83 STAT. 280 Search and seizure warrant. Posting of bond. Notification of seizure. Penalty. States for any district in which such person is found or resides or transacts business to collect the penalty and such court shall have jurisdiction to hear and decide any such action. In hearing such action, the court shall have authority to review the violation and the assessment of the civil penalty de novo. "(2) Any employee authorized by the Secretary to enforce the provisions of this section, or any officer of the customs, shall have authority to execute any warrant to search for and seize any wildlife, product, property, or item used or possessed in violation of this section with respect to which a civil penalty may be assessed pursuant to paragraph (1) of this subsection. Such wildlife, product, property, or item so seized shall be held by such employee pending disposition of proceedings by the Secretary involving the assessment of a civil penalty pursuant to paragraph (1) of this subsection; except that the Secretary may, in lieu of holding such wildlife, product, property, or item, permit such person to post a bond or other surety satisfactory to the Secretary. Upon the assessment of a civil penalty pursuant to paragraph (1) of this subsection for any nonwillful violation. of this section, such wildlife, product, property, or item so seized may be proceeded against in any court of competent jurisdiction and forfeited to the Secretary for disposition by him in such manner as he deems appropriate. The owner or consignee of any such wildlife, product, property, or item so seized shall, as soon as practicable following such seizure, be notified of that fact in accordance with regulations established by the Secretary or the Secretary of the Treasury. Whenever any wildlife, product, property, or item is seized pursuant to this subsection, the Secretary shall move to dispose of the civil penalty proceedings pursuant to paragraph (1) of this subsection as expeditiously as possible. If, with respect to any such wildlife, product, property, or item so seized, no action is commenced in any court of competent jurisdiction to, obtain the forfeiture of such wildlife, product, property, or item within thirty days following the disposition of proceedings involving the assessment of a civil penalty, such wildlife, product, property, or item shall be immediately returned to the owner or the consignee in accordance with regulations promulgated by the Secretary. "(d) Any person who knowingly and willfully violates any provision of subsection (a) or (b) of this section shall, upon conviction, be fined not more than $10,000 or imprisoned for not more than one year, or both. "(e) Any wildlife or products thereof seized in connection with any knowing and willful violation of this section with respect to which a penalty may be imposed pursuant to subsection (d) shall, upon conviction of such violation, be forfeited to the Secretary to be disposed of by him in such manner as he deems appropriate. Any other property or item so seized may upon conviction, in the discretion of the court, be forfeited to the United States or otherwise disposed of. The owner or consignee of any such wildlife, product, property, or item so seized shall, as soon as practicable following such seizure, be notified of that fact in accordance with regulations established by the Secretary or the Secretary of the Treasury. If no conviction results from any such alleged violation, such wildlife, product, property or item so seized in connection therewith shall be immediately returned to the owner or consignee in accordance with regulations promulgated by the Secretary, unless the Secretary, within thirty days following the final disposition of the case involving such violation, commences proceedings "(f) For the purpose of this section, the term— "(1) 'Secretary' means the Secretary of the Interior; "(2) 'person' means any individual, firm, corporation, association, or partnership; "(3) 'wildlife' means any wild mammal, wild bird, amphibian, reptile, mollusk, or crustacean, or any part, egg, or offspring thereof, or the dead body or parts thereof, but does not include migratory birds for which protection is afforded under the Migratory Bird Treaty Act, as amended; Definitions. 40 Stat. 755. (4) 'State' means the several States, the District of Columbia, 16 USC 710. the Commonwealth of Puerto Rico, American Samoa, the Virgin Islands, and Guam; and "(5) 'taken' means captured, killed, collected, or otherwise possessed." (b) Section 3054 of title 18 of the United States Code is amended to read as follows: "§ 3054. Officers' powers involving animals and birds 66 "Any employee authorized by the Secretary of the Interior to enforce sections 42, 43, and 44 of this title, and any officer of the customs, may arrest any person who violates section 42 or 44, or who such employee or officer of the customs has probable cause to believe is knowingly and willfully violating section 43, in his presence or view, and may execute any warrant or other process issued by an officer or court of competent jurisdiction to enforce the provisions of said sections.". (c) Section 3112 of title 18 of the United States Code is amended to read as follows: "§ 3112. Search warrants for seizure of animals, birds, or eggs "Any employee authorized by the Secretary of the Interior to enforce sections 42, 43, and 44 of this title, and any officer of the customs, shall have authority to execute any warrant to search for and seize any wildlife, product, property, or item used or possessed in connection with a violation of section 42 or 44, or in connection with a knowing and willful violation of section 43, and any such wildlife, product, property, or item so seized shall be held by him or by the United States marshal pending disposition thereof by the court.". 62 Stat. 817. 63 Stat. 89. Ante, p. 279. 62 Stat. 687. 