16 U.S.C. § 3375 — Enforcement

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 L. 110–234 was repealed by section 4(a) of Pub.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), or any regula- tion 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. (2) All vessels, vehicles, aircraft, and other equipment used to aid in the importing, export- ing, 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 con- senting 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 for- feitures incurred, or alleged to have been in- curred, under the provisions of this chapter, in- sofar as such provisions of law are applicable and not inconsistent with the provisions of this chapter, except that all powers, rights, and du- ties conferred or imposed by the customs laws upon any officer or employee of the Treasury Department may, for the purposes of this chap- ter, also be exercised or performed by the Sec- retary 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 shall be liable for the costs incurred in the stor- age, care, and maintenance of any fish or wild- life or plant seized in connection with the viola- tion concerned. (d) Civil forfeitures Civil forfeitures under this section shall be governed by the provisions of chapter 46 of title 18. (Pub. L. 97–79, § 5, Nov. 16, 1981, 95 Stat. 1076; Pub. L. 110–234, title VIII, § 8204(d), May 22, 2008, 122 Stat. 1294; Pub. L. 110–246, § 4(a), title VIII, § 8204(d), June 18, 2008, 122 Stat. 1664, 2056; Pub. L. 117–243, § 5, Dec. 20, 2022, 136 Stat. 2338.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsecs. (a)(2) and (b), was in the original ‘‘this Act’’, meaning Pub. L. 97–79, Nov. 16, 1981, 95 Stat. 1073, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 3371 of this title and Tables. Rule 41 of the Federal Rules of Criminal Procedure, referred to in subsec. (b), is set out in the Appendix to Title 18, Crimes and Criminal Procedure. CODIFICATION Pub. L. 110–234 and Pub. L. 110–246 made identical amendments to this section. The amendments by Pub. L. 110–234 were repealed by section 4(a) of Pub. L. 110–246. AMENDMENTS 2022—Subsec. (a)(1). Pub. L. 117–243 inserted ‘‘bred, possessed,’’ before ‘‘imported, exported,’’. 2008—Subsec. (d). Pub. L. 110–246, § 8204(d), added sub- sec. (d). 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, see section 4 of Pub. L. 110–246, set out as an Effective Date 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. § 3375. Enforcement (a) In general The provisions of this chapter and any regula- tions issued pursuant thereto shall be enforced Page 2293 TITLE 16—CONSERVATION § 3375 1 So in original. The semicolon probably should be a colon. by the Secretary, the Secretary of Transpor- tation, 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 en- forcing 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 pres- ence, 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; 1 Provided, That an arrest for a felony violation of this chapter that is not committed in the pres- ence or view of any such person and that in- volves only the transportation, acquisition, re- ceipt, 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 war- rant; may make an arrest without a warrant for a misdemeanor violation of this chapter if he has reasonable grounds to believe that the per- son 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 Criminal Procedure, or other warrant of civil or criminal process issued by any officer or court of competent jurisdiction for enforce- ment of this chapter. Any person so authorized, in coordination with the Secretary of the Treas- ury, may detain for inspection and inspect any vessel, vehicle, aircraft, or other conveyance or any package, crate, or other container, includ- ing its contents, upon the arrival of such con- veyance or container in the United States or the customs waters of the United States from any point outside the United States or such customs waters, or, if such conveyance or container is being used for exportation purposes, prior to de- parture from the United States or the customs waters of the United States. Such person may also inspect and demand the production of any documents and permits required by the country of natal origin, birth, or reexport of the fish or wildlife. Any fish, wildlife, plant, property, or item seized shall be held by any person author- ized by the Secretary pending disposition of civil or criminal proceedings, or the institution of an action in rem for forfeiture of such fish, wildlife, plants, property, or item pursuant to section 3374 of this title; except that the Sec- retary may, in lieu of holding such fish, wildlife, plant, property, or item, permit the owner or consignee to post a bond or other surety satis- factory to the Secretary. (c) Jurisdiction of district courts The several district courts of the United States, including the courts enumerated in sec- tion 460 of title 28, shall have jurisdiction over any actions arising under this chapter. The venue provisions of title 18 and title 28 shall apply to any actions arising under this chapter. The judges of the district courts of the United States and the United States magistrate judges may, within their respective jurisdictions, upon proper oath or affirmation showing probable cause, issue such warrants or other process as may be required for enforcement of this chapter and any regulations issued thereunder. (d) Rewards and certain incidental expenses Beginning in fiscal year 1983, the Secretary or the Secretary of the Treasury shall pay, from sums received as penalties, fines, or forfeitures of property for any violation of this chapter or any regulation issued hereunder (1) a reward to any person who furnishes information which leads to an arrest, a criminal conviction, civil penalty assessment, or forfeiture of property for any violation of this chapter or any regulation issued hereunder, and (2) the reasonable and nec- essary costs incurred by any person in providing temporary care for any fish, wildlife, or plant pending the disposition of any civil or criminal proceeding alleging a violation of this chapter with respect to that fish, wildlife, or plant. The amount of the reward, if any, is to be designated by the Secretary or the Secretary of the Treas- ury, as appropriate. Any officer or employee of the United States or any State or local govern- ment who furnishes information or renders serv- ice in the performance of his official duties is in- eligible for payment under this subsection. (Pub. L. 97–79, § 6, Nov. 16, 1981, 95 Stat. 1077; Pub. L. 98–327, § 4, June 25, 1984, 98 Stat. 271; Pub. L. 100–653, title I, § 104, Nov. 14, 1988, 102 Stat. 3826; Pub. L. 101–650, title III, § 321, Dec. 1, 1990, 104 Stat. 5117.