by the order. $100
(c) Use by any type of traffic or mode of transport prohibited by the order. $100
(d) Operating a vehicle in violation of the width, weight, height, length, or other
limitations specified by the order
$100
(e) Shortcutting a switchback. $100
36 C.F.R. (Posted Order 261.50 & 261.51) 261.56, Use of Vehicles off National Forest
System Roads
When provided by an order, it is prohibited to possess or use a vehicle off National
Forest System roads. $100
36 C.F.R. (Posted Order 261.50 & 261.51) 261.57, National Forest Wilderness
When provided by an order, the following are prohibited:
(a) Entering or being in the area. $100
(b) Possessing camping or pack-outfitting equipment, as specified in the order. $100
(c) Possessing a firearm or firework. $100
(d) Possessing any non-burnable food or beverage containers, including deposit
bottles, except for non-burnable containers designed and intended for
repeated use. $75
(e) Grazing. $100
(f) Storing equipment, personal property or supplies. $150
(g) Disposing of debris, garbage, or other waste. $150
(h) Possessing or using a wagon, cart, or other vehicle. $100
36 C.F.R. (Posted Order 261.50 & 261.51) 261.58, Occupancy and Use
When provided by an order, the following are prohibited:
(a) Camping for a period longer than allowed by the order. $100
(b) Entering or using a developed recreation site or portion thereof. $100
(c) Entering or remaining in a campground during night periods prescribed
in the order except for persons who are occupying such campgrounds. $100
(d) Occupying a developed recreation site with prohibited camping equipment
prescribed by the order. $100
(e) Camping. $100
(f) Using a campsite or other area described in the order by more than the
number of users allowed by the order. $100
(g) Parking or leaving a vehicle in violation of posted instructions
$100
(h) Parking or leaving a vehicle outside a parking space assigned to one’s own
camp unit. $100
(i) Possessing, parking or leaving more than two vehicles, except motorcycles or
bicycles, per camp unit. $100
(j) Being publicly nude. $500 -or- MA
(k) Entering or being in a body of water. $100
(1) Being in the area after sundown or before sunrise. $100
(m) Discharging a firearm, air rifle, or gas gun. $250
(n) Possessing or operating a motorboat. $100
(o) Water skiing. $100
(p) Storing or leaving a boat or raft. $100
(q) Operating any watercraft in excess of a posted speed limit. $100
(r) Launching a boat except at a designated launching ramp. $100
(s) Possessing, storing, or transporting any bird, fish or other animal or parts
thereof, as specified in the order. $500 -or- MA
(t) Possessing, storing, or transporting any part of a tree or other plant, as $100
specified in the order. (per specimen)
(u) Being in the area between 10:00 p.m. and 6:00 a.m. except a person who is
camping or who is visiting a person camping in that area. $100
(v) Hunting and fishing. $250 -or- MA
(w) Possessing or transporting any motor or mechanical device capable of
propelling a watercraft through water by any means. $100
(x) Using any wheel, roller, or other mechanical device for the overland
transportation of any watercraft. $100
(y) Landing of aircraft, or dropping or picking up any material, supplies, or
person by means of an aircraft, including a helicopter. $500 -or- MA
(z) Entering or being on lands or waters within the boundaries of a component
of the National Wild and Scenic Rivers System. $100
(aa) Riding, hitching, tethering or hobbling a horse or other saddle or pack animal
in violation of posted instructions.
$100
(bb) Possessing a beverage which is defined as an alcoholic beverage by State
law. $100
(cc) Possessing or storing any food or refuse, as specified in the order. $75
(dd) [Reserved] N/A
(ee) Depositing any body waste in caves except into receptacles provided for that
purpose $100
II. SCHEDULE OF OFFENSES ON ALL LANDS UNDER THE CONTROL
OF THE U.S. ARMY CORPS OF ENGINEERS (INCLUDING OUT-
GRANTED LANDS)
[“MA” DENOTES MANDATORY APPEARANCE]
A. OFFENSES GENERALLY PROHIBITED COLLATERAL
36 C.F.R. 327.1, Discriminatory Practices/Prohibited
d. Discriminatory Practices. $120
36 C.F.R. 327.2, Motor Vehicles
b. Parking in restricted area. $75
c. Operation and/or parking vehicle off roadway. $105 - $300
d. Failure to operate vehicle in accordance with posted regulations. $75 - $150
e. Operation of vehicle in a careless or negligent manner. $75 - $150
e-l Operation of vehicle in a reckless manner MA
f. Operation of vehicle for other than ingress or egress. $75
g. Operation of vehicle without effective muffler. $75
36 C.F.R. 327.3, Vessels
b. Operation of vessel for fee or profit. $150
c. Operation of vessel in prohibited area or without current or proper
registration. $75 - $225
d. Operation of vessel in a careless or negligent manner. $75 - $150
d-l. Operation of vessel in a reckless manner. MA
e. Operation of vessel without required safety equipment. $75 - $150
f. Use of vessel for habitation or residence. $150
g. Operation of water skis in a careless, negligent or reckless manner. $75 - $150
h. Unauthorized mooring of vessel. $75
i. Vessel not constructed or maintained in compliance with the standards and
requirements established by the Federal Safe Boating Act of 1971 (Pub.L.
92-75, 85 Stat. 213), or promulgated pursuant to such act.
