Current as of: February 2010 (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.
(d) Civil forfeitures
Civil forfeitures under this section shall be governed by the
provisions of chapter 46 of title 18. Legislative History ________________________________________________________________________
Questions & Answers: EnvironmentU.S. Code Provisions: EnvironmentState Laws: Environment| Alabama | Alabama Code > Title 9 - Conservation And Natural Resources | | Alaska | Alaska Statutes Title 41 - Public Resources | | Alaska Statutes Chapter 44.37 - Department Of Natural Resources | | Alaska Statutes Chapter 44.46 - Department Of Environmental Conservation | | Alaska Statutes Title 46 - Water, Air, Energy, And Environmental Conservation | | Arizona | Arizona Laws > Title 27 | | Arizona Laws > Title 49 | | California | California Business and Professions Code > Division 1 > Chapter 6 - Public Members | | California Health and Safety Code > Division 20 > Chapter 6.83 - Land Use And Revitalization | | California Health and Safety Code > Division 20 > Chapter 6.98 - Environmental Quality Assessment | | California Health and Safety Code > Division 37 - Regulation Of Environmental Protection | | California Public Resources Code | | Connecticut | Connecticut General Statutes > Title 16 > Chapter 277a - Public Utility Environmental Standards Act | | Connecticut General Statutes > Title 22a - Environmental Protection | | Connecticut General Statutes > Title 24 - State Geological and Natural History Survey. Weather Control Board | | Delaware | Delaware Code Title 7 > Chapter 60 - Environmental Control | | Delaware Code Title 7 > Chapter 79 - Environmental Permit Application Background Statement | | Delaware Code Title 29 > Chapter 80 - Department Of Natural Resources And Environmental Control | | Florida | Florida Statutes > Title XXVIII - Natural Resources; Conservation, Reclamation, And Use | | Florida Statutes > Chapter 403 - Environmental Control | | Florida Regulations - Department of Environmental Protection | | Florida Regulations - Department of Natural Resources | | Hawaii | Hawaii Revised Statutes Chapter 128D - Environmental Response Law | | Hawaii Revised Statutes Title 12 - Conservation And Resources | | Hawaii Revised Statutes > Chapter 341 - Environmental Quality Control | | Hawaii Revised Statutes > Chapter 343 - Environmental Impact Statements | | Hawaii Revised Statutes > Chapter 344 - State Environmental Policy | | Idaho | Idaho Code Title 39 > Chapter 72 - Idaho Land Remediation Act | | Idaho Code Title 39 > Chapter 81 - Basin Environmental Improvement Act | | Idaho Code Title 67 > Chapter 58 - Protection Of Natural Resources | | Illinois | Illinois Compiled Statutes > Chapter 20 > Department of Natural Resources | | Illinois Compiled Statutes > Chapter 20 > Department of Natural Resources | | Illinois Compiled Statutes > Chapter 225 > Natural Resources | | Illinois Compiled Statutes > Chapter 415 - Environmental Safety | | Illinois Compiled Statutes > 430 ILCS 45 - Illinois Chemical Safety Act | | Indiana | Indiana Code > Title 13 - Environment | | Indiana Code > Title 14 - Natural And Cultural Resources | | Iowa | Iowa Code Title XI - Natural Resources | | Kansas | Kansas Statutes > Chapter 2 > Article 37 - Environmental Remediation | | Kansas Statutes > Chapter 32 - Wildlife, Parks And Recreation | | Kansas Statutes > Chapter 46 > Article 37 - Joint Committee On Energy And Environmental Policy | | Kansas Statutes > Chapter 75 > Article 39 - Department Of Wildlife And Parks | | Louisiana | Louisiana Revised Statutes > Title 30 - Minerals, oil, and gas and environmental quality | | Louisiana Revised Statutes > Title 33 > Chapter 20 - Environmental Protection Districts | | Louisiana Revised Statutes > Title 36 > Chapter 5-A - Department Of Environmental Quality | | Louisiana Revised Statutes > Title 36 > Chapter 8 - Department Of Natural Resources | | Louisiana Revised Statutes > Title 40 > Chapter 16 - Interstate Compact On Environmental Control | | Louisiana Revised Statutes > Title 40 > Chapter 17 - Governor's Council On Environmental Quality | | Louisiana Revised Statutes > Title 56 - Wildlife and fisheries | | Maine | Maine Revised Statutes Title 38 - Waters And Navigation | | Maryland | Maryland Code > Environment | | Maryland Code > Natural Resources | | Massachusetts | Massachusetts General Laws > Part I > Title II > Chapter 21 - Department Of Environmental Management | | Massachusetts General Laws > Part I > Title II > Chapter 21A - Executive Office Of Environmental Affairs | | Michigan | Michigan Laws > Chapter 299 | | Michigan Laws > Chapter 319 | | Michigan Laws > Chapter 324 | | Minnesota | Minnesota Statutes - Natural Resources | | Minnesota Statutes - Environmental Protection | | Minnesota Statutes - Environmental Protection Funds | | Missouri | Missouri Laws > Title XVI | | Missouri Laws > Title XL > Chapter 640 - Department of Natural Resources | | Montana | Montana Code Title 5 > Chapter 16 - Environmental Quality Council | | Montana Code Title 75 - Environmental Protection | | Montana Code Title 75 - Environmental Protection | | Montana Code Title 76 - Land Resources And Use | | Montana Code Title 76 - Land Resources And Use | | Montana Code