§ 706. — Arrests; search warrants.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 16USC706]
TITLE 16--CONSERVATION
CHAPTER 7--PROTECTION OF MIGRATORY GAME AND INSECTIVOROUS BIRDS
SUBCHAPTER II--MIGRATORY BIRD TREATY
Sec. 706. Arrests; search warrants
Any employee of the Department of the Interior authorized by the
Secretary of the Interior to enforce the provisions of this subchapter
shall have power, without warrant, to arrest any person committing a
violation of this subchapter in his presence or view and to take such
person immediately for examination or trial before an officer or court
of competent jurisdiction; shall have power to 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 shall have
authority, with a search warrant, to search any place. The several
judges of the courts established under the laws of the United States,
and United States magistrate judges may, within their respective
jurisdictions, upon proper oath or affirmation showing probable cause,
issue warrants in all such cases. All birds, or parts, nests, or eggs
thereof, captured, killed, taken, sold or offered for sale, bartered or
offered for barter, purchased, shipped, transported, carried, imported,
exported, or possessed contrary to the provisions of this subchapter or
of any regulation prescribed thereunder shall, when found, be seized
and, upon conviction of the offender or upon judgment of a court of the
United States that the same were captured, killed, taken, sold or
offered for sale, bartered or offered for barter, purchased, shipped,
transported, carried, imported, exported, or possessed contrary to the
provisions of this subchapter or of any regulation prescribed
thereunder, shall be forfeited to the United States and disposed of by
the Secretary of the Interior in such manner as he deems appropriate.
(July 3, 1918, ch. 128, Sec. 5, 40 Stat. 756; 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(h)(1), Nov. 8, 1978, 92 Stat. 3111; Pub. L. 101-650, title
III, Sec. 321, Dec. 1, 1990, 104 Stat. 5117.)
Amendments
1978--Pub. L. 95-616 made provisions respecting seizures and
judgment of court applicable to birds, or parts, nests, or eggs sold or
offered for sale, bartered or offered for barter, purchased, imported
and exported and substituted ``any regulation prescribed thereunder'' in
two places for ``any regulations made pursuant thereto'' and ``any
regulation made pursuant thereto'' and provision for disposition of the
birds, etc., by Secretary of the Interior in such manner as he deems
appropriate for prior provision for such disposition as directed by
court having jurisdiction.
Change of Name
``United States magistrate judges'' substituted for ``United States
magistrates'' in text 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 magistrates'' substituted in text
for ``United States commissioners'' 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 protection of certain birds
under 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.
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 701 of this title.
