§ 670j. — 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: 16USC670j]
TITLE 16--CONSERVATION
CHAPTER 5C--CONSERVATION PROGRAMS ON GOVERNMENT LANDS
SUBCHAPTER II--CONSERVATION PROGRAMS ON PUBLIC LANDS
Sec. 670j. Enforcement provisions
(a) Violations and penalties
(1) Any person who hunts, traps, or fishes on any public land which
is subject to a conservation and rehabilitation program implemented
under this subchapter without having on his person a valid public land
management area stamp, if the possession of such a stamp is required,
shall be fined not more than $1,000, or imprisoned for not more than six
months, or both.
(2) Any person who knowingly violates or fails to comply with any
regulations prescribed under section 670h(c)(5) of this title shall be
fined not more than $500, or imprisoned not more than six months, or
both.
(b) Designation of enforcement personnel powers; issuance of arrest
warrants; trial and sentencing by United States magistrate
judges
(1) For the purpose of enforcing subsection (a) of this section, the
Secretary of the Interior and the Secretary of Agriculture may designate
any employee of their respective departments, and any State officer or
employee authorized under a cooperative agreement to enforce subsection
(a) of this section to (i) carry firearms; (ii) execute and serve any
warrant or other process issued by a court or officer of competent
jurisdiction; (iii) make arrests without warrant or process for a
misdemeanor he has reasonable grounds to believe is being committed in
his presence or view; (iv) search without warrant or process any person,
place, or conveyance as provided by law; and (v) seize without warrant
or process any evidentiary item as provided by law.
(2) Upon the sworn information by a competent person, any United
States magistrate judge or court of competent jurisdiction may issue
process for the arrest of any person charged with committing any offense
under subsection (a) of this section.
(3) Any person charged with committing any offense under subsection
(a) of this section may be tried and sentenced by any United States
magistrate judge designated for that purpose by the court by which he
was appointed, in the same manner and subject to the same conditions as
provided for in section 3401 of title 18.
(c) Seizure and forfeiture of equipment and vessels
All guns, traps, nets, and other equipment, vessels, vehicles, and
other means of transportation used by any person when engaged in
committing an offense under subsection (a) of this section shall be
subject to forfeiture to the United States and may be seized and held
pending the prosecution of any person arrested for committing such
offense. Upon conviction for such offense, such forfeiture may be
adjudicated as a penalty in addition to any other provided for
committing such offense.
(d) Applicability of customs laws to seizures and forfeitures;
exceptions
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 section, insofar as such provisions of law
are applicable and not inconsistent with the provisions of this section;
except that all powers, rights, and duties conferred or imposed by the
customs laws upon any officer or employee of the Department of the
Treasury shall, for the purposes of this section, be exercised or
performed by the Secretary of the Interior or the Secretary of
Agriculture, as the case may be, or by such persons as he may designate.
(Pub. L. 86-797, title II, Sec. 204, as added Pub. L. 93-452, Sec. 2,
Oct. 18, 1974, 88 Stat. 1372; amended Pub. L. 101-650, title III,
Sec. 321, Dec. 1, 1990, 104 Stat. 5117.)
References in Text
The customs laws, referred to in subsec. (d), are classified
generally to Title 19, Customs Duties.
Change of Name
``United States magistrate judge'' substituted for ``United States
magistrate'' in subsec. (b)(2), (3) pursuant to section 321 of Pub. L.
101-650, set out as a note under section 631 of Title 28, Judiciary and
Judicial Procedure.
Section Referred to in Other Sections
This section is referred to in sections 670h, 670i of this title.
