§727 Powers of employees of Department of the Interior

Summary

Interior Department employees who are given power to enforce these rules can arrest, without a warrant, anyone they see breaking them and take that person for immediate questioning or trial. They can also carry out warrants and, with a search warrant, search places as the warrant allows. A federal judge or a U.S. magistrate can issue those warrants after an oath that shows probable cause. Any birds, animals, fish, parts of them, plants, nests, eggs, and tools (like guns, fishing gear, or boats) found being used or taken against the rules can be seized by those employees or by marshals. The items go into custody as the Secretary of the Interior’s rules say. The seizure is reported to the U.S. attorney for forfeiture either after a conviction under section 730 or by a civil case against the items (called a libel in rem). Those cases follow admiralty-style rules, but either side can demand a jury if the value in dispute is over $20 and a jury verdict counts the same as the court’s finding. If no forfeiture case starts in a reasonable time, the U.S. attorney must notify the custodian and the items are released.