16 U.S.C. § 670j — Enforcement provisions

submitted 52 years ago by Pub. L. 86-797 to r/title-16-CONSERVATION · 549 words · no verdicts yet

in plain englishAI-generated · not legal advice

This section sets fines and imprisonment for hunting, trapping, or fishing without a required stamp and for knowingly violating regulations. It grants specified enforcement powers and allows seizure and forfeiture of equipment and transportation used in an offense.

(a) Violations and penalties. (1) A person who hunts, traps, or fishes on covered public land without carrying a required valid stamp may be fined up to $1,000, imprisoned up to six months, or both. (2) A person who knowingly violates or does not follow regulations under 16 U.S.C. § 670h(c)(5) may be fined up to $500, imprisoned up to six months, or both. (b) Enforcement. (1) For subsection (a), the Interior and Agriculture Secretaries may authorize department employees and State employees authorized by agreement to carry firearms; execute and serve court-issued warrants or process; arrest without a warrant for a misdemeanor reasonably believed to be occurring in the officer’s presence or view; search people, places, or vehicles without a warrant as law allows; and seize evidence without a warrant as law allows. (2) On sworn information from a competent person, a magistrate judge or competent court may issue arrest process for a person charged under (a). (3) A charged person may be tried and sentenced by a designated United States magistrate judge under the same manner and conditions as 18 U.S.C. § 3401. (c) Seizure and forfeiture. Guns, traps, nets, other equipment, vessels, vehicles, and other transportation used in an offense are forfeitable to the United States and may be seized and held while the arrested person is prosecuted. After conviction, forfeiture may be imposed as an additional penalty. (d) Customs laws. Laws on seizure, forfeiture, condemnation, sale or proceeds, and remission or mitigation of vessel forfeitures for customs violations apply when applicable and consistent. Customs-law powers, rights, and duties of Treasury officers are instead exercised by the Interior or Agriculture Secretary or the person that Secretary designates.

the actual law source: uscode.house.gov ↗public domain

(a) Violations and penalties

(1)

Any person who hunts, traps, or fishes on any public land which is subject to a conservation and rehabilitation program implemented under this subchapter without having on his person 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 imprisoned 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.

(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 subsection (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 believe is being committed in his presence or view; (iv) search without warrant or process any person, place, or conveyance as provided by law; and (v) seize without warrant or process any evidentiary item as provided by law.

(2)

Upon the sworn information by a competent 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 subsection (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.

All guns, traps, nets, and other equipment, vessels, vehicles, and other means of transportation used by any person when engaged in committing an offense under subsection (a) of this section shall be subject to forfeiture to the United States and may be seized and held pending 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 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 section, insofar as such provisions of law are applicable and not inconsistent with the provisions of this section; except that all powers, rights, and duties conferred 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.

Source credit: (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.)

history & why it existsrecord from the source credit

1974Enacted · Pub. L. 86-797 · 88 Stat. 1372
2011Amended · Pub. L. 112-81 · 125 Stat. 1354, 1355

A history note hasn’t been published yet. The record shows enactment by Pub. L. 86-797 on 1974-10-18.

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