16 U.S.C. § 706 — Arrests; search warrants

Page 1267 TITLE 16—CONSERVATION § 706 Territory, or district to or through another State, Territory, or district, or to or through a foreign country, any bird, or any part, nest, or egg thereof, captured, killed, taken, shipped, transported, or carried at any time contrary to the laws of the State, Territory, or district in which it was captured, killed, or taken, or from which it was shipped, transported, or carried. It shall be unlawful to import any bird, or any part, nest, or egg thereof, captured, killed, taken, shipped, transported, or carried contrary to the laws of any Province of the Dominion of Canada in which the same was captured, killed, or taken, or from which it was shipped, trans- ported, or carried. (July 3, 1918, ch. 128, § 4, 40 Stat. 755; June 20, 1936, ch. 634, § 4, 49 Stat. 1556; 1939 Reorg. Plan No. II, § 4(f), eff. July 1, 1939, 4 F.R. 2731, 53 Stat. 1433; Pub. L. 91–135, § 10, Dec. 5, 1969, 83 Stat. 282.) Editorial Notes AMENDMENTS 1969—Pub. L. 91–135 repealed second par., which pro- hibited shipment of wild game mammals or parts there- of by any person of the United States to and from Mex- ico, except by permit from the Secretary of the Inte- rior. 1936—Act June 20, 1936, inserted last sentence. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1969 AMENDMENT Pub. L. 91–135, § 11, Dec. 5, 1969, 83 Stat. 282, provided that: ‘‘The provisions of sections 1 through 10 of this Act [enacting sections 668cc–1 to 668cc–6 of this title and amending this section, sections 851, 852, 852a, and 852d of this title, and sections 43, 44, 3054, and 3112 of Title 18, Crimes and Criminal Procedure] shall be effec- tive one hundred and eighty days after the date of en- actment of this Act [Dec. 5, 1969].’’ EFFECTIVE DATE OF 1936 AMENDMENT Act June 20, 1936, ch. 634, § 4, 49 Stat. 1556, provided in part that the amendment by section 4 is effective as of the day aforesaid (June 30, 1937). See note under section 703 of this title. Executive Documents 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 701 of this title. § 706. Arrests; search warrants Any employee of the Department of the Inte- rior 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 sub- chapter in his presence or view and to take such person immediately for examination or trial be- fore an officer or court of competent jurisdic- tion; 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 estab- lished 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 regula- tion 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, im- ported, exported, or possessed contrary to the provisions of this subchapter or of any regula- tion prescribed thereunder, shall be forfeited to the United States and disposed of by the Sec- retary of the Interior in such manner as he deems appropriate. (July 3, 1918, ch. 128, § 5, 40 Stat. 756; 1939 Reorg. Plan No. II, § 4(f), eff. July 1, 1939, 4 F.R. 2731, 53 Stat. 1433; Pub. L. 90–578, title IV, § 402(b)(2), Oct. 17, 1968, 82 Stat. 1118; Pub. L. 95–616, § 3(h)(1), Nov. 8, 1978, 92 Stat. 3111; Pub. L. 101–650, title III, § 321, Dec. 1, 1990, 104 Stat. 5117.) Editorial Notes AMENDMENTS 1978—Pub. L. 95–616 made provisions respecting sei- zures 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 there- under’’ in two places for ‘‘any regulations made pursu- ant thereto’’ and ‘‘any regulation made pursuant there- to’’ 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. Statutory Notes and Related Subsidiaries CHANGE OF NAME ‘‘United States magistrate judges’’ substituted for ‘‘United States magistrates’’ in text pursuant to sec- tion 321 of Pub. L. 101–650, set out as a note under sec- tion 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 (§ 631 et seq.) of Title 28. Executive Documents 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 ini- tial operation of transportation system for Canadian and Alaskan natural gas transferred to Federal Inspec- tor, Office of Federal Inspector for Alaska Natural Gas Transportation System, until first anniversary of date of initial operation of Alaska Natural Gas Transpor- tation System, see Reorg. Plan No. 1 of 1979, §§ 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, Govern- ment Organization and Employees. Office of Federal In- spector for the Alaska Natural Gas Transportation Sys- tem abolished and functions and authority vested in In- spector transferred to Secretary of Energy by section 3012(b) of Pub. L. 102–486, set out as an Abolition of Of- fice of Federal Inspector note under section 719e of Title 15, Commerce and Trade. Functions and authority Page 1268 TITLE 16—CONSERVATION § 707 vested in Secretary of Energy subsequently transferred to Federal Coordinator for Alaska Natural Gas Trans- portation Projects by section 720d(f) of Title 15. 