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in text, was in the original ‘‘this Act’’, meaning Pub. L. 97–79, Nov. 16, 1981, 95 Stat. 1073, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 3371 of this title and Tables. Rule 41 of the Federal Rules of Criminal Procedure, referred to in subsec. (b), is set out in the Appendix to Title 18, Crimes and Criminal Procedure. AMENDMENTS 1988—Subsec. (b). Pub. L. 100–653 substituted ‘‘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 ar- rested has committed or is committing a felony; may search and seize, with or without a warrant, in accord- ance with any guidelines which may be issued by the Attorney General;’’ for ‘‘may make an arrest without a warrant for any felony violation of this chapter if he has reasonable grounds to believe that the person to be arrested has committed or is committing such viola- tion:’’. 1984—Subsec. (d). Pub. L. 98–327, in first sentence, substituted a comma for ‘‘a reward’’ after ‘‘shall pay’’, inserted ‘‘(1) a reward’’ before ‘‘to any person’’, and added cl. (2). Page 2294 TITLE 16—CONSERVATION § 3376 1 So in original. Probably was meant to be ‘‘971–971h’’. 2 See References in Text note below. Statutory Notes and Related Subsidiaries CHANGE OF NAME ‘‘United States magistrate judges’’ substituted for ‘‘United States magistrates’’ in subsec. (c) pursuant to section 321 of Pub. L. 101–650, set out as a note under section 631 of Title 28, Judiciary and Judicial Proce- dure. 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. § 3376. Administration (a) Regulations (1) The Secretary, after consultation with the Secretary of the Treasury, is authorized to issue such regulations, except as provided in para- graph (2), as may be necessary to carry out the provisions of sections 3372(f), 3373, and 3374 of this title. (2) The Secretaries of the Interior and Com- merce shall jointly promulgate specific regula- tions to implement the provisions of section 3372(b) of this title for the marking and labeling of containers or packages containing fish or wildlife. These regulations shall be in accord- ance with existing commercial practices. (3) The Secretary shall, in consultation with other relevant Federal and State agencies, pro- mulgate any regulations necessary to imple- ment section 3372(e) of this title. (b) Contract authority Beginning in fiscal year 1983, to the extent and in the amounts provided in advance in appro- priations Acts, the Secretary may enter into such contracts, leases, cooperative agreements, or other transactions with any Federal or State agency, Indian tribe, public or private institu- tion, or other person, as may be necessary to carry out the purposes of this chapter. (c) Clarification of exclusions from definition of plant The Secretary of Agriculture and the Sec- retary of the Interior, after consultation with the appropriate agencies, shall jointly promul- gate regulations to define the terms used in sec- tion 3371(g)(2)(A) of this title for the purposes of enforcement under this chapter. (Pub. L. 97–79, § 7, Nov. 16, 1981, 95 Stat. 1078; Pub. L. 110–234, title VIII, § 8204(e), May 22, 2008, 122 Stat. 1294; Pub. L. 110–246, § 4(a), title VIII, § 8204(e), June 18, 2008, 122 Stat. 1664, 2056; Pub. L. 117–243, §§ 2(b)(2), 6, Dec. 20, 2022, 136 Stat. 2336, 2338.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsecs. (b) and (c), was in the original ‘‘this Act’’, meaning Pub. L. 97–79, Nov. 16, 1981, 95 Stat. 1073, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 3371 of this title and Tables. CODIFICATION Pub. L. 110–234 and Pub. L. 110–246 made identical amendments to this section. The amendments by Pub. L. 110–234 were repealed by section 4(a) of Pub. L. 110–246. AMENDMENTS 2022—Subsec. (a)(3). Pub. L. 117–243, § 6, added par. (3). Subsec. (c). Pub. L. 117–243, § 2(b)(2), substituted ‘‘sec- tion 3371(g)(2)(A)’’ for ‘‘section 3371(f)(2)(A)’’. 2008—Subsec. (a)(1). Pub. L. 110–246, § 8204(e)(1), sub- stituted ‘‘sections 3372(f), 3373, and 3374’’ for ‘‘section 3373 and section 3374’’. Subsec. (c). Pub. L. 110–246, § 8204(e)(2), added subsec. (c). 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, see section 4 of Pub. L. 110–246, set out as an Effective Date 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. § 3377. Exceptions (a) Activities regulated by plan under Magnuson- Stevens Fishery Conservation and Manage- ment Act The provisions of paragraph (1) of section 3372(a) of this title shall not apply to any activ- ity regulated by a fishery management plan in effect under the Magnuson-Stevens Fishery Con- servation and Management Act (16 U.S.C. 1801 et seq.). (b) Activities regulated by Tuna Convention Acts; harvesting of highly migratory species taken on high seas The provisions of paragraphs (1), (2)(A), and (3)(A) of section 3372(a) of this title shall not apply to— (1) any activity regulated by the Tuna Con- ventions Act of 1950 (16 U.S.C. 951–961) or the Atlantic Tunas Convention Act of 1975 (16 U.S.C. 971–971(h) 1); or (2) any activity involving the harvesting of highly migratory species (as defined in para- graph (14) of section 3 2 of the Magnuson-Ste- vens Fishery Conservation and Management Act [16 U.S.C. 1802(14)]) taken on the high seas (as defined in paragraph (13) of such section 3) if such species are taken in violation of the laws of a foreign nation and the United States does not recognize the jurisdiction of the for- eign nation over such species. (c) Interstate shipment or transshipment through Indian country of fish, wildlife, or plants for legal purposes The provisions of paragraph (2) of section 3372(a) of this title shall not apply to the inter-