$75
j. Operation of vessel without proper muffler. $75
36 C.F.R. 327.4, Aircraft
b. Operation of aircraft in restricted areas. $450
c. Operation of aircraft in careless or negligent manner. $600
c-1. Operation of aircraft in reckless manner MA
f(3) Operation of seaplanes in violation of “Rules of Road.” $150 - $300
f(4) Unauthorized mooring of seaplanes. $75
f(5) Commercial operation of seaplanes without authorization. $300
f(6) Operation of seaplanes between sunset and sunrise without approval. $300
36 C.F.R. 327.5, Swimming
a. Swimming, diving, snorkeling or scuba diving in a restricted area. $60 - $300
b. Diving without diving flag displayed. $75
36 C.F.R. 327.6, Picnicking
Picnicking in prohibited areas. $30 - $150
36 C.F.R. 327.7, Camping
a. Camping in prohibited area. $75
b. Camping in area for a period in excess of 14 days without permission. $75
c. Placement of camping equipment for purpose of reserving campsite. $75
d. Digging of ground or construction of any structure without permission. $150 - $750
36 C.F.R. 327.8, Hunting, Fishing and Trapping
Hunting, fishing or trapping in prohibited area. $150 - $750
35 C.F.R. 327.9, Sanitation
a. Dumping or disposal of garbage, litter, etc. in non-designated area. $75 - $300
b. Bringing garbage onto project. $150
c. Spilling, dumping or discharge of pollutants or waste. $150
d. Failure to clean camp and/or picnic site. $75 - $225
e. Discharge or placing of pollutants in project waters. $150 - $750
36 C.F.R. 327.10, Fires
a. Storage of fuels without permission. $75 - $150
b. Failure to confine fire. $75 - $300
c. Improper disposal of burning material. $75 - $150
36 C.F.R. 327.11, Control of Horses, Dogs, Cats and Pets
a. Failure to control (i.e., pen, cage, leash) dogs, cats, or other pets. $75
a-l. Allowing animals to impede or restrict full and free use of project lands
and waters by the public. $75 - $150
a-2. Unauthorized animals or pets on beaches or in sanitary
facilities. $75
b. Failing to remove animal waste. $75
c. Horses, cattle, or other livestock in prohibited areas. $150 - $600
d. Ranging, grazing, watering or allowing livestock on project lands and
waters without permission. $150 - $600
f. Failing to pay impoundment fee. $75 plus cost of
impoundment
g. Wild, exotic or other pets or animals posing a threat or deemed a $150 plus
nuisance possible removal
36 C.F.R. 327.12, Restrictions
a. Violation of visiting hours, closures, or restrictions
$75 - $300
b. Violation of quiet hours. $75 - $300
c-l. Interfering, impeding or disrupting the use of the project. $150 - $600
c-2. Failing to leave project after a lawful request. $150 - $600
d. Unreasonable or dangerous operation of audio devices. $75
e. Possession or consumption of alcohol in prohibited areas $75
f. Smoking in prohibited areas $75
36 C.F.R. 327.13, Explosives, Firearms, Other Weapons, and Fireworks
Unauthorized possession of loaded firearms. $150 - $600
Unauthorized possession of ammunition. $150 - $300
Unauthorized possession of other loaded projectile firing devices, bows and
arrows, crossbows or other weapons $100 - $200
Unauthorized discharge or use of fireworks
or other pyrotechnics. $100 - $200
Unauthorized possession or use of explosives or explosive devices. $150 - $600
36 C.F.R. 327.14, Public Property
a. Destruction of public property. $250 - $1000
b. Cutting or removing wood without permission. $150 - $750
c. Gathering dead wood where prohibited $75 - $150
d. Use of metal detectors where, or as, prohibited $75 - $150
36 C.F.R. 327.15, Abandonment of Personal Property.
Abandonment of personal property. $75 – $150 plus
Impoundment cost
36 C.F.R. 327.17, Advertisement
Unauthorized advertisement, including harassment or misrepresentation. $75 - $300
36 C.F.R. 327.18, Commercial Activities
Unauthorized commercial activities. $75 - $300
36 C.F.R. 327.19, Permits
a. Failure to comply with terms or pay proper permit fee. $75 - $300
b or c. Failure to obtain permit to discharge dredge or fill material or to obtain
water quality certification $150 - $600
36 C.F.R. 327.20, Unauthorized Structures
Unauthorized construction or placement of structures. $150 - $300
36 C.F.R. 327.21, Special Events
a. Unauthorized special events. $150
b. Unauthorized charging of fees. $75 - $150
36 C.F.R. 327.22, Unauthorized Occupation of Lands
a. Unauthorized occupation of lands, buildings, vessels, or other
facilities. $75 - $300
b. Unauthorized use of land or waters for agricultural purposes. $75 - $300
36 C.F.R. 327.23, Recreation Use Fees
*Fine may not exceed $100*
b. Failure to pay recreation use fees. $50 - $100
c. Failure to pay day use fees or properly display receipt, permit or pass $50 - $100
d. Unauthorized use of Golden Age or Golden Access Passport. $50 - $100
36 C.F.R. 327.24, Interference with Government Employees
a. Interference with Government employees. MA
b. Failure to comply with lawful order $150 - $600
III. SCHEDULE OF OFFENSES ON PROPERTY UNDER THE CONTROL OF
THE VETERANS ADMINISTRATION
[“MA” DENOTES MANDATORY APPEARANCE]
38 C.F.R. 1.218(b) COLLATERAL
(1) Improper disposal of rubbish on property. $200
(2) Spitting on property $25
(3) Throwing of articles from a building or the unauthorized climbing upon
any part of a building. $50
(4) Willful destruction, damage or removal of government property without
authorization. $500
(5) Defacement, etc. of grave marker or headstone $500 -or- MA
(6) Failure to comply with signs of a directive and restrictive nature posted
for safety purposes. $50
(7) Tampering with, removal, marring, or destruction of posted signs. $150
(8) Entry into areas posted as closed to the public or to others (trespass). $50
(9) Unauthorized demonstration in a national cemetery or on other VA
property $250 -or- MA
(10) Creating a disturbance during a burial ceremony $250 -or- MA
(11) Disorderly conduct which creates loud, boisterous, and
unusual noise, or which obstructs the normal use of
entrances, exits, foyers, offices, corridors, elevators, and
