16 U.S.C. § 690e: Enforcement of laws and…

Summary

Interior Department officers given authority under sections 690 to 690i can arrest, without a warrant, anyone they catch breaking those laws or rules. They must take the person right away to a proper officer or court for processing. Those officers can also carry out warrants or other court orders. A federal judge or U.S. magistrate can issue warrants in these cases if a sworn statement shows probable cause. Birds, animals or parts of them, and plants, nests, or eggs taken, harmed, or removed in violation of sections 690 to 690i must be seized when found by those officers or by marshals. If a court convicts someone or finds the items were taken illegally, the items become U.S. property and the Secretary of the Interior will decide how to dispose of them under the law.

Title 16, §690e

Conservation, Source: USLM XML via OLRC

(a)Arrests and warrants

Any employee of the Department of the Interior authorized by the Secretary of the Interior to enforce the provisions of sections 690 to 690i of this title (1) shall have power, without warrant, to arrest any person committing in the presence of such employee a violation of sections 690 to 690i of this title or of any regulation made pursuant thereto, and to take such person immediately for examination or trial before an officer or court of competent jurisdiction, and (2) shall have power to execute any warrant or other process issued by an officer or court of competent jurisdiction to enforce the provisions of said sections or regulations made pursuant thereto. Any judge of a court established under the laws of the United States, or any United States magistrate judge may, within his respective jurisdiction, upon proper oath or affirmation showing probable cause, issue warrants in all such cases.

(b)Seizures and forfeitures

All birds or animals, or parts thereof, captured, injured, or killed, and all grass and other natural growths, and nests and eggs of birds removed contrary to the provisions of sections 690 to 690i of this title or any regulation made pursuant thereto, shall, when found by such employee or by any marshal or deputy marshal, be summarily seized by him, and upon conviction of the offender or upon judgment of a court of the United States that the same were captured, killed, taken, or removed contrary to the provisions of sections 690 to 690i of this title or of any regulation made pursuant thereto, shall be forfeited to the United States and disposed of as directed by the Secretary of the Interior, in accordance with law.

Notes & Related Subsidiaries

Editorial Notes

References in Text

section 690i, included within the reference to sections 690 to 690i, was omitted from the Code.

Amendments

1978—Subsec. (b). Pub. L. 95–616 substituted “as directed by the Secretary of the Interior, in accordance with law” for “as directed by the court having jurisdiction”.

Statutory Notes and Related Subsidiaries

Change of Name

“United States magistrate judge” substituted for “United States magistrate” in subsec. (a) pursuant to section 321 of Pub. L. 101–650, set out as a note under section 631 of Title 28, Judiciary and Judicial Procedure. Previously, “United States magistrate” substituted for “United States commissioner” pursuant to Pub. L. 90–578. See chapter 43 (§ 631 et seq.) of Title 28.

Executive Documents

Transfer of Functions

Reorg. Plan No. II of 1939, set out in the Appendix to Title 5, Government Organization and Employees, transferred functions of Secretary of Agriculture relating to conservation of wildlife, game, and migratory birds to Secretary of the Interior.

§690e Enforcement of Laws and Regulations; Warrants and Processes; Jurisdiction of Courts; Forfeiture of Property Captured, Injured, Killed or Removed