TITLE 16 - CONSERVATION
CHAPTER 5A - PROTECTION AND CONSERVATION OF WILDLIFE
SUBCHAPTER II - PROTECTION OF BALD AND GOLDEN EAGLES
HEAD
Sec. 668b. Enforcement provisions
STATUTE
(a) Arrest; search; issuance and execution of warrants and process
Any employee of the Department of the Interior authorized by the
Secretary of the Interior to enforce the provisions of this
subchapter may, without warrant, arrest any person committing in
his presence or view a violation of this subchapter or of any
permit or regulations issued hereunder and take such person
immediately for examination or trial before an officer or court of
competent jurisdiction; may 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 may, with or
without a warrant, 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
subchapter, and by said agreements to delegate such enforcement
authority to State law enforcement personnel as he deems
appropriate for effective enforcement of this subchapter. Any judge
of any court established under the laws of the United States, and
any United States magistrate judge may, within his respective
jurisdiction, upon proper oath or affirmation showing probable
cause, issue warrants in all such cases.
(b) Forfeiture
All bald or golden eagles, or parts, nests, or eggs thereof,
taken, possessed, sold, purchased, bartered, offered for sale,
purchase, or barter, transported, exported, or imported contrary to
the provisions of this subchapter, or of any permit or regulation
issued hereunder, and all guns, traps, nets, and other equipment,
vessels, vehicles, aircraft, and other means of transportation used
to aid in the taking, possessing, selling, purchasing, bartering,
offering for sale, purchase, or barter, transporting, exporting, or
importing of any bird, or part, nest, or egg thereof, in violation
of this subchapter or of any permit or regulation issued hereunder
shall be subject to forfeiture to the United States.
(c) Customs laws applied
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 subchapter, insofar as such
provisions of law are applicable and not inconsistent with the
provisions of this subchapter: Provided, That all powers, rights,
and duties conferred or imposed by the customs laws upon any
officer or employee of the Treasury Department shall, for the
purposes of this subchapter, be exercised or performed by the
Secretary of the Interior or by such persons as he may designate.
SOURCE
(June 8, 1940, ch. 278, Sec. 3, 54 Stat. 251; Pub. L. 90-578, title
IV, Sec. 402(b)(2), Oct. 17, 1968, 82 Stat. 1118; Pub. L. 92-535,
Sec. 3, Oct. 23, 1972, 86 Stat. 1065; Pub. L. 101-650, title III,
Sec. 321, Dec. 1, 1990, 104 Stat. 5117.)
AMENDMENTS
1972 - Pub. L. 92-535 substituted provisions relating to
enforcement of this subchapter including arrest, without warrant,
issuance and execution of warrants and process, search, forfeiture,
and applicability of certain customs laws, for provisions
incorporating provisions of section 706 in haec verba.
CHANGE OF NAME
"United States magistrate judge" substituted for "United States
magistrate" in subsec. (a) pursuant to section 321 of Pub. L. 101-
650, set out as a note under section 631 of Title 28, Judiciary
and Judicial Procedure. Previously, "United States magistrate"
substituted for "United States commissioner" in subsec. (a)
pursuant to Pub. L. 90-578. See chapter 43 (Sec. 631 et seq.) of
Title 28.
TRANSFER OF FUNCTIONS
Enforcement functions of Secretary or other official in
Department of the Interior related to compliance with this
subchapter with respect to pre-construction, construction, and
initial operation of transportation system for Canadian and Alaskan
natural gas transferred to Federal Inspector, Office of Federal
Inspector for Alaska Natural Gas Transportation System, until first
anniversary of date of initial operation of Alaska Natural Gas
Transportation System, see Reorg. Plan No. 1 of 1979, Secs. 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, Government
Organization and Employees. Office of Federal Inspector for the
Alaska Natural Gas Transportation System abolished and functions
and authority vested in Inspector transferred to Secretary of
Energy by section 3012(b) of Pub. L. 102-486, set out as an
Abolition of Office of Federal Inspector note under section 719e of
Title 15, Commerce and Trade. Functions and authority vested in
Secretary of Energy subsequently transferred to Federal Coordinator
for Alaska Natural Gas Transportation Projects by section 720d(f)
of Title 15.
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