
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 16USC3374]

 
                         TITLE 16--CONSERVATION
 
        CHAPTER 53--CONTROL OF ILLEGALLY TAKEN FISH AND WILDLIFE
 
Sec. 3374. Forfeiture


(a) In general

    (1) All fish or wildlife or plants 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.

(Pub. L. 97-79, Sec. 5, Nov. 16, 1981, 95 Stat. 1076.)

                       References in Text

    The customs laws, referred to in subsec. (b), are classified 
generally to Title 19, Customs Duties.
    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.

                  Section Referred to in Other Sections

    This section is referred to in sections 3375, 3376 of this title.