stairways or which tends to impede or prevent the normal
operation of a service or operation of the facility. $250
(12) Failure to depart premises by unauthorized persons. $50
(13) Unauthorized loitering, sleeping or assembly on property. $50
(14) Gambling - participating in games of chance for monetary gain or
personal property; the operation of gambling devices, a pool or lottery;
or the taking or giving of bets. $200
(15) Operation of a vehicle under the influence of alcoholic beverages or
non-prescribed narcotic drugs, hallucinogens, marijuana, barbiturates,
or amphetamines. $500 -or- MA
(16) Entering premises under the influence of alcoholic beverages or
narcotic drugs, hallucinogens, marijuana, barbiturates or
amphetamines. $200
(17) Unauthorized use on property of alcoholic beverages or narcotic drugs,
hallucinogens, marijuana, barbiturates or amphetamines. $300
(18) Unauthorized introduction on VA controlled property of alcoholic
beverages or narcotic drugs, hallucinogens, marijuana, barbiturates or
amphetamines or the unauthorized giving of same to a patient or
beneficiary. $500 -or- MA
(19) Unauthorized solicitation of alms and contributions on premises. $50
(20) Commercial soliciting or vending, or the collection of private debts on
property. $50
(21) Distribution of pamphlets, handbills and flyers. $25
(22) Display of placards or posting of material on property. $25
(23) Unauthorized photography on premises. $50
(24) Failure to comply with traffic directions of VA police. $25
(25) Parking in spaces posted as reserved for physically disabled persons. $50
(26) Parking in no-parking areas, lanes, or crosswalks so posted or marked
by yellow borders or yellow strips. $25
(27) Parking in emergency vehicle spaces, areas and lanes bordered in red or
posted as EMERGENCY VEHICLES ONLY or FIRE LANE, or
parking within 15 feet of a fire hydrant. $50
(28) Parking within an intersection or blocking a posted vehicle entrance or
posted exit lane. $25
(29) Parking in spaces posted as reserved or in excess of a posted time limit. $15
(30) Failing to come to a complete stop at a STOP sign. $25
(31) Failing to yield to a pedestrian in a marked and posted crosswalk. $25
(32) Driving in the wrong direction on a posted one-way street. $25
(33) Operation of a vehicle in a reckless or unsafe manner too fast for
conditions, drag racing, overriding curb, or leaving the roadway. $100
(34) Exceeding posted speed limits.
By up to 10 mph $25
By up to 20 mph $50
By over 20 mph $100
(35) Creating excessive noise in a hospital or cemetery zone by muffler cut
out, excessive use of a horn, or other means. $50
(36) Failure to yield right of way to other vehicles. $50
(37) Possession of firearms, carried either openly or concealed, whether
loaded or unloaded (except by Federal or State law enforcement officers
on official business). MA
(38) Introduction or possession of explosives, or explosive devices which
fire a projectile, ammunition, or combustibles. MA
(39) Possession of knives which exceed a blade length of 3 inches;
switchblade knives; any of the variety of hatchets, clubs and hand-held
weapons; or brass knuckles. MA
(40) The unauthorized possession of any of the variety of incapacitating
liquid or gas-emitting weapons. MA
(41) Unauthorized possession, manufacture, or use of keys or barrier card-
type keys to rooms or areas on the property. $200
(42) The surreptitious opening, or attempted opening, of locks of card-
operated barrier mechanisms on property. $500
(43) Soliciting for, or the act of, prostitution. $250
(44) Any unlawful sexual activity. $250
(45) Jogging, bicycling, sledding or any recreational physical activity
conducted on cemetery grounds $50
IV. SCHEDULE OF OFFENSES ON PROPERTY UNDER THE CONTROL OF
THE GENERAL SERVICES ADMINISTRATION
[“MA” DENOTES MANDATORY APPEARANCE]
41 C.F.R. § 102-74, Conduct on Federal Property COLLATERAL
§ 102-74.375 Admission to Property
Entering property during a period when closed to the public without registering or
displaying identification. $100
§ 102-74.380 Preservation of Property
Improper disposal of rubbish on property. $150
Willful destruction of, or damage to, property. MA
Theft of property. MA
Creating a hazard on property to persons or things. MA
Throwing of articles of any kind from or at a building. $100
Climbing upon statues, fountains or any part of the building. $100
§ 102-74.385 Conformity with signs and directions
Failure to comply with the lawful direction of Federal police officers or other authorized
individuals. MA
Failure to comply with signs of a prohibitory, regulatory or directory nature. $50
§ 102-74.390 Disturbances
Loitering. $50
Committing an act constituting disorderly conduct. $150
Creating a loud or unusual noise or a nuisance. $75
Unreasonably obstructing the usual use of entrances, foyers, lobbies, corridors, offices,
elevators, stairways, or parking lots. $100
Impeding or disrupting the performance of official duties by Government employees. MA
Preventing the general public from obtaining administrative services in a timely
manner. $100
§ 102-74.395 Gambling
Participating in games for money or other personal property. MA
Operating a gambling device. MA
Conducting a lottery or pool. MA
Selling or purchasing a numbers ticket. MA
§ 102-74.400 Narcotics and Other Drugs
Entering upon or being on the property while under the influence of, using or possessing
any narcotic drugs, hallucinogens, marijuana, barbiturates, or amphetamines (except as
prescribed by a licensed physician). MA
Operating a motor vehicle on the property while under the influence of alcoholic
beverages, narcotic drugs, hallucinogens, marijuana, barbiturates, or amphetamines. MA
§ 102-74.405 Alcoholic Beverages
Entering upon the property, or being on the property, under the influence of alcoholic
beverages, or the possession or the use of alcohol on the property (except as
authorized by the Administrator of General Services Administration or his or her
designee). MA
