§ 742l. Enforcement authority for the protection of fish and wildlife resources

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.

1. 1978

   Fish and Wildlife Improvement Act of 1978

   Pub. L. 95–616 § 3 · 92 Stat. 3110

   Enacted · 16 U.S.C. § 742l

   Pub. L. 95–616, § 3 (less (e)–(j)), Nov. 8, 1978, 92 Stat. 3110

   Source evidence

   Code source credit
   Pub. L. 95–616, § 3 (less (e)–(j)), Nov. 8, 1978, 92 Stat. 3110

   Enacted provision · exact public law section
   SEC. 3. ENFORCEMENT AUTHORITY FOR THE PROTECTION OF FISH AND WILDLIFE RESOURCES. (a) Law Enforcement Training Program.— (1) In order to provide for and encourage training, research, and development for the purpose of improving fish and wildlife law enforcement and developing new methods for the prevention, detection, and reduction of violation of fish and wildlife laws, and the apprehension of violators of such laws, the Secretary of the Interior and the Secretary of Commerce may each— (A) establish and conduct national training programs to provide, at the request of any State, training for State fish and wildlife law enforcement personnel; (B) develop new or improved approaches, techniques, systems, equipment, and service to improve and strengthen fish and wildlife law enforcement; and (C) assist in conducting, at the request of any appropriate State official, local or regional training programs for the training of State fish and wildlife law enforcement personnel. Such training programs shall be conducted to the maximum extent practicable through established programs. (2) There are authorized to be appropriated beginning with fiscal year 1980 such funds as may be necessary to carry out the purposes of subsection (b), and the Secretary of the Interior and the Secretary of Commerce may each require reimbursement from the States for expenditures made pursuant to subsections (b)(1) (A) and (C). (b) Law Enforcement Cooperative Agreement.— Notwithstanding any other provision of law, the Secretary of the Interior and the Secretary of Commerce may each utilize by agreement, with or without reimbursement, the personnel, services and facilities of any other Federal or State agency to the extent he deems it necessary and appropriate for effective enforcement of any Federal or State laws on lands, waters, or interests therein under his jurisdiction which are administered or managed for fish and wildlife purposes and for enforcement of any laws administered by him relating to fish and wildlife. Persons so designated by either Secretary, who are not employees of another Federal agency— (1) shall not be deemed a Federal employee and shall not be subject to the provisions of law relating to Federal employment, including those relating to hours of work, competitive examination, rates of compensation, and Federal employee benefits, but may be considered eligible for compensation for work injuries under subchapter III of chapter 81 of title 5, United States Code; 5 USC 8191. (2) shall be considered to be investigative or law enforcement officers of the United States for the purposes of the tort claim provisions of title 28, United States Code; (3) may, to the extent specified by either Secretary, search, seize, arrest, and exercise any other law enforcement functions or authorities under Federal laws relating to fish and wildlife, where such authorities are made applicable by this or any other law to employees, officers, or other persons designated or employed by either Secretary; and (4) shall be considered to be officers or employees of the Department of the Interior or the Department of Commerce, as the case may be, within the meaning of sections 111 and 1114 of title 18, United States Code. (c) Disposal of Abandoned or Forfeited Property.— Notwithstanding any other provision of law, all fish, wildlife, plants, or any other items abandoned or forfeited to the United States under any laws administered by the Secretary of the Interior or the Secretary of Commerce relating to fish, wildlife, or plants, shall be disposed of by either Secretary in such a manner as he deems appropriate (including, but not limited to, loan, gift, sale, or destruction). (d) Disclaimer.— Nothing in this section shall be construed to invalidate any law enforcement agreement or delegation made by the Secretary of the Interior or the Secretary of Commerce with respect to fish and wildlife matters prior to the date of enactment of this Act. (e) Refuge Recreation Act.