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16 U.S.C. § 256cForfeiture of property used in hunting, fishing, etc.

submitted 84 years ago by ch. 151 to r/title-16-CONSERVATION · 245 words · no verdicts yet

in plain englishAI-generated · not legal advice

Guns, traps, vehicles, and other gear used for illegal hunting or fishing in the park can be seized. This property is forfeited to the United States if the user is convicted. A court decides whether vehicles and similar equipment must be forfeited.

Any gun, bow, trap, net, seine, fishing gear, clothing, team, horse, machinery, logging equipment, motor vehicle, aircraft, boat, or other means of transportation that someone uses inside the park to kill, trap, snare, take, or capture wild birds, fish, or animals — or to take, destroy, or damage trees, plants, or mineral deposits — in violation of this law or its rules, is forfeited to the United States. Park officers can seize this property and hold it while the person or organization is being prosecuted. If the person or organization using that property is convicted, the forfeiture is an added penalty on top of any other punishment. The Secretary of the Interior controls how forfeited property is disposed of and accounted for. However, forfeiture of teams, horses, machinery, logging equipment, motor vehicles, aircraft, boats, or other transportation is left to the court's discretion — the court decides whether to order it.
the actual law source: uscode.house.gov ↗public domain

All guns, bows, traps, nets, seines, fishing tackle, clothing, teams, horses, machinery, logging equipment, motor vehicles, aircraft, boats, or means of transportation of every nature or description used by any person or persons or organizations within the limits of the park when engaged in or attempting to engage in killing, trapping, ensnaring, taking or capturing such wild birds, fish or animals, or taking, destroying or damaging such trees, plants, or mineral deposits contrary to the provisions of this Act or the rules and regulations promulgated by the Secretary of the Interior shall be forfeited to the United States and may be seized by the officers in the park and held pending prosecution of any person or persons or organization arrested under or charged with violating the provisions of this Act, and upon conviction under this Act of such persons or organizations using said guns, bows, traps, nets, seines, fishing tackle, clothing, teams, horses, machinery, logging equipment, motor vehicles, aircraft, boats, or other means of transportation of every nature and description used by any person or persons or organization, such forfeiture shall be adjudicated as a penalty in addition to the other punishment prescribed in this Act. Such forfeited property shall be disposed of and accounted for by and under the authority of the Secretary of the Interior: Provided, That the forfeiture of teams, horses, machinery, logging equipment, motor vehicles, aircraft, boats, or other means of transportation shall be in the discretion of the Court.

Source credit: (Mar. 6, 1942, ch. 151, § 4, 56 Stat. 136; Pub. L. 100–668, title I, § 104(b), Nov. 16, 1988, 102 Stat. 3962.)

history & why it existsrecord from the source credit
  • 1942Enacted · Act of Mar. 6, 1942, ch. 151 · 56 Stat. 136
  • 1988Amended · Pub. L. 100-668 · 102 Stat. 3962

A history note hasn’t been published yet. The record shows enactment by ch. 151 on 1942-03-06.

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