§ 102-74.410 Soliciting, Vending, and Debt Collection
Unauthorized soliciting of alms. $50
Unauthorized soliciting for commercial or political purposes. $75
Unauthorized vending. $75
Displaying or distributing commercial advertising, except as authorized. $75
Unauthorized collection of a private debt. $100
§ 102-74.415 Posting and Distributing Materials
Distributing free samples of tobacco products in or around Federal buildings $75
Unauthorized distribution of materials such as pamphlets, handbills, or flyers. $75
Unauthorized posting or affixing of material on a bulletin board or elsewhere on the
property. $75
§ 102-74.420 Photographs for News, Advertising, or Commercial Purposes
Taking photographs for news media non-commercial purposes in occupied space
without the consent of the occupying agency (except where also prohibited by security
regulations, rules, order, directive, or court order or rule). $100
Taking photographs in occupied space for commercial purposes without the written
consent of the occupying agency (except where also prohibited by security regulations,
rules, order, directive, or court order or rule). $150
Taking photographs where prohibited by security regulations, rules, order, directive, or
court order or rule. MA
§ 102-74.425 Dogs and other Animals
Bringing a dog or other animal in or upon property for other than official purposes,
except seeing eye dogs, other guide dogs, and other animals used to guide or assist
disabled persons. $75
§ 102-74.430 Vehicular and Pedestrian Traffic
Driving in an unsafe, negligent or reckless manner $200
Failure to obey the lawful order, signal or direction of a Federal police officer, or
other authorized individual, directing traffic. $150
Failure to comply with posted traffic signs or approved directives. $150
Blocking of entrances, driveways, walks, loading platforms, or fire hydrants on
property. $100
Parking a vehicle without permit or parking without authority, parking in $50 (plus
unauthorized locations or in locations reserved for other persons, or parking contrary removal at
to the direction of a posted sign. owner’s risk
and expense)
§ 102-74.435 Explosives
Carrying or possessing explosives, or items intended to be used to fabricate an
explosive or incendiary device, either openly or concealed, except for official purposes. MA
§ 102-74.445 Nondiscrimination
Discrimination by segregation or otherwise against any person or persons because of
race, creed, religion, age, sex, color, disability or national origin. MA
V. SCHEDULE OF OFFENSES IN VIOLATION OF FEDERAL WILDLIFE
ACTS -- U.S. FISH AND WILDLIFE SERVICE
[“MA” DENOTES MANDATORY APPEARANCE]
50 C.F.R. 14: GENERAL REGULATIONS FOR IMPORTATION,
EXPORTATION & TRANSPORTATION OF WILDLIFE
(16 USC 3371, 16 USC 1538)
14.11 Import or Export of wildlife at a non-designated port $250-$500
14.32 & 14.33 Violation of non-designated port permit conditions $500
14.51 Failure to allow detention/inspection of wildlife $500
14.52 Release from U.S. Customs without FWS clearance $250
14.61-.63 Failure to file completed Declaration as required $250
14.91 Engaging in business as an importer/exporter of wildlife without
obtaining import/export license $250-$500
14.103 Import, transport, cause or permit transport, to the U.S. of any wild $350+$50
mammals/birds in violation of Humane Transport Regulations each add'l
animal
18 U.S.C. 42
Lacey A ct
18 USC 42(a) Import injurious species of wildlife $500-$1000
18 USC 42(c) Importation of wildlife under inhumane or unhealthy conditions $350 + $50*
* Per shipment of each dead, crippled, diseased or starved specimen
50 C.F.R. 16: Regulations for the Importation or Shipment of Injurious Species
16.3-.15 Unauthorized import, transport, acquisition or release of prohibited $500-$1000
wildlife species or their progeny
16.22 General Violation of Injurious Wildlife Permit $500
50 C.F.R. 17: Regulations pertaining to Endangered Wildlife (6 mos/$25k fine)
Section
Number Offense
17.21(g) Captive bred wildlife violations $250-$500
17.22-.23 Endangered Species Permit violation $250-$500
50 C.F.R. 17: Regulations pertaining to Threatened Wildlife (6 mos/$25k fine)
17.31 Violate threatened wildlife prohibitions $250-$750
17.40 -.47 Violate special regulations pertaining to threatened wildlife $350 + value
50 C.F.R. 17: Regulations pertaining to Endangered Plants (6 mos/$25k fine)
17.61 General Violation of Endangered plant regulations $250-$500
17.62-.63 Fail to comply with Permit Conditions $250
50 C.F.R. 17: Regulations pertaining to Threatened Plants (6 mos/$25k fine)
17.71 General violation of Threatened Plant regulations $150-$350
17.72 Failure to comply with Permit Conditions $150
16 U.S.C. 703-712
Migratory Bird Treaty Act
(6 mos/$15k fine)
16 U.S.C. Taking, pursuing, hunting, capturing, killing, or the attempt thereof, $500+$50
703-712 possessing, selling, bartering, purchasing, shipping, exporting,per item (parts, eggs
importing, carrying, transporting, or offering migratory birds, their or nests)
parts, nests, or eggs, without authorization +$100 per each
bird
16 U.S.C. Shipping, transporting, carrying in interstate or foreign commerce, $350+$50
703-712 any bird, part, nest, or egg thereof captured, killed, taken, shipped, per item (parts,
transported, or carried contrary to the law of the place where eggs or nests)
captured, killed, taken, shipped, transported, or carried +$100 per each
bird
50 C.F.R. 20: Migratory Game Bird Hunting Regulations (6 mos/$15k fine)
20.20(b) Violation of Harvest Information Program requirements $25
20.21(a) Taking with illegal device or substance $350+$25
per each bird
20.21(b) Taking with a shotgun capable of holding more than three shells $100
20.21(c) Taking by means, aid or use of a sink-box $350
20.21(d) Taking from or by means, aid, or use of a motor driven
conveyance, motor vehicle, or aircraft $200-$500
20.21(e) Taking by means of a motorboat or other craft having motor
attached and under power $300