62 Stat. 820. labeling provisions. SEC. 8. (a) The first paragraph in section 44 of title 18, United Marking and States Code, is amended by deleting "wild animals or birds, or the dead bodies or parts thereof," and inserting "any wild mammal, wild bird, amphibian, or reptile, or any mollusk or crustacean, or the dead body or parts or eggs thereof." (b) Section 44 of title 18, United States Code, is amended by adding at the end thereof a new paragraph to read as follows: "In any case where the marking, labeling, or tagging of a package under this section indicating in any way the contents thereof would create a significant possibility of theft of the package or its contents, the Secretary of the Interior may, upon request of the owner thereof or his agent or by regulation, provide some other reasonable means of notifying appropriate authorities of the contents of such packages." SEC. 9. (a) Section 2 of the Black Bass Act (44 Stat. 576), as amended (16 U.S.C. 852), is amended to read as follows: "SEC. 2. It shall be unlawful for any person— "(1) to deliver or receive for transportation, or to transport, by any means whatsoever, in interstate or foreign commerce, any black bass and other fish, if such person knows or in the exercise of due care should know that (A) such delivery or transportation is contrary to the law of the State or any foreign country from which such black bass or other fish is found or transported, or is contrary to other applicable law, or (B) such black bass or other Black Bass Act, amendments. 61 Stat. 517. 83 STAT. 282 62 Stat. 686. 61 Stat. 517. Repeal. 49 Stat. 1556. Effective date. "Fish and wildlife." fish has been either caught, killed, taken, sold, purchased, possessed, or transported, at any time, contrary to the law of the State or foreign country, in which it was caught, killed, taken, sold, purchased, or possessed, or from which it was transported, or contrary to other applicable law; "(2) to purchase or receive any such black bass or other fish, if such person knows, or in the exercise of due care should know, that such bass or fish has been transported in violation of the provisions of this Act; "(3) receiving any shipment of black bass or other fish transported in interstate or foreign commerce to make any false record or render a false account of the contents of such shipment, if such person knows, or in the exercise of due care should know, that such record or account is false. For the purposes of this section, the provisions of section 10 of title 18, United States Code, shall apply to the term 'interstate or foreign commerce." (b) Section 3 of the Black Bass Act (46 Stat. 846), as amended (16 U.S.C. 852a), is amended by deleting the comma after "commerce" and inserting therein "or foreign commerce," (c) Section 6(a) of the Black Bass Act (46 Stat. 846), as amended (16 U.S.C. 852d(a)), is amended by adding a new sentence at the end thereof to read as follows: "The provisions of this section and any regulations issued thereunder shall be enforced by personnel of the Secretary of the Interior, and he may utilize by agreement, with or without reimbursement, personnel, services, and facilities of other Federal agencies." (d) The first section of the Black Bass Act (46 Stat. 846), as amended (16 U.S.C. 851), is amended by inserting immediately before the period at the end thereof a comma and the following: "and the term 'State' means the several States, the District of Columbia, the Commonwealth of Puerto Rico, American Samoa, the Virgin Islands, and Guam". SEC. 10. The second paragraph of section 4 of the Migratory Bird Treaty Act, as amended (16 U.S.C. 705), is hereby repealed. SEC. 11. The provisions of sections 1 through 10 of this Act shall be effective one hundred and eighty days after the date of enactment of this Act. SEC. 12. (a) Section 1 of the Act of October 15, 1966 (80 Stat. 926; 16 U.S.C. 668aa), is amended by adding new subsection at the end thereof to read as follows: "(d) For the purpose of sections 1 through 3 of this Act, the term 'fish and wildlife' means any wild mammal, fish, wild bird, amphibian, reptile, mollusk, or crustacean." (b) The last sentence of section 2(c) of the Act of October 15, 1966 (80 Stat. 926; 16 U.S.C. 668bb (c)), is amended by changing the "$750,000" to "$2,500,000". (c) Section 2(d) of the Act of October 15, 1966 (80 Stat. 926; 16 U.S.C. 668bb (d)), is amended by adding a new sentence at the end thereof to read as follows: "The Secretary is authorized to acquire by purchase, donation, exchange, or otherwise any privately owned land, water, or interests therein within the boundaries of any area administered by him, for the purpose of conserving, protecting, restoring, or propagating any selected species of native fish and wildlife that are threatened with extinction and each such acquisition shall be administered in accordance with the provisions of law applicable to Appropriation. such area, and there is authorized to be appropriated annually for fiscal years 1970, 1971, and 1972 not to exceed $1,000,000 to carry out (d) The provisions of sections 1 through 5 of this Act and sections through 3 of the Act of October 15, 1966 (80 Stat. 926; 16 U.S.C. 668aa-668cc), as amended by this section, shall hereinafter be cited as the "Endangered Species Conservation Act of 1969". 83 STAT. 283 Citation of (e) The second sentence of section 1(a) of the Act of October 15, act. 1966 (80 Stat. 926; 16 U.S.C. 668aa (a)), ís amended by changing the comma after the word "extinction" to a period and deleting the remainder of the sentence. (f) The provisions of sections 4 and 5 of the Act of October 15, 1966 (80 Stat. 929; 16 U.S.C. 668dd-668ee), as amended, shall hereinafter be cited as the "National Wildlife Refuge System Administration Act of 1966". Approved December 5, 1969. Citation of act. LEGISLATIVE HISTORY: HOUSE REPORT No. 91-382 (Comm. on Merchant Marine & Fisheries). CONGRESSIONAL RECORD, Vol. 115 (1969): July 21: Considered and passed House. Nov. 10: Considered and passed Senate, amended. 86-974 - 73 - 2 Public Law 91-154 91st Congress, H. R. 210 December 24, 1969 An Act To eliminate requirements for disclosure of construction details on passenger vessels meeting prescribed safety standards, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 4400 of the Revised Statutes, as amended (46 U.S.C. 362), is amended 66 (1) by inserting in the second sentence of subsection (b) between the words "information" and "as" the following: and shall specify the registry of any vessel named,”, and (2) by inserting between the second and third sentences of subsection (b) thereof the following new sentence: "The passenger notification and promotional or advertising literature inclusions required by this subsection, except the inclusion of the country of registry of the vessel, do not apply to voyages by vessels meeting the safety standards prescribed in subsection (c) of this section.". Approved December 24, 1969. 83 STAT. 427 Passenger vessels. Construction detail disclosure, elimination. LEG IS LATIVE HISTORY: HOUSE REPORT No. 91-517 (Comm. on Merchant Marine & Fisheries). CONGRESSIONAL RECORD, Vol. 115 (1969): Oct. 6: Considered and passed House. Dec. 8: Considered and passed Senate, amended. Dec. 12: House concurred in Senate amendment. |