394 



ment in which the Coast Guard is operating pending 

 disposition of civil or criminal proceedings, or the 

 institution of an action in rem for forfeiture of such 

 flsh, wildlife, property, or item pursuant to para- 

 graph (4) of this subsection; except that the Secre- 

 tary may, in lieu of holding such fish, wildlife, prop- 

 erty, or item, permit the owner or consignee to post 

 a bond or other surety satisfactory to the Secretary, 

 but upon forfeiture of any such property to the 

 United States, or the abandonment or waiver of 

 any claim to any such property, it shall be disposed 

 of (other than by sale to the general public) by the 

 Secretary in such a manner, consistent with the 

 purposes of this Act, as the Secretary shall by regu- 

 lation prescribe. 



(4) (A) All fish or wildlife or plants taken, pos- 

 sessed, sold, purchased, offered for sale or purchase, 

 transported, delivered, received, carried, shipped, ex- 

 ported, or imported contrary to the provisions of this 

 chapter, any regulation made pursuant thereto, or 

 any permit or certificate issued hereunder shall be 

 subject to forfeiture to the United States. 



(B) All guns, traps, nets, and other equipment, 

 vessels, vehicles, aircraft, and other means of trans- 

 portation used to aid the taking, possessing, selling, 

 purchasing, offering for sale or purchase, transport- 

 ing, delivering, receiving, carrying, shipping, export- 

 ing, or importing of any fish or wildlife or plants in 

 violation of this chapter, any regulation made pur- 

 suant thereto, or any permit or certificate Issued 

 thereunder shall be subject to forfeiture to the United 

 States UE>on conviction of a criminal violation pur- 

 suant to subsection (b) (1) of this section. 



(5) 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 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 shall, for the 

 purposes of this chapter, be exercised or performed 

 by the Secretary or by such persons as he may 

 designate. 



(f) Regulations. 



The Secretary, the Secretary of the Treasury, and 

 the Secretary of the Department in which the Coast 

 Guard Is operating, are authorized to promulgate 

 such regulations as may be appropriate to enforce 

 this chapter, and charge reasonable fees for ex- 

 penses to the Government connected with permits or 

 certificates authorized by this chapter including 

 processing applications and reasonable inspections, 

 and with the transfer, board, handling, or storage 

 of fish or wildlife or plants and evidentiary items 

 seized and forfeited under this chapter. All such fees 

 collected pursuant' to this subsection shall be de- 

 posited in the Treasury to the credit of the appro- 

 priation which is current and chargeable for the cost 

 of furnishing the services. Appropriated funds may 

 be expended pending reimbursement from parties In 

 Interest. 



(g) Citizen suits. 



(1) Except as provided In paragraph (2) of this 

 subsection any person may commence a civil suit on 

 his own behalf — 



(A) to enjoin any person, including the United 

 States and any other governmental instrumen- 

 tality or agency (to the extent permitted by the 

 eleventh amendment to the Constitution), who Is 

 alleged to be in violation of any provision of this 

 chapter or regulation issued under the authority 

 thereof; or 



(B) to compel the Secretary to apply, pursuant 

 to section 1535(g) (2) (B) (11) of this title, the pro- 

 hibitions set forth in or authorized pursuant to 

 section 1533fd) or 1538fa) (1) (B) of this title with 

 respect to the taking of any resident endangered 

 species or threatened species within any State. 



The district courts shall have jurisdiction, without 

 regard to the amount In controversy or the citizen- 

 ship of the parties, to enforce any such provision or 

 regulation, as the case may be. In any civil suit 

 commenced under subparagraph (B) the district 

 court shall compel the Secretary to apply the pro- 

 hibition sought if the court finds that the allegation 

 that an emergency exists is supported by substantial 

 evidence. 



(2) (A) No action may be commenced imder sub- 

 paragraph (1) (A) of this section — 



(i) prior to sixty days after written notice of 

 the violation has been given to the Secretary, and 

 to any alleged violator of any such provision or 

 regulation; 



(II) If the Secretary has commenced action to 

 impose a penalty pursuant to subsection (a) of 

 this section; or 



(III) if the United States has commenced and Is 

 diligently prosecuting a criminal action in a court 

 of the United States or a State to redress a viola- 

 tion of any such provision or regulation. 



(B) No action may be commenced under subpara- 

 graph (1) (B) of this section — 



(1) prior to sixty days after written notice has 

 been given to the Secretary setting forth the rea- 

 sons why an emergency is thought to exist with 

 respect to an endangered species or a threatened 

 species in the State concerned ; or 



(ii) if the Secretary has commenced and is dili- 

 gently prosecuting action under section 1535(g) 



(2) (B) (11) of this title to determine whether any 

 such emergency exists. 



(3) (A) Any suit under this subsection may be 

 brought in the judicial district in which the viola- 

 tion occurs. 



(B) In any such suit imder this subsection In 

 which the United States is not a party, the Attorney 

 General, at the request of the Secretary, may inter- 

 vene on behalf of the United States as a matter of 

 right. 



(4) The court, in Issuing any final order in any 

 suit brought pursuant to paragraph (1) of this sub- 

 section, may award costs of litigation (including rea- 

 sonable attorney and expert witness fees) to any 

 party, whenever the court determines such award Is 

 appropriate. 



(5) The injunctive relief provided by this subsec- 

 tion shall not restrict any right which any person 

 (or class of persons) may have under any statute or 