20.21(f) Taking by use or aid of live decoys $350
20.21(g) Taking by use or aid of electronic or recorded calls $150-$350
20.21(h) Taking by means or aid of motor driven conveyance for
concentrating, driving, rallying, or stirring up waterfowl $100-$250
20.21(i) Taking by aid of bait $250-$500
20.21(j) Taking while possessing toxic shells $100-$300
20.22 Taking during closed season $300+$25
per bird
20.23 Taking before or after legal shooting hours 1- 15 min. $100-$150
16-30 min. $250
30 + min. $350-$500
20.24 Taking in excess of daily bag limit $350+$25 per bird
over limit
20.25 Wanton waste of migratory game birds $250-$500
20.32 Possessing freshly killed migratory game birds during closed
season $150-$350
20.33 Exceeding possession limit of migratory game birds taken in $250+$25 per bird
U.S. over limit
20.35 Possession or transportation of more than daily bag limit or $350+$25 per bird
aggregate daily bag limit over limit
20.36 Violation of tagging regulations $50-$250
20.37 Receiving or having custody of untagged birds of another $50-$250
20.38 Live wounded birds in possession $75
20.40 Unlawful gifting of migratory game birds $50-$250
20.42 Transportation of untagged birds of another $150
20.43 Transportation of migratory game birds without head or one full
feathered wing attached $250-$500
20.61 Importing migratory game birds in excess of legal limits $250-$500
20.71 Taking, possessing, transporting, or exporting migratory birds,
their parts, nests, or eggs in violation of any other federal law
or regulation $250-$500
20.72 Taking, possessing, transporting, or exporting migratory birds,
their parts, nests or eggs in violation of any applicable state law
or regulation $150-$500
20.73 Importing, possessing, or transporting migratory birds, their
parts, nests, or eggs if taken, bought, sold, transported,
possessed, or exported contrary to any law or regulation of
any foreign country, state, or province $250-$500
20.81 Migratory bird preservation facility receiving or having in
custody any untagged migratory game birds $150-$350
20.82 Violation of record keeping requirements $250-$500
20.83 Failure to permit premises inspection $500-$1000
20.91(a) Purchasing, selling, bartering, or offering thereof for millinery
or ornamental use, the feathers of migratory game birds
$250-$500
20.91(b) Purchase, sell, barter, or the offer thereof, of mounted
specimens of migratory game birds taken by hunting $500
20.100 Taking of a migratory game bird for which no season has been
established $350-$500
50 C.F.R. 21: Migratory Bird Permit Regulations (6 mos/$15k fine)
21.1-.27 Migratory bird permit violations $250-$500
21.28 General violation of falconry permit requirements $250
21.28(e)(1) Taking, possessing, or transporting golden eagle for falconry without $500
permit
21.28(e)(2)(iii) Unauthorized purchase, sale, or barter of raptor for falconry $250
21.29 General Violation of Falconry Standards $250
21.29(e)(3) Taking, possessing or transporting raptor in violation of 21.29 $250
21.29(g) Failure to comply with facility & equipment standards $150
21.29(j) General violations of misc. falconry regulations $150
21.30 General violation of raptor propagation permit $250
21.41-.43 Violation of depredating bird regulations $100
16 U.S.C. 718
Migratory Waterfowl Hunting and Conservation Stamp Act
(6 mos/$15k fine)
16 USC 718a Hunting migratory waterfowl without a federal waterfowl hunting
stamp $150
16 USC 718b Hunting migratory waterfowl with an invalid(unsigned) federal
waterfowl stamp $50
16 USC 718e(a) Loaning or transferring valid migratory stamp or using stamp
validated by another $250
16 USC 718e(b) Altering, mutilating, imitating, or counterfeiting migratory waterfowl
stamp $500
50 C.F.R. 23: Regulations Pertaining to the Import & Export of Protected Wildlife &
Plants
(6 mos/$25k fine)
23.13 (a) - (d) Unlawfully importing, exporting, re-exporting or possessing
imported, exported or re-exported species, or attempting or
soliciting another to do same:
Appendix I species $500 + value
Appendix II or III species $250 + value
50 C.F.R. 24: Regulations Pertaining to the Import & Export of Plants
(6 mos/$25k fine)
24.11 Importing, exporting or re-exporting plants at non-designated $250+$25
port per specimen or item
16 U.S.C. 668dd(c)
National Wildlife Refuge Act - Prohibited Acts
16 USC 668dd(c) Recklessly or negligently disturbing, injuring, cutting,
burning, removing, destroying, or possessing any real or
personal property of the United States in any area of the
National Wildlife Refuge System; taking or possessing any
fish, bird, mammal, or other wild vertebrate or invertebrate
animal or part or nests or egg thereof; or entering, using, or
otherwise occupying any such area without authorization or $250+$50
permit per animal/plant
16 U.S.C. 460k; 16 U.S.C. 668dd; 16 U.S.C. 721 – 731 and 50 C.F.R. 25-27, 31, 32
Recreation Act
National Wildlife Refuge Administration Act Upper
Mississippi River Wildlife and Fish Refuge A ct Bear
River Migratory Bird Refuge Act
*(Reckless and negligent acts only (See 16 USC 668dd(f))
50 C.F.R. 25: Administrative Provisions
25.21 Entering a closed portion of a National Wildlife Refuge $100-$250
25.22 Failure to turn in found articles or money $100-$250
25.42 Failure to display permit when requested $100-$250
25.56 Entering a National Wildlife Refuge without payment of a user's fee $100-$250
25.72 Failure to report all accidents $100-$250
25. Violating any other administrative provisions or regulations $100-$250
50 C.F.R. 26: Regulations Pertaining to Public Entry & Use
26.21(a) Trespassing on a National Wildlife Refuge (NWR) $100-$500
26.21(b) Permitting unconfined domestic animals to enter or roam at large upon
any NWR; $100-$200
26.22(a) Failure to comply with any rule, regulation, or sign on a NWR $50-$200
26.36 Conducting public assembly/demonstration without a permit $150
26. Violating any other public entry and use regulations $100
50 C.F.R. 27: Prohibited Acts