Title 82 - Minerals, Oil, And Gas | | Montana Code Title 82 - Minerals, Oil, And Gas | | Montana Code Title 87 - Fish And Wildlife | | Montana Code Title 87 - Fish And Wildlife | | Montana Code Title 90 > Chapter 2 - Resource Development And Reclamation | | Montana Code Title 90 > Chapter 2 - Resource Development And Reclamation | | Montana Code Title 90 > Chapter 15 - Natural Resource Information System | | Montana Code Title 90 > Chapter 15 - Natural Resource Information System | | Nebraska | Nebraska Statutes > Chapter 57 - Minerals, Oil, And Gas | | Nebraska Statutes > Chapter 61 - Natural Resources | | Nevada | Nevada Revised Statutes > Chapter 445C - Environmental Requirements | | Nevada Revised Statutes > Chapter 445D - Environmental Covenants (Uniform Act) | | New Hampshire | New Hampshire Revised Statutes > Chapter 12-F - Weather Modification Experimentation | | New Mexico | New Mexico Statutes Chapter 9 > Article 5A - Energy, Minerals and Natural Resources Department | | New Mexico Statutes Chapter 9 > Article 7A - Department of Environment | | New Mexico Statutes Chapter 71 - Energy and Minerals | | New Mexico Statutes Chapter 75 - Miscellaneous Natural Resource Matters | | New Mexico Statutes Chapter 76 > Article 8 - Protection of Native New Mexico Plants | | North Carolina | North Carolina General Statutes Chapter 14 > Article 22C - Cave Protection Act | | North Carolina General Statutes Chapter 113A - Pollution Control and Environment | | North Carolina General Statutes Chapter 143B > Article 7 - Department of Environment and Natural Resources | | North Carolina General Statutes > Chapter 153B - Mountain Resources Planning Act | | North Carolina General Statutes > Chapter 153C - Uwharrie Regional Resources Act | | North Carolina General Statutes > Chapter 159C - Industrial and Pollution Control Facilities Financing Act | | North Dakota | North Dakota Code > Title 38 - Mining and Gas and Oil Production | | Ohio | Ohio Code > Title 15 | | Ohio Code > Title 37 > Chapter 3745 - Environmental Protection Agency | | Oregon | Oregon Statutes > Chapter 468 - Environmental Quality Generally | | Oregon Statutes > Volume 13 - Water Resources; Agriculture and Food | | Rhode Island | Rhode Island General Laws > Chapter 10-20. State Environmental Rights | | Rhode Island General Laws > Chapter 22-7.3. Permanent Joint Committee on Environment and Energy | | Rhode Island General Laws > Chapter 42-17.1. Department of Environmental Management | | Rhode Island General Laws > Chapter 42-17.6. Administrative Penalties for Environmental Violations | | Rhode Island General Laws > Chapter 42-17.7. Administrative Adjudication for Environmental Matters | | Rhode Island General Laws > Chapter 42-17.8. The Rhode Island Environmental Compliance Incentive Act | | Rhode Island General Laws > Chapter 42-17.9. Preservation of State Open Space | | Rhode Island General Laws > Chapter 42-17.10. Enforcement of Certain Natural Resource Violations | | Rhode Island General Laws > Chapter 45-51. Environmental Advocacy Act | | South Carolina | South Carolina Code > Title 48 - Environmental Protection and Conservation | | South Carolina Code > Title 50 - Fish, Game and Watercraft | | South Dakota | South Dakota Laws > Title 1 > Chapter 39 - Department of Game, Fish and Parks | | South Dakota Laws > Title 1 > Chapter 40 - Department of Environment and Natural Resources | | South Dakota Laws > Title 34A - Environmental Protection | | South Dakota Laws > Title 41 - Game, Fish, Parks And Forestry | | South Dakota Laws > Title 45 - Mining, Oil And Gas | | Tennessee | Tennessee Code > Title 4 > Chapter 3 > Part 5 - Department of Environment and Conservation | | Tennessee Code > Title 68 > Environmental Protecion | | Texas | Texas Agriculture Code > Title 9 - Weather And Climate | | Texas Natural Resources Code | | Texas Parks And Wildlife Code | | Utah | Utah Code > Title 19 - Environmental Quality Code | | Utah Code > Title 79 - Natural Resources | | Utah Code > Future Title 79 - Natural Resources | | Vermont | Vermont Statutes > Title 3 > Chapter 51 - Natural Resources | | Vermont Statutes > Title 10 > Chapter 83 - Department of Forests, Parks and Recreation | | Vermont Statutes > Title 10 > Chapter 201 - Administrative Environmental Law Enforcement | | Vermont Statutes > Title 10 > Chapter 220 - Consolidated Environmental Appeals | | Virginia | Virginia Code Title 10.1 > Chapter 11.1 - Department of Environmental Quality | | Virginia Code Title 10.1 > Chapter 11.2 - Voluntary Environmental Assessment | | Virginia Code Title 10.1 > Chapter 12.2 - Uniform Environmental Covenants Act | | Virginia Code Title 10.1 > Chapter 25 - Virginia Environmental Emergency Response Fund | | Virginia Code Title 21 - Drainage, Soil Conservation, Sanitation and Public Facilities Districts | | West Virginia | West Virginia Code > Chapter 20 - Natural Resources | | West Virginia Code > Chapter 22 - Environmental Resources | | West Virginia Code > Chapter 22B - Environmental Boards | | West Virginia Code > Chapter 22C - Environmental Resources | | Wisconsin | Wisconsin Statutes > Chapter 20 > Subchapter IV - Environmental Resources | | Wisconsin Statutes > Natural Resources |
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