— Section 4 of the Act of September 28, 1962 (76 Stat. 654, 16 U.S.C. 460k–3), is amended by adding at the end thereof the following new sentence: “The provisions of this Act and any such regulation shall be enforced by any officer or employee of the United States Fish and Wildlife Service designated by the Secretary of the Interior.”. (f) National Wildlife Refuge System Administration Act.— The final sentence of section (4) (f) of the National Wildlife Refuge System Administration Act of 1966 (16 U.S.C. 668dd(f)) is amended to read as follows: “Any property, fish, bird, mammal, or other wild vertebrate or invertebrate animals or part or egg thereof seized with or without a search warrant shall be held by such person or by a United States marshal, and upon conviction, shall be forfeited to the United States and disposed of by the Secretary, in accordance with law.”. (g) Bear River Migratory Bird Refuge.— Section 6(b) of the Act of April 23, 1928 (45 Stat. 449; 16 U.S.C. 690e) is amended by striking at the end thereof the term “and disposed of as directed by the court having jurisdiction.” and inserting in lieu thereof the term “and disposed of as directed by the Secretary of the Interior, in accordance with law.”. (h) Migratory Bird Treaty Act.— (1) The final sentence of section 5 of the Migratory Bird Treaty Act (16 U.S.C. 706) is amended to read as follows: “All birds, or parts, nests, or eggs thereof, captured, killed, taken, sold or offered for sale, bartered or offered for barter, purchased, shipped, transported, carried, imported, exported, or possessed contrary to the provisions of this Act or of any regulation prescribed thereunder shall, when found, be seized and, upon conviction of the offender or upon judgment of a court of the United States that the same were captured, killed, taken, sold or offered for sale, bartered or offered for barter, purchased, shipped, transported, carried, imported, exported, or possessed contrary to the provisions of this Act or of any regulation prescribed thereunder, shall be forfeited to the United States and disposed of by the Secretary of the Interior in such manner as he deems appropriate.”. (2) Regulations.16 USC 712. In accordance with the various migratory bird treaties and conventions with Canada, Japan, Mexico, and the Union of Soviet Socialist Republics, the Secretary of the Interior is authorized to issue such regulations as may be necessary to assure that the taking of migratory birds and the collection of their eggs, by the indigenous inhabitants of the State of Alaska, shall be permitted for their own nutritional and other essential needs, as determined by the Secretary of the Interior, during seasons established so as to provide for the preservation and maintenance of stocks of migratory birds. (3) Regulations. The Secretary of the Interior is authorized to issue such regulations as may be necessary to implement the provisions of the convention between the United States and Great Britain for the protection of migratory birds concluded August 16, 1916, the convention between the United States and the Unitea Mexican States for the protection of migratory birds and game mammals concluded February 7, 1936, the convention between the United States and the Government of Japan for the protection of migratory birds in danger of extinction, and their environment concluded March 4, 1972, and the convention between the United States and the Union of Soviet Socialist Republics for the conservation of migratory birds and their environment concluded November 19, 1976. (i) Migratory Bird Hunting and Conservation Stamp Act.— The final sentence of section 6 of the Act of March 16, 1934 (48 Stat. 452,16 U.S.C. 718f) is amended to read as follows: “Any bird or part thereof taken or possessed contrary to this Act shall, when seized, be disposed of by the Secretary in accordance with law.”. (j) Title 18.— (1) Section 3112 of title 18, United States Code, is amended by striking out “court” and inserting in lieu thereof “Secretary”. (2) Section 1114 of such title 18 is amended by inserting immediately before “or of the Department of Labor” the following: “, the Department of Commerce,”.

2. 1982

   Pub. L. 97–396 § 7 · 96 Stat. 2005

   Added · 16 U.S.C. § 742l(k)

   Pub. L. 97–396 added subsec. (k)

   Source evidence

   Code amendment note
   Subsec. (k). Pub. L. 97–396 added subsec. (k).

