§ 3375. — Enforcement.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 16USC3375]
TITLE 16--CONSERVATION
CHAPTER 53--CONTROL OF ILLEGALLY TAKEN FISH AND WILDLIFE
Sec. 3375. Enforcement
(a) In general
The provisions of this chapter and any regulations issued pursuant
thereto shall be enforced by the Secretary, the Secretary of
Transportation, or the Secretary of the Treasury. Such Secretary may
utilize by agreement, with or without reimbursement, the personnel,
services, and facilities of any other Federal agency or any State agency
or Indian tribe for purposes of enforcing this chapter.
(b) Powers
Any person authorized under subsection (a) of this section to
enforce this chapter may carry firearms; may, when enforcing this
chapter, make an arrest without a warrant, in accordance with any
guidelines which may be issued by the Attorney General, for any offense
under the laws of the United States committed in the person's presence,
or for the commission of any felony under the laws of the United States,
if the person has reasonable grounds to believe that the person to be
arrested has committed or is committing a felony; may search and seize,
with or without a warrant, in accordance with any guidelines which may
be issued by the Attorney General; \1\ Provided, That an arrest for a
felony violation of this chapter that is not committed in the presence
or view of any such person and that involves only the transportation,
acquisition, receipt, purchase, or sale of fish or wildlife or plants
taken or possessed in violation of any law or regulation of any State
shall require a warrant; may make an arrest without a warrant for a
misdemeanor violation of this chapter if he has reasonable grounds to
believe that the person to be arrested is committing a violation in his
presence or view; and may execute and serve any subpena, arrest warrant,
search warrant issued in accordance with rule 41 of the Federal Rules of
Criminal Procedure, or other warrant of civil or criminal process issued
by any officer or court of competent jurisdiction for enforcement of
this chapter. Any person so authorized, in coordination with the
Secretary of the Treasury, may detain for inspection and inspect any
vessel, vehicle, aircraft, or other conveyance or any package, crate, or
other container, including its contents, upon the arrival of such
conveyance or container in the United States or the customs waters of
the United States from any point outside the United States or such
customs waters, or, if such conveyance or container is being used for
exportation purposes, prior to departure from the United States or the
customs waters of the United States. Such person may also inspect and
demand the production of any documents and permits required by the
country of natal origin, birth, or reexport of the fish or wildlife. Any
fish, wildlife, plant, property, or item seized shall be held by any
person authorized by the Secretary pending disposition of civil or
criminal proceedings, or the institution of an action in rem for
forfeiture of such fish, wildlife, plants, property, or item pursuant to
section 3374 of this title; except that the Secretary may, in lieu of
holding such fish, wildlife, plant, property, or item, permit the owner
or consignee to post a bond or other surety satisfactory to the
Secretary.
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\1\ So in original. The semicolon probably should be a colon.
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(c) Jurisdiction of district courts
The several district courts of the United States, including the
courts enumerated in section 460 of title 28, shall have jurisdiction
over any actions arising under this chapter. The venue provisions of
title 18 and title 28 shall apply to any actions arising under this
chapter. The judges of the district courts of the United States and the
United States magistrate judges may, within their respective
jurisdictions, upon proper oath or affirmation showing probable cause,
issue such warrants or other process as may be required for enforcement
of this chapter and any regulations issued thereunder.
(d) Rewards and incidental expenses
Beginning in fiscal year 1983, the Secretary or the Secretary of the
Treasury shall pay, from sums received as penalties, fines, or
forfeitures of property for any violation of this chapter or any
regulation issued hereunder (1) a reward to any person who furnishes
information which leads to an arrest, a criminal conviction, civil
penalty assessment, or forfeiture of property for any violation of this
chapter or any regulation issued hereunder. The amount of the reward, if
any, is to be designated by the Secretary or the Secretary of the
Treasury, as appropriate. Any officer or employee of the United States
or any State or local government who furnishes information or renders
service in the performance of his official duties is ineligible for
payment under this subsection, and (2) the reasonable and necessary
costs incurred by any person in providing temporary care for any fish,
wildlife, or plant pending the disposition of any civil or criminal
proceeding alleging a violation of this chapter with respect to that
fish, wildlife, or plant.
(Pub. L. 97-79, Sec. 6, Nov. 16, 1981, 95 Stat. 1077; Pub. L. 98-327,
Sec. 4, June 25, 1984, 98 Stat. 271; Pub. L. 100-653, title I, Sec. 104,
Nov. 14, 1988, 102 Stat. 3826; Pub. L. 101-650, title III, Sec. 321,
Dec. 1, 1990, 104 Stat. 5117.)
References in Text
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.
Amendments
1988--Subsec. (b). Pub. L. 100-653 substituted ``may, when enforcing
this chapter, make an arrest without a warrant, in accordance with any
guidelines which may be issued by the Attorney General, for any offense
under the laws of the United States committed in the person's presence,
or for the commission of any felony under the laws of the United States,
if the person has reasonable grounds to believe that the person to be
arrested has committed or is committing a felony; may search and seize,
with or without a warrant, in accordance with any guidelines which may
be issued by the Attorney General;'' for ``may make an arrest without a
warrant for any felony violation of this chapter if he has reasonable
grounds to believe that the person to be arrested has committed or is
committing such violation:''.
1984--Subsec. (d). Pub. L. 98-327 substituted a comma for ``a
reward'' after ``shall pay'' in first sentence, inserted ``(1) a
reward'' before ``to any person'', and added cl. (2).
Change of Name
``United States magistrate judges'' substituted for ``United States
magistrates'' in subsec. (c) pursuant to section 321 of Pub. L. 101-650,
set out as a note under section 631 of Title 28, Judiciary and Judicial
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 742l, 1540, 5305a of this
title; title 28 section 524; title 42 section 10601.
