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16 U.S.C. § 3374 — Forfeiture
Federal law — U.S. Code and appendices · legal_authorities
**(a) In general**
(1) All fish or wildlife or plants bred, possessed, imported, exported, transported, sold, received, acquired, or purchased contrary to the provisions of [section 3372 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section3372&num=0&edition=prelim) (other than [section 3372(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section3372/b&num=0&edition=prelim)), or any regulation issued pursuant thereto, shall be subject to forfeiture to the United States notwithstanding any culpability requirements for civil penalty assessment or criminal prosecution included in [section 3373 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section3373&num=0&edition=prelim).
(2) All vessels, vehicles, aircraft, and other equipment used to aid in the importing, exporting, transporting, selling, receiving, acquiring, or purchasing of fish or wildlife or plants in a criminal violation of this chapter for which a felony conviction is obtained shall be subject to forfeiture to the United States if (A) the owner of such vessel, vehicle, aircraft, or equipment was at the time of the alleged illegal act a consenting party or privy thereto or in the exercise of due care should have known that such vessel, vehicle, aircraft, or equipment would be used in a criminal violation of this chapter, and (B) the violation involved the sale or purchase of, the offer of sale or purchase of, or the intent to sell or purchase, fish or wildlife or plants.
**(b) Application of customs laws** All provisions of law relating to the seizure, forfeiture, and condemnation of property for violation of the customs laws, the disposition of such property or the proceeds from the sale thereof,
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Stable record: federal_law:legal_authorities:record_usc_9fdcc096dc44bebf9e5daf33
Source file: Laws/federal/codes/united-states-code/title-16/section-3374-forfeiture--055a502392.md
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Source location: Title 16, Chapter 53, § 3374; chapter-053-control-of-illegally-taken-fish-and-wildlife.md
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**(a) In general**
(1) All fish or wildlife or plants bred, possessed, imported, exported, transported, sold, received, acquired, or purchased contrary to the provisions of [section 3372 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section3372&num=0&edition=prelim) (other than [section 3372(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section3372/b&num=0&edition=prelim)), or any regulation issued pursuant thereto, shall be subject to forfeiture to the United States notwithstanding any culpability requirements for civil penalty assessment or criminal prosecution included in [section 3373 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section3373&num=0&edition=prelim).
(2) All vessels, vehicles, aircraft, and other equipment used to aid in the importing, exporting, transporting, selling, receiving, acquiring, or purchasing of fish or wildlife or plants in a criminal violation of this chapter for which a felony conviction is obtained shall be subject to forfeiture to the United States if (A) the owner of such vessel, vehicle, aircraft, or equipment was at the time of the alleged illegal act a consenting party or privy thereto or in the exercise of due care should have known that such vessel, vehicle, aircraft, or equipment would be used in a criminal violation of this chapter, and (B) the violation involved the sale or purchase of, the offer of sale or purchase of, or the intent to sell or purchase, fish or wildlife or plants.
**(b) Application of customs laws** All provisions of law relating to the seizure, forfeiture, and condemnation of property for violation of the customs laws, the disposition of such property or the proceeds from the sale thereof, and the remission or mitigation of such forfeiture, shall apply to the seizures and forfeitures incurred, or alleged to have been incurred, under the provisions of this chapter, insofar as such provisions of law are applicable and not inconsistent with the provisions of this chapter, except that all powers, rights, and duties conferred or imposed by the customs laws upon any officer or employee of the Treasury Department may, for the purposes of this chapter, also be exercised or performed by the Secretary or by such persons as he may designate: Provided, That any warrant for search or seizure shall be issued in accordance with rule 41 of the Federal Rules of Criminal Procedure.
**(c) Storage cost** Any person convicted of an offense, or assessed a civil penalty, under [section 3373 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section3373&num=0&edition=prelim) shall be liable for the costs incurred in the storage, care, and maintenance of any fish or wildlife or plant seized in connection with the violation concerned.
**(d) Civil forfeitures** Civil forfeitures under this section shall be governed by the provisions of chapter 46 of title 18.
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Federal law — U.S. Code and appendices · legal_authorities
For the purposes of this chapter:
**(a) Breed.—** The term “breed” means to facilitate propagation or reproduction (whether intentionally or negligently), or to fail to prevent propagation or reproduction.
**(b)** The term “fish or wildlife” means any wild animal, whether alive or dead, including without limitation any wild mammal, bird, reptile, amphibian, fish, mollusk, crustacean, arthropod, coelenterate, or other invertebrate, whether or not bred, hatched, or born in captivity, and includes any part, product, egg, or offspring thereof.
