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 such agency. (2) Notice of the requirement to possess such stamps shall be displayed prominently in all places where State hunting, trapping, or fish- ing licenses are sold. To the maximum extent practicable, the sale of such stamps shall be combined with the sale of such State hunting, trapping, and fishing licenses. (3) Except for expenses incurred in the print- ing, issuing, or selling of such stamps, the fees collected for such stamps by the State agency shall be utilized in carrying out conservation and rehabilitation programs implemented under this subchapter in the State concerned. Such fees may be used by the State agency to acquire lands or interests therein from willing sellers or donors to provide public access to program lands that have no existing public ac- cess for enhancement of outdoor recreation and wildlife conservation: Provided, That the Secretary of Agriculture and the Secretary of the Interior maintain such access, or ensure that maintenance is provided for such access, through or to lands within their respective ju- risdiction. (4) The purchase of any such stamp shall en- title the purchaser thereof to hunt, trap, and fish on any public land within such State which is the subject of a conservation or reha- bilitation program implemented under this subchapter except to the extent that the pub- lic use of such land is limited pursuant to a comprehensive plan or cooperative agreement; but the purchase of any such stamp shall not be construed as (A) eliminating the require- ment for the purchase of a migratory bird hunting stamp as set forth in section 718a of this title, or (B) relieving the purchaser from compliance with any applicable State game and fish laws and regulations. (5) The amount of the fee to be charged for such stamps, the age at which the individual is required to acquire such a stamp, and the ex- piration date for such stamps shall be mutu- ally agreed upon by the State agency and the Secretary or Secretaries concerned; except that each such stamp shall be void not later than one year after the date of issuance. (6) Each such stamp must be validated by the purchaser thereof by signing his name across the face of the stamp. (7) Any individual to whom a stamp is sold pursuant to this section shall upon request ex- hibit such stamp for inspection to any officer or employee of the Department of the Interior or the Department of Agriculture, or to any other person who is authorized to enforce sec- tion 670j(a) of this title. (Pub. L. 86–797, title II, § 203, as added Pub. L. 93–452, § 2, Oct. 18, 1974, 88 Stat. 1371; amended Pub. L. 100–653, title II, § 201, Nov. 14, 1988, 102 Stat. 3826; Pub. L. 112–81, div. A, title III, § 312(b)(9), Dec. 31, 2011, 125 Stat. 1354.) Editorial Notes AMENDMENTS 2011—Pub. L. 112–81 inserted section catchline and headings for subsecs. (a) and (b) and realigned margins of subsec. (b)(3). 1988—Subsec. (b)(3). Pub. L. 100–653 amended par. (3) generally. Prior to amendment, par. (3) read as follows: ‘‘Except for expenses incurred in the printing, issuing, or selling of such stamps, the fees collected for such stamps by the State agency shall be utilized in car- rying out conservation and rehabilitation programs im- plemented under this subchapter in the State con- cerned and for no other purpose. If such programs are implemented by both the Secretary of the Interior and the Secretary of Agriculture in the State, the Secre- taries shall mutually agree, on such basis as they deem reasonable, on the proportion of such fees that shall be applied by the State agency to their respective pro- grams.’’ § 670j. Enforcement provisions (a) Violations and penalties (1) Any person who hunts, traps, or fishes on any public land which is subject to a conserva- tion and rehabilitation program implemented under this subchapter without having on his per- son 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 impris- oned 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 shall be fined not more than $500, or imprisoned not more than six months, or both. Page 1215 TITLE 16—CONSERVATION § 670k (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 sub- section (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 be- lieve is being committed in his presence or view; (iv) search without warrant or process any per- son, place, or conveyance as provided by law; and (v) seize without warrant or process any evi- dentiary item as provided by law. (2) Upon the sworn information by a com- petent 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 sub- section (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. (c) Seizure and forfeiture All guns, traps, nets, and other equipment, vessels, vehicles, and other means of transpor- tation used by any person when engaged in com- mitting an offense under subsection (a) of this section shall be subject to forfeiture to the United States and may be seized and held pend- ing 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 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 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. (Pub. L. 86–797, title II, § 204, as added Pub. L. 93–452, § 2, Oct. 18, 1974, 88 Stat. 1372; amended Pub. L. 112–81, div. A, title III, § 312(b)(10), (c), Dec. 31, 2011, 125 Stat. 1354, 1355.) Editorial Notes AMENDMENTS 2011—Pub. L. 112–81, § 312(b)(10), inserted section catchline and headings for subsecs. (a) to (d). Subsec. (b)(2), (3). Pub. L. 112–81, § 312(c), substituted ‘‘magistrate judge’’ for ‘‘magistrate’’. § 670k. Definitions As used in this subchapter— (1) The term ‘‘Administrator’’ means the Ad- ministrator of the National Aeronautics and Space Administration. (2) The term ‘‘Chairman’’ means the Chair- man of the Atomic Energy Commission. (3) The term ‘‘off-road vehicle’’ means any motorized vehicle designed for, or capable of, cross-country travel on or immediately over land, water, sand, snow, ice, marsh, swamp- land, or other natural terrain; but such term does not include— (A) any registered motorboat at the option of each State; (B) any military, fire, emergency, or law enforcement vehicle when used for emer- gency purposes; and (C) any vehicle the use of which is ex- pressly authorized by the Secretary of the Interior or the Secretary of Agriculture under a permit, lease, license, or contract. (4) The term ‘‘public land’’ means all lands, under the respective jurisdiction of the Sec- retary of the Interior, the Secretary of Agri- culture, the Chairman, and the Administrator, except land which is, or hereafter may be, within or designated as— (A) a military reservation; (B) a unit of the National Park System; (C) an area within the national wildlife refuge system; (D) an Indian reservation; or (E) an area within an Indian reservation or land held in trust by the United States for an Indian or Indian tribe. (5) The term ‘‘State agency’’ means the agency or agencies of a State responsible for the administration of the fish and game laws of the State. (6) The term ‘‘conservation and rehabilita- tion programs’’ means to utilize those meth- ods and procedures which are necessary to pro- tect, conserve, and enhance wildlife, fish, and game resources to the maximum extent prac- ticable on public lands subject to this sub- chapter consistent with any overall land use and management plans for the lands involved. Such methods and procedures shall include, but shall not be limited to, all activities asso- ciated with scientific resources management such as protection, research, census, law en- forcement, habitat management, propagation, live trapping and transplantation, and regu- lated taking in conformance with the provi- sions of this subchapter. Nothing in this term shall be construed as diminishing the author- ity or jurisdiction of the States with respect to the management of resident species of fish, wildlife, or game, except as otherwise provided by law. (Pub. L. 86–797, title II, § 205, as added Pub. L. 93–452, § 2, Oct. 18, 1974, 88 Stat. 1373; amended Pub. L. 112–81, div. A, title III, § 312(b)(11), Dec. 31, 2011, 125 Stat. 1355.)