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. § 707. Violations and penalties; forfeitures (a) Except as otherwise provided in this sec- tion, any person, association, partnership, or corporation who shall violate any provisions of said conventions or of this subchapter, or who shall violate or fail to comply with any regula- tion made pursuant to this subchapter shall be deemed guilty of a misdemeanor and upon con- viction thereof shall be fined not more than $15,000 or be imprisoned not more than six months, or both. (b) Whoever, in violation of this subchapter, shall knowingly— (1) take by any manner whatsoever any mi- gratory bird with intent to sell, offer to sell, barter or offer to barter such bird, or (2) sell, offer for sale, barter or offer to bar- ter, any migratory bird shall be guilty of a fel- ony and shall be fined not more than $2,000 or imprisoned not more than two years, or both. (c) Whoever violates section 704(b)(2) of this title shall be fined under title 18, imprisoned not more than 1 year, or both. (d) All guns, traps, nets and other equipment, vessels, vehicles, and other means of transpor- tation used by any person when engaged in pur- suing, hunting, taking, trapping, ensnaring, cap- turing, killing, or attempting to take, capture, or kill any migratory bird in violation of this subchapter with the intent to offer for sale, or sell, or offer for barter, or barter such bird in violation of this subchapter shall be forfeited to the United States and may be seized and held pending the prosecution of any person arrested for violating this subchapter and upon convic- tion for such violation, such forfeiture shall be adjudicated as a penalty in addition to any other provided for violation of this subchapter. Such forfeited property shall be disposed of and accounted for by, and under the authority of, the Secretary of the Interior. (July 3, 1918, ch. 128, § 6, 40 Stat. 756; June 20, 1936, ch. 634, § 2, 49 Stat. 1556; Pub. L. 86–732, Sept. 8, 1960, 74 Stat. 866; Pub. L. 99–645, title V, § 501, Nov. 10, 1986, 100 Stat. 3590; Pub. L. 105–312, title I, § 103, Oct. 30, 1998, 112 Stat. 2956.) Editorial Notes AMENDMENTS 1998—Subsec. (a). Pub. L. 105–312, § 103(1), substituted ‘‘$15,000’’ for ‘‘$500’’. Subsecs. (c), (d). Pub. L. 105–312, § 103(2), (3), added subsec. (c) and redesignated former subsec. (c) as (d). 1986—Subsec. (b). Pub. L. 99–645 substituted ‘‘shall knowingly’’ for ‘‘shall’’ in introductory provisions. 1960—Pub. L. 86–732 designated existing provisions as subsec. (a), inserted ‘‘Except as otherwise provided in this section’’, and added subsecs. (b) and (c). 1936—Act June 20, 1936, substituted ‘‘conventions’’ for ‘‘convention’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1936 AMENDMENT Act June 20, 1936, ch. 634, § 2, 49 Stat. 1556, provided in part that the amendment by section 2 is effective as of the day aforesaid (June 30, 1937). See note under section 703 of this title. Executive Documents TRANSFER OF FUNCTIONS For transfer of certain enforcement functions of Sec- retary or other official in Department of the Interior under this subchapter to Federal Inspector, Office of Federal Inspector for the Alaska Natural Gas Transpor- tation System, and subsequent transfer to Secretary of Energy, then to Federal Coordinator for Alaska Nat- ural Gas Transportation Projects, see Transfer of Func- tions note set out under section 706 of this title. § 708. State or Territorial laws or regulations Nothing in this subchapter shall be construed to prevent the several States and Territories from making or enforcing laws or regulations not inconsistent with the provisions of said con- ventions or of this subchapter, or from making or enforcing laws or regulations which shall give further protection to migratory birds, their nests, and eggs, if such laws or regulations do not extend the open seasons for such birds be- yond the dates approved by the President in ac- cordance with section 704 of this title. (July 3, 1918, ch. 128, § 7, 40 Stat. 756; June 20, 1936, ch. 634, § 2, 49 Stat. 1556.) Editorial Notes AMENDMENTS 1936—Act June 20, 1936, substituted ‘‘conventions’’ for ‘‘convention’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1936 AMENDMENT Act June 20, 1936, ch. 634, § 2, 49 Stat. 1556, provided in part that the amendment by section 2 is effective as of the day aforesaid (June 30, 1937). See note under section 703 of this title. § 709. Omitted Editorial Notes CODIFICATION Section, act July 3, 1918, ch. 128, § 8, 40 Stat. 756, au- thorized taking and use of migratory birds, nests, or eggs for scientific or propagating purposes until adop- tion and approval, pursuant to section 704 of this title, of regulations dealing therewith. Regulations were pro- mulgated by Proc. July 31, 1918, 40 Stat. 1812. § 709a. Authorization of appropriations There is hereby authorized to be appropriated, from time to time, out of any money in the Treasury not otherwise appropriated, such amounts as may be necessary to carry out the provisions and to accomplish the purposes of said conventions and of this subchapter and reg- ulations made pursuant thereto, and the Sec- retary of the Interior is authorized out of such moneys to employ in the city of Washington and elsewhere such persons and means as he may deem necessary for such purpose and may co-