**(c)** The term “import” means to land on, bring into, or introduce into, any place subject to the jurisdiction of the United States, whether or not such landing, bringing, or introduction constitutes an importation within the meaning of the customs laws of the United States.
**(d)** The term “Indian tribal law” means any regulation of, or other rule of conduct enforceable by, any Indian tribe, band, or group but only to the extent that the regulation or rule applies within Indian country as defined in [section 1151 of title 18](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section1151&num=0&edition=prelim).
**(e)** The terms “law,” “treaty,” “regulation,” and “Indian tribal law” mean laws, treaties, regulations or Indian tribal laws which regulate the taking, possession, importation, exportation, transportation, or sale of fish or wildlife or plants.
**(f)** The term “person” includes any individual, partnership, association, corporation, trust, or any officer, employee, agent, department, or instrumentality of the Federal Government or of any State or political subdivision thereof, or any other entity subject to the jurisdiction of the United States.
**(g) Plant.—**
(1) **In general.—** — The terms “p
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Offenses other than marking offenses** It is unlawful for any person—
(1) to import, export, transport, sell, receive, acquire, or purchase any fish or wildlife or plant taken, possessed, transported, or sold in violation of any law, treaty, or regulation of the United States or in violation of any Indian tribal law;
(2) to import, export, transport, sell, receive, acquire, or purchase in interstate or foreign commerce—
(A) any fish or wildlife taken, possessed, transported, or sold in violation of any law or regulation of any State or in violation of any foreign law; or
(B) any plant—
(i) taken, possessed, transported, or sold in violation of any law or regulation of any State, or any foreign law, that protects plants or that regulates—
(I) the theft of plants;
(II) the taking of plants from a park, forest reserve, or other officially protected area;
(III) the taking of plants from an officially designated area; or
(IV) the taking of plants without, or contrary to, required authorization;
(ii) taken, possessed, transported, or sold without the payment of appropriate royalties, taxes, or stumpage fees required for the plant by any law or regulation of any State or any foreign law; or
(iii) taken, possessed, transported, or sold in violation of any limitation under any law or regulation of any State, or under any foreign law, governing the export or transshipment of plants;
(3) within the special maritime and territorial jurisdiction of the United States (as defined in [section 7 of title 18](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section7&num=0&edition=prelim))—
(A) to possess any fish or wildlife taken, possessed, transported, or sold in violation of any law or regulation of any
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Civil penalties**
(1) Any person who engages in conduct prohibited by any provision of this chapter (other than subsections (b), (d), (e), and (f) of [section 3372 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section3372&num=0&edition=prelim)) and in the exercise of due care should know that the fish or wildlife or plants were taken, possessed, transported, or sold in violation of, or in a manner unlawful under, any underlying law, treaty, or regulation, and any person who knowingly violates subsection (d), (e), or (f) of [section 3372 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section3372&num=0&edition=prelim), may be assessed a civil penalty by the Secretary of not more than $10,000 for each such violation: Provided, That when the violation involves fish or wildlife or plants with a market value of less than $350, and involves only the transportation, acquisition, or receipt of fish or wildlife or plants taken or possessed in violation of any law, treaty, or regulation of the United States, any Indian tribal law, any foreign law, or any law or regulation of any State, the penalty assessed shall not exceed the maximum provided for violation of said law, treaty, or regulation, or $10,000, whichever is less.
(2) Any person who violates subsection (b) or (f) of [section 3372 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section3372&num=0&edition=prelim), except as provided in paragraph (1), may be assessed a civil penalty by the Secretary of not more than $250.
(3) For purposes of paragraphs (1) and (2), any reference to a provision of this chapter or to a section of this chapter shall be treated as including any regulation issued to carry out any
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Federal law — U.S. Code and appendices · legal_authorities
(1) **Sense of Congress** — It is the sense of Congress that the Federal air marshal program is critical to aviation security.
(2) **Limitation on statutory construction** — Nothing in this chapter, including any amendment made by this chapter, shall be construed as preventing the Under Secretary of Transportation for Security from implementing and training Federal air marshals.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Definitions** In this section:
(1) **Agricultural commodity** — The term “agricultural commodity” has the meaning given the term in [section 5602 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section5602&num=0&edition=prelim).
(2) **Geographically disadvantaged farmer or rancher** — The term “geographically disadvantaged farmer or rancher” has the meaning given the term in section 10906(a) of the Farm Security and Rural Investment Act of 2002 ([7 U.S.C. 2204](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section2204&num=0&edition=prelim) note; Public Law 107–171).
