CITE

    16 USC Sec. 668b                                            01/08/2008

EXPCITE

    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.