
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: 16USC670j]

 
                         TITLE 16--CONSERVATION
 
          CHAPTER 5C--CONSERVATION PROGRAMS ON GOVERNMENT LANDS
 
          SUBCHAPTER II--CONSERVATION PROGRAMS ON PUBLIC LANDS
 
Sec. 670j. Enforcement provisions


(a) Violations and penalties

    (1) Any person who hunts, traps, or fishes on any public land which 
is subject to a conservation and rehabilitation program implemented 
under this subchapter without having on his person a valid public land 
management area stamp, if the possession of such a stamp is required, 
shall be fined not more than $1,000, or imprisoned for not more than six 
months, or both.
    (2) Any person who knowingly violates or fails to comply with any 
regulations prescribed under section 670h(c)(5) of this title shall be 
fined not more than $500, or imprisoned not more than six months, or 
both.

(b) Designation of enforcement personnel powers; issuance of arrest 
        warrants; trial and sentencing by United States magistrate 
        judges

    (1) For the purpose of enforcing subsection (a) of this section, the 
Secretary of the Interior and the Secretary of Agriculture may designate 
any employee of their respective departments, and any State officer or 
employee authorized under a cooperative agreement to enforce subsection 
(a) of this section to (i) carry firearms; (ii) execute and serve any 
warrant or other process issued by a court or officer of competent 
jurisdiction; (iii) make arrests without warrant or process for a 
misdemeanor he has reasonable grounds to believe is being committed in 
his presence or view; (iv) search without warrant or process any person, 
place, or conveyance as provided by law; and (v) seize without warrant 
or process any evidentiary item as provided by law.
    (2) Upon the sworn information by a competent person, any United 
States magistrate judge or court of competent jurisdiction may issue 
process for the arrest of any person charged with committing any offense 
under subsection (a) of this section.
    (3) Any person charged with committing any offense under subsection 
(a) of this section may be tried and sentenced by any United States 
magistrate judge designated for that purpose by the court by which he 
was appointed, in the same manner and subject to the same conditions as 
provided for in section 3401 of title 18.

(c) Seizure and forfeiture of equipment and vessels

    All guns, traps, nets, and other equipment, vessels, vehicles, and 
other means of transportation used by any person when engaged in 
committing an offense under subsection (a) of this section shall be 
subject to forfeiture to the United States and may be seized and held 
pending the prosecution of any person arrested for committing such 
offense. Upon conviction for such offense, such forfeiture may be 
adjudicated as a penalty in addition to any other provided for 
committing such offense.

(d) Applicability of customs laws to seizures and forfeitures; 
        exceptions

    All provisions of law relating to the seizure, forfeiture, and 
condemnation of a vessel for violation of the customs laws, the 
disposition of such vessel or the proceeds from the sale thereof, and 
the remission or mitigation of such forfeitures, shall apply to the 
seizures and forfeitures incurred, or alleged to have been incurred, 
under the provisions of this section, insofar as such provisions of law 
are applicable and not inconsistent with the provisions of this section; 
except that all powers, rights, and duties conferred or imposed by the 
customs laws upon any officer or employee of the Department of the 
Treasury shall, for the purposes of this section, be exercised or 
performed by the Secretary of the Interior or the Secretary of 
Agriculture, as the case may be, or by such persons as he may designate.

(Pub. L. 86-797, title II, Sec. 204, as added Pub. L. 93-452, Sec. 2, 
Oct. 18, 1974, 88 Stat. 1372; amended Pub. L. 101-650, title III, 
Sec. 321, Dec. 1, 1990, 104 Stat. 5117.)

                       References in Text

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

                         Change of Name

    ``United States magistrate judge'' substituted for ``United States 
magistrate'' in subsec. (b)(2), (3) pursuant to section 321 of Pub. L. 
101-650, set out as a note under section 631 of Title 28, Judiciary and 
Judicial Procedure.

                  Section Referred to in Other Sections

    This section is referred to in sections 670h, 670i of this title.