**(b) Authorization** Subject to the availability of funds under subsection (d), the Secretary may provide geographically disadvantaged farmers or ranchers direct reimbursement payments for activities described in subsection (c).
**(c) Transportation**
(1) **In general** — Subject to paragraphs (2) and (3), the Secretary may provide direct reimbursement payments to a geographically disadvantaged farmer or rancher to transport an agricultural commodity, or inputs used to produce an agricultural commodity, during a fiscal year.
(2) **Proof of eligibility** — To be eligible to receive assistance under paragraph (1), a geographically disadvantaged farmer or rancher shall demonstrate to the Secretary that transportation of the agricultural commodity or inputs occurred over a distance of more than 30 miles, as determined by the Secretary.
(3) **Amount**
(A) *In general* — Subject to paragraph (2), the amount of direct reimbursement payments made to a geographically disadvantaged farmer or rancher under this section for a fiscal year shall equal the product obtained by multiplying—
(i) the amount of costs incurred by the geographically di
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** The provisions of this chapter and any regulations issued pursuant thereto shall be enforced by the Secretary, the Secretary of Transportation, or the Secretary of the Treasury. Such Secretary may utilize by agreement, with or without reimbursement, the personnel, services, and facilities of any other Federal agency or any State agency or Indian tribe for purposes of enforcing this chapter.
**(b) Powers** Any person authorized under subsection (a) to enforce this chapter may carry firearms; may, when enforcing this chapter, make an arrest without a warrant, in accordance with any guidelines which may be issued by the Attorney General, for any offense under the laws of the United States committed in the person’s presence, or for the commission of any felony under the laws of the United States, if the person has reasonable grounds to believe that the person to be arrested has committed or is committing a felony; may search and seize, with or without a warrant, in accordance with any guidelines which may be issued by the Attorney General; 11 So in original. The semicolon probably should be a colon. Provided, That an arrest for a felony violation of this chapter that is not committed in the presence or view of any such person and that involves only the transportation, acquisition, receipt, purchase, or sale of fish or wildlife or plants taken or possessed in violation of any law or regulation of any State shall require a warrant; may make an arrest without a warrant for a misdemeanor violation of this chapter if he has reasonable grounds to believe that the person to be arrested is committing a violation in his presence or view; and may execute and serve any subpena, arrest warrant, search warrant issued in accordance with rule 41 of the Federal Rules of
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Federal law — U.S. Code and appendices · legal_authorities
Page 2292
TITLE 16—CONSERVATION
§ 3374
‘‘(other than subsection 3372(b) of this title)’’ in pars.
(1)(A), (B), and (2).
Subsec. (d)(3). Pub. L. 100–653, § 102(b), added par. (3).
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 2008 AMENDMENT
Amendment of this section and repeal of Pub. L.
110–234 by Pub. L. 110–246 effective May 22, 2008, the
date of enactment of Pub. L. 110–234, except as other-
wise provided, see section 4 of Pub. L. 110–246, set out
as an Effective Date note under section 8701 of Title 7,
Agriculture.
Pub. L. 110–234, title VIII, § 8204(f), May 22, 2008, 122
Stat. 1294, and Pub. L. 110–246, § 4(a), title VIII, § 8204(f),
June 18, 2008, 122 Stat. 1664, 2056, provided that the
amendment made by section 8204(f) is effective Nov. 14,
1988, and as if included in the enactment of section
102(c) of Pub. L. 100–653.
[Pub. L. 110–234 and Pub. L. 110–246 enacted identical
provisions. Pub. L. 110–234 was repealed by section 4(a)
of Pub. L. 110–246, set out as a note under section 8701
of Title 7, Agriculture.]
TRANSFER OF FUNCTIONS
For transfer of functions of the Secretary of Agri-
culture relating to agricultural import and entry in-
spection activities under this chapter to the Secretary
of Homeland Security, and for treatment of related ref-
erences, see sections 231, 551(d), 552(d), and 557 of Title
6, Domestic Security, and the Department of Homeland
Security Reorganization Plan of November 25, 2002, as
modified, set out as a note under section 542 of Title 6.
§ 3374. Forfeiture
(a) In general
(1) All fish or wildlife or plants bred, pos-
sessed, imported, exported, transported, sold, re-
ceived, acquired, or purchased contrary to the
provisions of section 3372 of this title (other
than section 3372(b) of this title
Source: Supplied 2024 U.S. Code historical extraction · 16 U.S.C. § 3374
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