; and (2) the amounts of the user fees received have been appropriated to the Fund established in section 13(a) for not less than 1 full fiscal year. (d) Fee limit (1) In general The amount of the user fee under this section shall be— (A) set by the Director only after considering public comments on the proposed user fee regulation; and (B) charged— (i) broadly and fairly across the live wildlife import industry; and (ii) at the lowest level practicable to achieve the cost recovery purpose described in subsection (c). (2) Annual total fee revenue In setting the user fee under this section, the Director shall seek to set a user fee amount that ensures that the annual total user fee revenue is not more than the amount of the annual total fee revenue of the fees charged by the Director under the inspection program of the Director to oversee the importation of live wildlife carried out pursuant to— (A) section 11(f) of the Endangered Species Act of 1973 ( 16 U.S.C. 1540(f) ); and (B) subpart I of part 14 of title 50, Code of Federal Regulations (or successor regulations). (e) Separation from other fees The Secretary shall keep the user fees collected in accordance with this section separate from any other fees that the Secretary collects for any other law enforcement or inspection activity. 10. Penalties and sanctions (a) Enforcement The Secretary and the Secretary of Homeland Security— (1) shall enforce the provisions of this Act, including any regulations or permits issued under this Act