§ 668b. — Enforcement provisions.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 16USC668b]
TITLE 16--CONSERVATION
CHAPTER 5A--PROTECTION AND CONSERVATION OF WILDLIFE
SUBCHAPTER II--PROTECTION OF BALD AND GOLDEN EAGLES
Sec. 668b. Enforcement provisions
(a) Arrest; search; issuance and execution of warrants and process
Any employee of the Department of the Interior authorized by the
Secretary of the Interior to enforce the provisions of this subchapter
may, without warrant, arrest any person committing in his presence or
view a violation of this subchapter or of any permit or regulations
issued hereunder and take such person immediately for examination or
trial before an officer or court of competent jurisdiction; may execute
any warrant or other process issued by an officer or court of competent
jurisdiction for the enforcement of the provisions of this subchapter;
and may, with or without a warrant, as authorized by law, search any
place. The Secretary of the Interior is authorized to enter into
cooperative agreements with State fish and wildlife agencies or other
appropriate State authorities to facilitate enforcement of this
subchapter, and by said agreements to delegate such enforcement
authority to State law enforcement personnel as he deems appropriate for
effective enforcement of this subchapter. Any judge of any court
established under the laws of the United States, and any United States
magistrate judge may, within his respective jurisdiction, upon proper
oath or affirmation showing probable cause, issue warrants in all such
cases.
(b) Forfeiture
All bald or golden eagles, or parts, nests, or eggs thereof, taken,
possessed, sold, purchased, bartered, offered for sale, purchase, or
barter, transported, exported, or imported contrary to the provisions of
this subchapter, or of any permit or regulation issued hereunder, and
all guns, traps, nets, and other equipment, vessels, vehicles, aircraft,
and other means of transportation used to aid in the taking, possessing,
selling, purchasing, bartering, offering for sale, purchase, or barter,
transporting, exporting, or importing of any bird, or part, nest, or egg
thereof, in violation of this subchapter or of any permit or regulation
issued hereunder shall be subject to forfeiture to the United States.
(c) Customs laws applied
All provisions of law relating to the seizure, forfeiture, and
condemnation of a vessel for violation of the customs laws, the
disposition of such vessel or the proceeds from the sale thereof, and
the remission or mitigation of such forfeitures, shall apply to the
seizures and forfeitures incurred, or alleged to have been incurred,
under the provisions of this subchapter, insofar as such provisions of
law are applicable and not inconsistent with the provisions of this
subchapter: Provided, That all powers, rights, and duties conferred or
imposed by the customs laws upon any officer or employee of the Treasury
Department shall, for the purposes of this subchapter, be exercised or
performed by the Secretary of the Interior or by such persons as he may
designate.
(June 8, 1940, ch. 278, Sec. 3, 54 Stat. 251; Pub. L. 90-578, title IV,
Sec. 402(b)(2), Oct. 17, 1968, 82 Stat. 1118; Pub. L. 92-535, Sec. 3,
Oct. 23, 1972, 86 Stat. 1065; Pub. L. 101-650, title III, Sec. 321, Dec.
1, 1990, 104 Stat. 5117.)
Amendments
1972--Pub. L. 92-535 substituted provisions relating to enforcement
of this subchapter including arrest, without warrant, issuance and
execution of warrants and process, search, forfeiture, and applicability
of certain customs laws, for provisions incorporating provisions of
section 706 in haec verba.
Change of Name
``United States magistrate judge'' substituted for ``United States
magistrate'' in subsec. (a) pursuant to section 321 of Pub. L. 101-650,
set out as a note under section 631 of Title 28, Judiciary and Judicial
Procedure. Previously, ``United States magistrate'' substituted for
``United States commissioner'' in subsec. (a) pursuant to Pub. L. 90-
578. See chapter 43 (Sec. 631 et seq.) of Title 28.
Transfer of Functions
Enforcement functions of Secretary or other official in Department
of the Interior related to compliance with this subchapter with respect
to pre-construction, construction, and initial operation of
transportation system for Canadian and Alaskan natural gas transferred
to Federal Inspector, Office of Federal Inspector for Alaska Natural Gas
Transportation System, until first anniversary of date of initial
operation of Alaska Natural Gas Transportation System, see Reorg. Plan
No. 1 of 1979, Secs. 102(e), 203(a), 44 F.R. 33663, 33666, 93 Stat.
1373, 1376, effective July 1, 1979, set out in the Appendix to Title 5,
Government Organization and Employees. Office of Federal Inspector for
the Alaska Natural Gas Transportation System abolished and functions and
authority vested in Inspector transferred to Secretary of Energy by
section 3012(b) of Pub. L. 102-486, set out as an Abolition of Office of
Federal Inspector note under section 719e of Title 15, Commerce and
Trade.