   Enacted provision · exact public law section
   Sec. 7. Section 3 of the Fish and Wildlife Improvement Act of 1978 16 USC 742l. (16 U.S.C. 7421) is amended by adding at the end thereof the following new subsection: “(k) Law Enforcement Operations.— With respect to any undercover or other enforcement operation which is necessary for the detection and prosecution of violations of any laws administered by the United States Fish and Wildlife Service or the National Marine Fisheries Service relating to fish, wildlife, or plants, the Secretary of the Interior or the Secretary of Commerce may, notwithstanding any other provision of law— “(1) direct the advance of funds which may be deposited in commercial banks or other financial institutions; “(2) use appropriations for payment for information, rewards, or evidence concerning violations, without reference to any rewards to which such persons may otherwise be entitled by law, and any moneys subsequently recovered shall be reimbursed to the current appropriation; and “(3) use appropriations to establish or acquire proprietary corporations or business entities as part of an undercover operation, operate such corporations or business entities on a commercial basis, lease space and make other necessary expenditures, and use the proceeds from such undercover operations to offset necessary and reasonable expenses incurred in such operations: Provided, That at the conclusion of each such operation the proceeds shall be deposited in the Treasury of the United States as miscellaneous receipts.”.

3. 1998

   Fish and Wildlife Revenue Enhancement Act of 1998

   Pub. L. 105–328 § 3 · 112 Stat. 3057

   1. Amended · 16 U.S.C. § 742l(c)

      Pub. L. 105–328 designated existing provisions as par. (1)

   2. Inserted · 16 U.S.C. § 742l(c)

      Pub. L. 105–328 inserted heading

   3. Substituted · 16 U.S.C. § 742l(c)

      Pub. L. 105–328 substituted “Subject to paragraph (2), notwithstanding” for “Notwithstanding”

   4. Added · 16 U.S.C. § 742l(c)

      Pub. L. 105–328 added pars. (2) and (3)

   Source evidence

   Code amendment note
   Subsec. (c). Pub. L. 105–328 designated existing provisions as par. (1) and inserted heading, substituted “Subject to paragraph (2), notwithstanding” for “Notwithstanding”, and added pars. (2) and (3).

   Enacted provision · exact public law section
   SEC. 3. USE OF PROCEEDS OF CERTAIN SALES. Section 3(c) of the Fish and Wildlife Improvement Act of 1978 (16 U.S.C. 7421(c)) is amended— (1) by striking “Notwithstanding” and inserting the following: “(1) In general.— Subject to paragraph (2), notwithstanding” and (2) by adding at the end the following: “(2) Prohibition on sale of certain items.— In carrying out paragraph (1), the Secretary of the Interior and the Secretary of Commerce may not sell any species of fish, wildlife, or plant, or derivative thereof, for which the sale is prohibited by another Federal law. “(3) Use of revenues.— The Secretary of the Interior and the Secretary of Commerce may each expend any revenues received from the disposal of items under paragraph (1), and all sums referred to in the first sentence of section 11(d) of the Endangered Species Act of 1973 (16 U.S.C. 1540(d)) and the first sentence of section 6(d) of the Lacey Act Amendments of 1981 (16 U.S.C. 3375(d))— “(A) to make payments in accordance with those sections; and “(B) to pay costs associated with— “(i) shipping items referred to in paragraph (1) to and from the place of storage, sale, or temporary or final disposal, including temporary or permanent loan; “(ii) storage of the items, including inventory of, and security for, the items; “(iii) appraisal of the items; “(iv) sale or other disposal of the items in accordance with applicable law, including auctioneer commissions and related expenses; “(v) payment of any valid liens or other encumbrances on the items and payment for other measures required to clear title to the items; and “(vi) in the case of the Secretary of the Interior only, processing and shipping of eagles and other migratory birds, and parts of migratory birds, for Native American religious purposes.”.

6 of 6 references resolved to an enrolled provision