27.21 Taking any animal or plant without authorization $250-
$500+$50
per item
27.31 Travel on other than a designated route of travel $100-$250
27.31(a) Operating a vehicle in violation of state law $100-$250
27.31(b) Operating a vehicle under the influence of drugs or intoxicating MA
beverage
27.31(c) Operating a vehicle carelessly or heedlessly $250-$500
-or- MA
27.31(d) Exceeding 25 mph or other posted speed limit $50
11 - 15 MPH over limit $100
16-20 MPH over limit $125
21-25 MPH over limit $150
26-30 MPH over limit $200
27.31(e) - (m) Violating all other established vehicle requirements $100-$250
27.32(a) Unauthorized use of a boat $100-$250
27.32(b) Operating boat in violation of either
U.S. Coast Guard or state law $100-$250
27.32(b)(2) Operating a boat in a reckless or negligent manner $250
Operating boat in a manner that endangers a person, property, or $250-$500
wildlife
27.32(b)(3) Operating a boat under the influence of an intoxicant MA
27.32(b)(4)- Other boating regulation violations $100-$250
(8)
27.33 Unauthorized water-skiing on NWR $100-$250
27.34 Unauthorized operation of an aircraft on or over a NWR $250-$500
27.41 Possession or use of fireworks $100-$250 -or- MA
Possession of a firearm $200 - or - MA
Discharge of a firearm $250 - or - MA
27.43 Possession of a weapons other than a firearm $50-$200 -or- MA
27.51 Disturbing, injuring, or damaging animals/plants on NWR $50-$250+$50
per animal/plant
27.52 Introduction of plants or animals to a NWR $150 -or- MA
27.61 Destruction or removal of property on or from a NWR
Where value of Property is $300 or less $100-$500
Where value of Property exceeds $300 MA
27.62 Searching for or removing objects of antiquity $150-$300 –or MA
27.63 Unauthorized search for valued objects without a permit $100-300
27.64 Unauthorized prospecting or mining on a NWR $250-$500
27.65 Tampering with or entering vehicles or equipment $250-$500
27.71 Taking or filming motion pictures for commercial use $250-$500
27.72 Causing unreasonable disturbances with audio equipment $100-$250
27.73 Use of an artificial light to locate wildlife $100-$250
27.73 Use of an artificial light to take wildlife MA
27.81 Entering a NWR under the influence of alcohol MA
27.82(b)(1) Delivering a controlled substance on a NWR MA
27.82(b)(2) Possessing controlled substance on a NWR MA
27.82(b)(3) Under the influence of a controlled substance MA
27.83 Indecency or disorderly conduct MA
27.84 Interference with persons engaged in authorized activity $250 - or - MA
27.85 Gambling on a NWR $100-$250
27.86 Begging or soliciting $50-$200
27.91 Conducting field trials $100-$250
27.92 Constructing, installing or occupying a private structure on a $100-$500
NWR
27.93 Abandoning private property $100-$500
27.94 Littering on a NWR $100
Dumping refuse or waste $250+Cost
Of Removal
Depositing environmental contaminants MA
27.95(a) Setting an unauthorized fire on a NWR $250-$500
Setting an unauthorized campfire $100-$250
27.95(b),(c) Leaving fire unattended/throwing a burning cigarette $100
27.95(d) Smoking violation $50
27.96 Unauthorized advertising $100-$500
27.97 Conducting a private commercial operation $150-$500
50 C.F.R. 31: Regulations Pertaining to Commercial Fishing & Trapping
31.13 No NWR commercial fishing permit $250
31.16 Violation of federal trapping permit regulations, state trapping laws, or other
special trapping laws or regulations
Violating a state law $150
Violating permit conditions, etc. $150
31.16 Violation of federal trapping (con't):
Failure to inspect traps $100
Unlawful sets or equipment $250
Animal unlawfully trapped $250
50 C.F.R. 32: Regulations Pertaining to Hunting and Fishing
32.2(a) Hunting without a state license (resident) $100-$250
Hunting without a state license (non-resident) $300-$500
32.2(b)(c)(e)(f) Noncompliance with other federal laws or regulations $100-$250
32.2(d) Hunting in violation of state law $100-$250
32.2(g) Bow hunting with any drug on an arrow $250
32.2(h) Unauthorized distribution of bait or hunting over bait $300
32.2(i) Use of nails, wire or screws to attach a stand to a tree $250
32.2(j) Use of alcohol while hunting $250 or MA
32.2(k) Possessing toxic shells $100-$250
32.5(a) Fishing without a state license (resident) $50
Fishing without a state license (non-resident) $100
32.5(b)-(d) Noncompliance with other state or federal laws or regulations $100-$250
32.5 (e) Violation of special regulations on fishing $100-$250
32.20 Violation of NWR specific regulations $100-$250
32. All other NWR Hunting and Fishing regulations $100
16 U.S.C. 433
American Antiquities Act
16 U.S.C. 433 Appropriating, excavating, injuring, or destroying historic or
prehistoric ruins, monuments, or any object of antiquity $500 -or- MA
Wildlife/Property Forfeiture O rder
Unless otherwise specifically ordered by a United States Court, any wildlife or property which
has been seized under the authority of the Migratory Bird Treaty Act, 16 USC 703-712; the
National Wildlife Refuge Systems Administration Act, 16 USC 668dd-668ee; the Upper
Mississippi River National Wildlife and Fish Refuge Act, 16 USC 721 - 731; the Eagle
Protection Act, 16 USC 668-668e; the Endangered Species Act, 16 USC 1531 - 1544; the
Migratory Waterfowl Hunting Stamp Act, 16 USC 718 – 718k; the Airborne Hunting Act, 16
USC 742j-1; the Marine Mammal Protection Act, 16 USC 1361-1407; the Lacey Act, 18 USC
42 - 43; the Lacey Act Amendments of 1981, 16 USC 3371 - 3378; the Antiquities Act of
1906, 16 USC 431 - 433, the Wild Bird Conservation Act, 16 USC 4901 – 4916; or the African
Elephant Conservation Act, 16 USC 4201-4246, where the final disposition of the case has
been made by either payment of a forfeiture of collateral or a judgment by the Court on behalf of
the government and where so authorized by statute, such wildlife or property shall be forfeited
to the U.S. government and disposed of by the U.S. Fish & Wildlife Service in the manner
prescribed by Title 50, Code of Federal Regulations, Part 12.
