§ 727. — Powers of employees of Department of the Interior.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 16USC727]
TITLE 16--CONSERVATION
CHAPTER 8--UPPER MISSISSIPPI RIVER NATIONAL WILDLIFE AND FISH REFUGE
Sec. 727. Powers of employees of Department of the Interior
(a) Arrest; execution of warrants; searches
Any employee of the Department of the Interior authorized by the
Secretary of the Interior to enforce the provisions of this chapter (1)
shall have power, without warrant, to arrest any person committing in
the presence of such employee a violation of this chapter or of any
regulation made pursuant to this chapter, and to take such person
immediately for examination or trial before an officer or court of
competent jurisdiction, (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 this chapter or regulations made pursuant
thereto, and (3) shall have authority, with a search warrant issued by
an officer or court of competent jurisdiction to make a search in
accordance with the terms of such warrant. 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
All birds, animals, fish, or parts thereof captured, injured, or
killed, and all flowers, plants, trees, and other natural growths, and
nests and eggs of birds removed, and all implements or paraphernalia,
including guns, fishing equipment, and boats used or attempted to be
used contrary to the provisions of this chapter or any regulations made
pursuant thereto, shall, when found by such employee or by any marshal
or deputy marshal, be summarily seized by him and placed in the custody
of such persons as the Secretary of the Interior may by regulation
prescribe.
(c) Reports of seizures; forfeiture and libel proceedings
A report of the seizure shall be made to the United States attorney
for the judicial district in which the seizure is made, for forfeiture
either (1) upon conviction of the offender under section 730 of this
title, or (2) by proceedings by libel in rem. Such libel proceedings
shall conform as near as may be to civil suits in admiralty, except that
either party may demand trial by jury upon any issue of fact when the
value in controversy exceeds $20. In case of a jury trial the verdict of
the jury shall have the same effect as the finding of the court upon the
facts. Libel proceedings shall be at the suit and in the name of the
United States. If such forfeiture proceedings are not instituted within
a reasonable time, the United States attorney shall give notice thereof,
and the custodian shall thereupon release the articles seized.
(June 7, 1924, ch. 346, Sec. 8, 43 Stat. 651; 1939 Reorg. Plan No. II,
Sec. 4(e), (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.
101-650, title III, Sec. 321, Dec. 1, 1990, 104 Stat. 5117.)
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 in
subsec. (a) for ``United States commissioner'' pursuant to Pub. L. 90-
578. See chapter 43 (Sec. 631 et seq.) of Title 28.
Transfer of Functions
For transfer of certain enforcement functions of Secretary or other
official in Department of the Interior under this chapter to Federal
Inspector, Office of Federal Inspector for the Alaska Natural Gas
Transportation System, and subsequent transfer to Secretary of Energy,
see Transfer of Functions note set out under section 725 of this title.
Transfer of functions of Secretary of Agriculture and Secretary of
Commerce to Secretary of the Interior by Reorg. Plan No. II of 1939, see
Transfer of Functions note set out under section 723 of this title.
