§ 690e. — Enforcement of laws and regulations; warrants and processes; jurisdiction of courts; forfeiture of property captured, injured, killed or removed.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 16USC690e]
TITLE 16--CONSERVATION
CHAPTER 6--GAME AND BIRD PRESERVES; PROTECTION
Sec. 690e. Enforcement of laws and regulations; warrants and
processes; jurisdiction of courts; forfeiture of property
captured, injured, killed or removed
(a) Arrests and warrants
Any employee of the Department of the Interior authorized by the
Secretary of the Interior to enforce the provisions of sections 690 to
690i of this title (1) shall have power, without warrant, to arrest any
person committing in the presence of such employee a violation of
sections 690 to 690i of this title or of any regulation made pursuant
thereto, and to take such person immediately for examination or trial
before an officer or court of competent jurisdiction, and (2) shall have
power to execute any warrant or other process issued by an officer or
court of competent jurisdiction to enforce the provisions of said
sections or regulations made pursuant thereto. Any judge of a court
established under the laws of the United States, or 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) Seizures and forfeitures
All birds or animals, or parts thereof, captured, injured, or
killed, and all grass and other natural growths, and nests and eggs of
birds removed contrary to the provisions of sections 690 to 690i of this
title or any regulation made pursuant thereto, shall, when found by such
employee or by any marshal or deputy marshal, be summarily seized by
him, and upon conviction of the offender or upon judgment of a court of
the United States that the same were captured, killed, taken, or removed
contrary to the provisions of sections 690 to 690i of this title or of
any regulation made pursuant thereto, shall be forfeited to the United
States and disposed of as directed by the Secretary of the Interior, in
accordance with law.
(Apr. 23, 1928, ch. 413, Sec. 6, 45 Stat. 449; 1939 Reorg. Plan No. II,
Sec. 4(f), eff. July 1, 1939, 4 F.R. 2731, 53 Stat. 1433; Pub. L. 90-
578, title IV, Sec. 402(b)(2), Oct. 17, 1968, 82 Stat. 1118; Pub. L. 95-
616, Sec. 3(g), Nov. 8, 1978, 92 Stat. 3111; Pub. L. 101-650, title III,
Sec. 321, Dec. 1, 1990, 104 Stat. 5117.)
References in Text
Section 690i, included within the reference to sections 690 to 690i,
was omitted from the Code.
Amendments
1978--Subsec. (b). Pub. L. 95-616 substituted ``as directed by the
Secretary of the Interior, in accordance with law'' for ``as directed by
the court having jurisdiction''.
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'' pursuant to Pub. L. 90-578. See chapter
43 (Sec. 631 et seq.) of Title 28.
Transfer of Functions
Transfer of functions of Secretary of Agriculture to Secretary of
the Interior by Reorg. Plan No. II of 1939, see Transfer of Functions
note set out under section 671 of this title.
Section Referred to in Other Sections
This section is referred to in sections 690a, 690c, 690d, 690f,
690g, 690h of this title.
