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16 U.S.C. § 670j — Enforcement provisions

Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 670j — Enforcement provisions

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Stable record: federal_law:legal_authorities:record_usc_e4d1d7c0ad685c12f3dea0d8
Source file: Laws/federal/codes/united-states-code/title-16/section-670j-enforcement-provisions--5767ae707b.md
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Source location: Title 16, Chapter 5C, § 670j; chapter-5c-conservation-programs-on-government-lands.md

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**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section670h/c/5&num=0&edition=prelim) shall be fined not more than $500, or imprisoned not more than six months, or both. **(b) Enforcement powers and proceedings** (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 such subsection (a), 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section3401&num=0&edition=prelim). **(c) Seizure and forfeiture** 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** 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.

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Federal law — U.S. Code and appendices · legal_authorities

18 U.S.C. § 3401 — Misdemeanors; application of probation laws

**(a)** When specially designated to exercise such jurisdiction by the district court or courts he serves, any United States magistrate judge shall have jurisdiction to try persons accused of, and sentence persons convicted of, misdemeanors committed within that judicial district. **(b)** Any person charged with a misdemeanor, other than a petty offense may elect, however, to be tried before a district judge for the district in which the offense was committed. The magistrate judge shall carefully explain to the defendant that he has a right to trial, judgment, and sentencing by a district judge and that he may have a right to trial by jury before a district judge or magistrate judge. The magistrate judge may not proceed to try the case unless the defendant, after such explanation, expressly consents to be tried before the magistrate judge and expressly and specifically waives trial, judgment, and sentencing by a district judge. Any such consent and waiver shall be made in writing or orally on the record. **(c)** A magistrate judge who exercises trial jurisdiction under this section, and before whom a person is convicted or pleads either guilty or nolo contendere, may, with the approval of a judge of the district court, direct the probation service of the court to conduct a presentence investigation on that person and render a report to the magistrate judge prior to the imposition of sentence. **(d)** The probation laws shall be applicable to persons tried by a magistrate judge under this section, and such officer shall have power to grant probation and to revoke, modify, or reinstate the probation of any person granted probation by a magistrate judge. **(e)** Proceedings before United States magistrate judges under this section shall be taken down by a court reporte

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Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 670j — Enforcement provisions

Page 1214 TITLE 16—CONSERVATION § 670i 1977 (41 U.S.C. 501 et seq.)’’ on authority of Pub. L. 97–258, § 4(b), Sept. 13, 1982, 96 Stat. 1067, the first sec- tion of which enacted Title 31, Money and Finance. AMENDMENTS 2011—Pub. L. 112–81 inserted section catchline and headings for subsecs. (a) to (d). 1982—Subsec. (d). Pub. L. 97–396 added subsec. (d). Statutory Notes and Related Subsidiaries TRANSFER OF FUNCTIONS Atomic Energy Commission abolished and functions transferred by sections 5814 and 5841 of Title 42, The Public Health and Welfare. See, also, Transfer of Func- tions notes set out under those sections. § 670i. Public land management area stamps for hunting, trapping, and fishing on public lands subject to programs (a) Agreements to require stamps Any State agency may agree with the Sec- retary of the Interior and the Secretary of Agri- culture (or with the Secretary of the Interior or the Secretary of Agriculture, as the case may be, if within the State concerned all conserva- tion and rehabilitation programs under this sub- chapter will be implemented by him) that no in- dividual will be permitted to hunt, trap, or fish on any public land within the State which is subject to a conservation and rehabilitation pro- gram implemented under this subchapter unless at the time such individual is engaged in such activity he has on his person a valid public land management area stamp issued pursuant to this section. (b) Conditions for agreements Any agreement made pursuant to subsection (a) of this section to require the issuance of pub- lic land management area stamps shall be sub- ject to the following conditions: (1) Such stamps shall be issued, sold, and the fees therefor collected, by the State agency or by the authorized agents of su

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