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Title 16, ConservationRelease 119-110

§3374 Forfeiture

Title 16 › CHAPTER 53 — CONTROL OF ILLEGALLY TAKEN FISH AND WILDLIFE › § 3374

Last updated Sep 22, 2026|Official source

Summary

Illegal fish, wildlife, or plants that are bred, kept, moved, sold, bought, or otherwise handled in ways that break section 3372 (except 3372(b)) or its rules can be taken by the United States and kept by the government. That forfeiture can happen even if the usual fault or intent rules in section 3373 are not met. Boats, cars, planes, or other gear used to help commit a felony under this chapter can also be forfeited if the owner knew, agreed to, or should have known it would be used in the crime, and the crime involved selling or buying the animals or plants. Customs laws and the rules about seizure, sale, and loss of property apply to these forfeitures unless they conflict with this chapter. For these cases, powers given to Treasury officers may be used by the Secretary or the Secretary’s designees, and any search warrant must follow Rule 41 of the Federal Rules of Criminal Procedure. A person convicted or fined under section 3373 must pay the costs to store and care for seized items. Civil forfeitures follow chapter 46 of title 18.

Full Legal Text

Title 16, §3374

Conservation, Source: USLM XML via OLRC

(a)In general
(1)All fish or wildlife or plants bred, possessed, imported, exported, transported, sold, received, acquired, or purchased contrary to the provisions of section 3372 of this title (other than section 3372(b) of this title), or any regulation issued pursuant thereto, shall be subject to forfeiture to the United States notwithstanding any culpability requirements for civil penalty assessment or criminal prosecution included in section 3373 of this title.
(2)All vessels, vehicles, aircraft, and other equipment used to aid in the importing, exporting, transporting, selling, receiving, acquiring, or purchasing of fish or wildlife or plants in a criminal violation of this chapter for which a felony conviction is obtained shall be subject to forfeiture to the United States if (A) the owner of such vessel, vehicle, aircraft, or equipment was at the time of the alleged illegal act a consenting party or privy thereto or in the exercise of due care should have known that such vessel, vehicle, aircraft, or equipment would be used in a criminal violation of this chapter, and (B) the violation involved the sale or purchase of, the offer of sale or purchase of, or the intent to sell or purchase, fish or wildlife or plants.
(b)Application of customs laws
All provisions of law relating to the seizure, forfeiture, and condemnation of property for violation of the customs laws, the disposition of such property or the proceeds from the sale thereof, and the remission or mitigation of such forfeiture, shall apply to the seizures and forfeitures incurred, or alleged to have been incurred, under the provisions of this chapter, insofar as such provisions of law are applicable and not inconsistent with the provisions of this chapter, except that all powers, rights, and duties conferred or imposed by the customs laws upon any officer or employee of the Treasury Department may, for the purposes of this chapter, also be exercised or performed by the Secretary or by such persons as he may designate: Provided, That any warrant for search or seizure shall be issued in accordance with rule 41 of the Federal Rules of Criminal Procedure.
(c)Storage cost
Any person convicted of an offense, or assessed a civil penalty, under section 3373 of this title shall be liable for the costs incurred in the storage, care, and maintenance of any fish or wildlife or plant seized in connection with the violation concerned.
(d)Civil forfeitures
Civil forfeitures under this section shall be governed by the provisions of chapter 46 of title 18.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

References in Text

This chapter, referred to in subsecs. (a)(2) and (b), was in the original “this Act”, meaning Pub. L. 97–79, Nov. 16, 1981, 95 Stat. 1073, which is classified principally to this chapter. For complete classification of this Act to the Code, see

Short Title

note set out under section 3371 of this title and Tables. Rule 41 of the Federal Rules of Criminal Procedure, referred to in subsec. (b), is set out in the Appendix to Title 18, Crimes and Criminal Procedure. Codification Pub. L. 110–234 and Pub. L. 110–246 made identical

Amendments

to this section. The

Amendments

by Pub. L. 110–234 were repealed by section 4(a) of Pub. L. 110–246.

Amendments

2022—Subsec. (a)(1). Pub. L. 117–243 inserted “bred, possessed,” before “imported, exported,”. 2008—Subsec. (d). Pub. L. 110–246, § 8204(d), added subsec. (d).

Statutory Notes and Related Subsidiaries

Effective Date

of 2008 AmendmentAmendment of this section and repeal of Pub. L. 110–234 by Pub. L. 110–246 effective May 22, 2008, the date of enactment of Pub. L. 110–234, see section 4 of Pub. L. 110–246, set out as an

Effective Date

note under section 8701 of Title 7, Agriculture.

Transfer of Functions

For

Transfer of Functions

of the Secretary of Agriculture relating to agricultural import and entry inspection activities under this chapter to the Secretary of Homeland Security, and for treatment of related references, see section 231, 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6.

Reference

Citations & Metadata

Citation

16 U.S.C. § 3374

Title 16, Conservation

Last Updated

Sep 22, 2026

Release point: 119-110