16 U.S.C. § 742k — Management and disposition of vessels

Page 1312 TITLE 16—CONSERVATION § 742j–2 1 So in original. Probably should be ‘‘section’’. (d) Enforcement; regulations; arrest; search; issuance and execution of warrants and process; cooperative agreements The Secretary of the Interior shall enforce the provisions of this section and shall promulgate such regulations as he deems necessary and ap- propriate to carry out such enforcement. Any employee of the Department of the Interior au- thorized by the Secretary of the Interior to en- force the provisions of this section may, without warrant, arrest any person committing in his presence or view a violation of this section or of any regulation issued hereunder and take such person immediately for examination or trial be- fore an officer or court of competent jurisdic- tion; may execute any warrant or other process issued by an officer or court of competent juris- diction for the enforcement of the provisions of this section; and may, with or without a war- rant, as authorized by law, search any place. The Secretary of the Interior is authorized to enter into cooperative agreements with State fish and wildlife agencies or other appropriate State authorities to facilitate enforcement of this section, and by such agreements to delegate such enforcement authority to State law en- forcement personnel as he deems appropriate for effective enforcement of this section. Any judge of any court established under the laws of the United States, and any United States mag- istrate judge may, within his respective jurisdic- tion, upon proper oath or affirmation showing probable cause, issue warrants in all such cases. (e) Forfeiture All birds, fish, or other animals shot or cap- tured contrary to the provisions of this section, or of any regulation issued hereunder, and all guns, aircraft, and other equipment used to aid in the shooting, attempting to shoot, capturing, or harassing of any bird, fish, or other animal in violation of this section or of any regulation issued hereunder shall be subject to forfeiture to the United States. (f) Certain customs laws applied All provisions of law relating to the seizure, forfeiture, and condemnation of a vessel for vio- lation of the customs laws, the disposition of such vessel or the proceeds from the sale there- of, and the remission or mitigation of such for- feitures, shall apply to the seizures and forfeit- ures incurred, or alleged to have been incurred, under the provisions of this section, insofar as such provisions of law are applicable and not in- consistent with the provisions of this section; except that all powers, rights, and duties con- ferred or imposed by the customs laws upon any officer or employee of the Treasury Department shall, for the purposes of this section, be exer- cised or performed by the Secretary of the Inte- rior or by such persons as he may designate. (Aug. 8, 1956, ch. 1036, § 13, as added Pub. L. 92–159, § 1, Nov. 18, 1971, 85 Stat. 480; amended Pub. L. 92–502, Oct. 18, 1972, 86 Stat. 905; Pub. L. 101–650, title III, § 321, Dec. 1, 1990, 104 Stat. 5117.) Editorial Notes AMENDMENTS 1972—Subsecs. (d) to (f). Pub. L. 92–502 added subsecs. (d) to (f). Statutory Notes and Related Subsidiaries CHANGE OF NAME ‘‘United States magistrate judge’’ substituted for ‘‘United States magistrate’’ in subsec. (d) 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. EFFECTIVE DATE Pub. L. 92–159, § 3, Nov. 18, 1971, 85 Stat. 481, provided that: ‘‘The amendments made by the first section of this Act [enacting this section] shall take effect as of the thirtieth day after the date of enactment of such section [Nov. 18, 1971]; except that, in any case in which a State is not authorized to issue any permit referred to in the amendments made by such first section, such amendments shall take effect in any such State as of the thirtieth day after the expiration of the next reg- ular session of the legislature of such State which be- gins on or after the date of enactment of this Act.’’ § 742j–2. Uniform allowance Notwithstanding subsection 1 5901(a) of title 5, the uniform allowance for each uniformed em- ployee of the United States Fish and Wildlife Service may be up to $400 annually. (Aug. 8, 1956, ch. 1036, § 14, as added Pub. L. 96–291, § 2, June 28, 1980, 94 Stat. 608.) § 742k. Management and disposition of vessels and other property acquired and arising out of fishery loans or related type of activities For the purpose of facilitating administration of, and protecting the interest of the Govern- ment in, the fishery loan fund established by section 742c of this title and any related type of activities relating to fisheries for which the De- partment of the Interior is now or may hereafter be responsible, the Secretary of the Interior, notwithstanding any other provisions of law, may hereafter administer, complete, recondi- tion, reconstruct, renovate, repair, maintain, operate, charter, assign, or sell upon such terms and conditions as he may deem most advan- tageous to the United States, any vessel, plant, or other property acquired by him on behalf of the United States and arising out of any fishery loan or any related type of activity by the Sec- retary of the Interior. The Secretary may use any of the applicable funds in each particular in- stance for the aforesaid purposes. (Pub. L. 87–219, Sept. 13, 1961, 75 Stat. 493.) Executive Documents TRANSFER OF FUNCTIONS Transfer of functions to Secretary of Commerce from Secretary of the Interior by Reorg. Plan No. 4 of 1970, eff. Oct. 3, 1970, 35 F.R. 15627, 84 Stat. 2090, see Transfer of Functions note set out under section 742b of this title. § 742l. Enforcement authority for the protection of fish and wildlife resources (a) Law enforcement training program (1) In order to provide for and encourage train- ing, research, and development for the purpose of improving fish and wildlife law enforcement