§ 670j. Enforcement provisions

Statutory text

Violations and penalties

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.

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.

Enforcement powers and proceedings

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.

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.

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.

Seizure and forfeiture

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.

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.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1974
Pub. L. 86–797 title II § 204 · 74 Stat. 1031
Enacted · 16 U.S.C. § 670j
Pub. L. 86–797, title II, § 204, as added Pub. L. 93–452, § 2, Oct. 18, 1974, 88 Stat. 1372
Source evidence
Code source credit
Pub. L. 86–797, title II, § 204, as added Pub. L. 93–452, § 2, Oct. 18, 1974, 88 Stat. 1372
2011
National Defense Authorization Act for Fiscal Year 2012
Pub. L. 112–81 § 312(b)(10) · 125 Stat. 1298
Inserted · 16 U.S.C. § 670j
Pub. L. 112–81, § 312(b)(10), inserted section catchline and headings for subsecs. (a) to (d)
Source evidence
Code amendment note
Pub. L. 112–81, § 312(b)(10), inserted section catchline and headings for subsecs. (a) to (d).
Enacted provision · exact public law section
(10) Section 204 (16 U.S.C. 670j) is amended— (A) by inserting at the beginning the following: “SEC. 204. ENFORCEMENT PROVISIONS.” ; (B) by striking “sec. 204.”; (C) in subsection (a), by inserting “Violations and Penalties.—” after “(a)”; (D) in subsection (b), by inserting “Enforcement Powers and Proceedings.—” after “(b)”; and (E) in subsection (c), by inserting “Seizure and Forfeiture.—” after “(c)”; and (F) in subsection (d), by inserting “Applicability of Customs Laws.—” after “(d)”.
2011
National Defense Authorization Act for Fiscal Year 2012
Pub. L. 112–81 § 312(c) · 125 Stat. 1298
Substituted · 16 U.S.C. § 670j(b)(2); 16 U.S.C. § 670j(b)(3)
Pub. L. 112–81, § 312(c), substituted “magistrate judge” for “magistrate”
Source evidence
Code amendment note
Subsec. (b)(2), (3). Pub. L. 112–81, § 312(c), substituted “magistrate judge” for “magistrate”.
Enacted provision · exact public law section
(c) Codification of Change of Name.— Section 204(b) of such Act (16 U.S.C. 670j) is amended by striking “magistrate” both places it appears and inserting “magistrate judge”.

2 of 3 references resolved to an enrolled provision · 1 partial

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”.

Credits

1974–2011 · 2 acts

1974Pub. L. 86–797, title II, § 204, as added Pub. L. 93–452, § 2, Oct. 18, 1974, 88 Stat. 1372
2011amended Pub. L. 112–81, div. A, title III, § 312(b)(10), (c), Dec. 31, 2011, 125 Stat. 1354, 1355.

Show as published

(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.)