§ 3374. — Forfeiture.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 16USC3374]
TITLE 16--CONSERVATION
CHAPTER 53--CONTROL OF ILLEGALLY TAKEN FISH AND WILDLIFE
Sec. 3374. Forfeiture
(a) In general
(1) All fish or wildlife or plants imported, exported, transported,
sold, received, acquired, or purchased contrary to the provisions of
section 3372 of this title (other than section 3372(b) of this title),
or any regulation issued pursuant thereto, shall be subject to
forfeiture to the United States notwithstanding any culpability
requirements for civil penalty assessment or criminal prosecution
included in section 3373 of this title.
(2) All vessels, vehicles, aircraft, and other equipment used to aid
in the importing, exporting, transporting, selling, receiving,
acquiring, or purchasing of fish or wildlife or plants in a criminal
violation of this chapter for which a felony conviction is obtained
shall be subject to forfeiture to the United States if (A) the owner of
such vessel, vehicle, aircraft, or equipment was at the time of the
alleged illegal act a consenting party or privy thereto or in the
exercise of due care should have known that such vessel, vehicle,
aircraft, or equipment would be used in a criminal violation of this
chapter, and (B) the violation involved the sale or purchase of, the
offer of sale or purchase of, or the intent to sell or purchase, fish or
wildlife or plants.
(b) Application of customs laws
All provisions of law relating to the seizure, forfeiture, and
condemnation of property for violation of the customs laws, the
disposition of such property or the proceeds from the sale thereof, and
the remission or mitigation of such forfeiture, shall apply to the
seizures and forfeitures incurred, or alleged to have been incurred,
under the provisions of this chapter, insofar as such provisions of law
are applicable and not inconsistent with the provisions of this chapter,
except that all powers, rights, and duties conferred or imposed by the
customs laws upon any officer or employee of the Treasury Department
may, for the purposes of this chapter, also be exercised or performed by
the Secretary or by such persons as he may designate: Provided, That any
warrant for search or seizure shall be issued in accordance with rule 41
of the Federal Rules of Criminal Procedure.
(c) Storage cost
Any person convicted of an offense, or assessed a civil penalty,
under section 3373 of this title shall be liable for the costs incurred
in the storage, care, and maintenance of any fish or wildlife or plant
seized in connection with the violation concerned.
(Pub. L. 97-79, Sec. 5, Nov. 16, 1981, 95 Stat. 1076.)
References in Text
The customs laws, referred to in subsec. (b), are classified
generally to Title 19, Customs Duties.
Rule 41 of the Federal Rules of Criminal Procedure, referred to in
subsec. (b), is set out in the Appendix to Title 18, Crimes and Criminal
Procedure.
Transfer of Functions
For transfer of functions of the Secretary of Agriculture relating
to agricultural import and entry inspection activities under this
chapter to the Secretary of Homeland Security, and for treatment of
related references, see sections 231, 551(d), 552(d), and 557 of Title
6, Domestic Security, and the Department of Homeland Security
Reorganization Plan of November 25, 2002, as modified, set out as a note
under section 542 of Title 6.
Section Referred to in Other Sections
This section is referred to in sections 3375, 3376 of this title.