VI. SCHEDULE OF MISCELLANEOUS OFFENSES ON LANDS UNDER THE
CONTROL OF THE UNITED STATES GOVERNMENT
[“MA” DENOTES MANDATORY APPEARANCE]
TRAFFIC OFFENSES COLLATERAL
Improper parking $25
Parking within 100 feet of a fire apparatus or 15 feet of a fire hydrant. $100
Parking in a restricted area $100
Parking overtime
(i) First violation in 45 day period $25
(ii) Second violation in 45 day period $50
(iii) For the third violation in a 45 day period, or any subsequent violation MA
Reckless driving MA
Driving wrong way on a one way street or parking lot or on wrong side of
street $100
Driving under the influence of alcohol or drugs MA
Driving with a suspended driver’s license MA
Driving with an expired driver’s license $100
Driving with no driver’s license MA
Driving with a revoked driver’s license MA
Driving with expired license plates $100
Improper display of license plates $50
Using a license plate of improper classification $100
Driving with no license plates $100
Failure to obey officer directing traffic $100
Failure to obey traffic control device, signal or sign $100
Failure to yield to an emergency vehicle $250
Failure to yield right-of-way $100
Improper passing $100
Improper signal $50
Improper turn $50
Failure to maintain vehicle on roadway lined for traffic $100
Obstructing Traffic $100
Passing stopped school bus MA
Speeding:
(1-10 mph over posted speed limit) $50
(11-25 mph over posted speed limit) $100
(26 mph or more over posted speed limit) MA
Operating or riding a motorcycle without a helmet $50
Littering $100
Following too close $100
Blocking the highway $100
Defective Equipment $50
Failure to Dim Lights $50
Running Red Light $150
Running stop sign $150
Careless backing $100
Failure to report accident or leaving scene of an accident MA
VII. SCHEDULE OF OFFENSES ON ALL RESERVATION LANDS OF THE
POARCH BAND OF CREEK INDIANS
[“MA” DENOTES MANDATORY APPEARANCE]
A. OFFENSES PROHIBITED COLLATERAL
18 U.S.C. §§1152 and 13; Ala. Code §13A-6-23
Menacing MA
18 U.S.C. §§1152 and 13; Ala. Code §13A-7-3
Criminal Trespass; second degree. MA
18 U.S.C. §§1152 and 13; Ala. Code §13A-7-4
Criminal Trespass; third degree. $250
18 U.S.C. §§1152 and 13; Ala. Code §13A-7-23
Criminal Mischief; third degree. MA
18 U.S.C. §§1152 and 13; Ala. Code §13A-7-26
Criminal Tampering; second degree. MA
18 U.S.C. § §1152 and 13; Ala. Code §13A-11-8
(a)(1) & (2) Harassment $250
(b)(1)(a.-c.) Harassing Communications $250
18 U.S.C. §113(a)(5)
Assaults within maritime and territorial jurisdiction (Indian victim/non-Indian violator) MA
18 U.S.C §1164
Destroying or removing boundary or warning signs $250 per sign
Destroying or removing hunting, fishing or trapping signs $250 per sign
18 U.S.C. §1165
Hunting, trapping or fishing on Indian land $500 (plus
forfeiture of all
game, fish and
peltries)
18 U.S.C. §1169(a)
Failure to report child abuse in Indian Country MA
18 U.S.C. §1169(b)
Inhibiting another from reporting child abuse in Indian Country MA
18 U.S.C. §1856
Leaving a fire unattended on tribal land $250
VIII. SCHEDULE OF OFFENSES ENFORCED BY THE UNITED STATES COAST GUARD
[MA DENOTES MANDATORY APPEARANCE]
A. OFFENSES PROHIBITED COLLATERAL
14 U.S.C. § 84 (not more than $500 fine)
Interference with Aids to Navigation $150.00
18 U.S.C. § 111(a)(1) (1 year/$100,000 fine)
Simple assault-forcibly assaulting, resisting, opposing, impeding, intimidating, or MA
interfering with any Coast Guard or other Federal Officer engaged in or on account of
the performance of official duties
18 U.S.C. § 113(a)(4) (1 year/$100,000 fine)
Assault by striking, beating, or wounding within the special maritime and territorial MA
jurisdiction of the United States
18 U.S.C. § 113(a)(5) (6 months/$5,000 fine)
Simple Assault within the special maritime and territorial jurisdiction of the United MA
States
18 U.S.C. § 701 (6 months/$5,000 fine)
Unlawful Possession of Official Identification $250.00
21 U.S.C. § 844(a) (1 year/$1,000 fine)
Simple Possession of a Controlled Substance (First Offense) $250.00
33 U.S.C. § 1319(c)(1) (1 year/$2,500 or $25,000 fine per day for violation)
Negligent discharge or introduction of oil or hazardous substances into or upon the $500.00
navigable waters of the United States or adjoining shorelines
46 U.S.C. § 2302—Penalties for Negligent Operations and Interfering with Safe Operation (1
year/$100,000 fine)
46 U.S.C. § 2302(b)—Grossly negligent operation of a vessel that endangers the life, MA
limb, or property of a person
46 U.S.C. § 2302(c)—Operating a vessel under the influence of alcohol or a MA
dangerous drug
46 U.S.C. § 4311(a)—Penalties for Violation of Coast Guard Recreational Safety Regulations
Promulgated in 33 C.F.R. Chapter 1, Subchapter S (1 year/ $5,000 fine)
33 C.F.R. § 175.15(a)(1)—Willful operation of a recreational vessel which lacks at $250.00
least one wearable personal floatation device for each person on board the vessel
33 C.F.R. § 175.15(b)—Willful operation of a recreational vessel which is 16 feet or $250.00
more in length which lacks a “throwable” personal flotation device onboard in
addition to the total number of wearable flotation devices required by § 175.15(a)
above.
33 C.F.R. § 175.15(c)(1) & (2)—Willful operation of a recreational vessel with a child $400.00
under 13 years of age (or 8 years of age if in Alabama state waters) not wearing a
Coast Guard approved personal flotation device and where the child is not below
decks or in an enclosed cabin
33 C.F.R. § 175.110—Willful operation of a recreational vessel which is 16 feet or $250.00
more in length which lacks applicable visual distress signals
33 C.F.R. § 177.05—Willful failure of a recreational vessel operator to follow the $250.00
direction of a Coast Guard Boarding Officer to take immediate and reasonable steps
necessary for the safety of those aboard the vessel (which direction may include the
following: correcting the especially hazardous condition immediately; proceeding to a
mooring, dock, or anchorage; or suspending further use of the boat until the especially
hazardous condition is corrected)
33 C.F.R. § 177.07(a)—Willful operation of a recreational vessel that does not display $250.00
the correct navigation lights between sunset and sunrise
33 C.F.R. § 177.07(f)—Willful operation of a recreational vessel which is designated $250.00
manifestly unsafe for a specific voyage on a specific body of water due to: (1)
unsuitable design or configuration, (2) improper construction or inadequate material
condition, or (3) improper or inadequate operational or safety equipment, and set forth
in an order issued by a District Commander according to the provisions of § 177.04
46 U.S.C. § 4507(b)—Penalties for Violation of Coast Guard Regulations Concerning Uninspected
Commercial Fishing Industry Vessel as Promulgated in 46 C.F.R., Chapter 1, Subchapter C, Part 28
(1 year/$5,000 fine)
46 C.F.R. § 28.65(a)—Willful failure of a commercial fishing vessel operator to $250.00
follow the direction of a Coast Guard Boarding Officer to take reasonable steps
necessary for the safety of individuals on board the vessel if the Boarding Officer
observes the vessel being operated in an unsafe manner and determines that an
especially hazardous condition exists, which may induce directing the operator to
return the commercial fishing vessel to a mooring and remain there until the situation
creating the especially hazardous condition is corrected or other specific action is
taken
IX. OFFENSES FOR WHICH BOND MAY NOT BE FORFEITED, AND FOR
WHICH APPEARANCE IS MANDATORY
Unless otherwise indicated in the schedules above, a person who is charged or ticketed with a
petty offense listed below must appear before a United States Magistrate:
Driving while under suspension or revocation of driver’s license.
Driving without being licensed to drive.
Exceeding the speed limit by more than 60 miles per hour.
Leaving the scene of an accident.
Operation of a motor vehicle, aircraft or vessel while under the influence of intoxicating
liquor or a narcotic or habit-producing drug, or permitting another person, who is under
the influence of intoxicating liquor or a narcotic or habit-producing drug, to operate a
motor vehicle or vessel owned by the person charged or in his control or custody.
Prohibited possession of alcohol by a minor.
Offenses resulting in an accident.
Reckless driving or reckless operation of a motor vehicle, aircraft or vessel.
Second moving traffic offense within a 12-month period, as evidenced by information
recorded on operator’s license, or by other evidence.
Injury, damage, or removal of any Federal property except under authority of law
(unless said injury, damage or removal is within the posted amounts listed hereinabove).
Gambling.
Unauthorized possession of firearms.
Unauthorized discharging of firearms.
Operation of aircraft in a prohibited area.
Air delivery on a prohibited area.
Interference with a government employee in the performance of official duties.
A third overtime parking violation in a 45 day period, or any subsequent violation.
Any other offense included in the foregoing schedules of offenses requiring appearance
but not listed here.
Any other offense not included in the foregoing schedules of offenses.
Nothing in the above schedules of offenses is meant to preclude a Federal officer or official
within his authority from filing a complaint against a violator and having him appear before an
appropriate Magistrate Judge.
If a person charged with an offense in the attached sections of the Schedules of this Order fails
to post and forfeit collateral, any punishment, including fine, imprisonment, or probation, may
be imposed within the limits established by law upon conviction by plea or after trial.
WHEREFORE, this Order shall constitute the Court's policies with regard to collateral
forfeiture in petty offense matters.
DONE this 3rd day of August, 2016.
/s/
WILLIAM H. STEELE
CHIEF UNITED STATES DISTRICT JUDGE
/s/
KRISTI K. DuBOSE
UNITED STATES DISTRICT JUDGE
/s/
CHARLES R. BUTLER
SENIOR UNITED STATES DISTRICT JUDGE
/s/
CALLIE V.S. GRANADE
SENIOR UNITED STATES DISTRICT JUDGE
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