437 



Institute a civil action In a district couri^ of the United 

 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 ofiQcer 

 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 sub- 

 section. Such wildlife, product, property, or item so 

 seized shall be hdd by such employee pending dis- 

 position of proceedings by the Secretary involving 

 the assessment of a civil penalty pursuant to para- 

 graph (1) of this subsection: except that the Secre- 

 tary may, in lieu of holding such wildlife, product, 

 proi>erty, or item, permit such person to post a bond 

 or other surety satisfactory to the Secretary. Upon 

 the assessment of a civil iienalty pursuant to para- 

 graph (1) of this subsection for any nonwillful viola- 

 tion 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, pro[>erty, or item so seized 

 shall, as soon as practicable following such seizure, 

 be notified of that fact in accordance with regula- 

 tions established by the Secretary or the Secretary of 

 the Treasury. Whenever any wildlife, product, prop- 

 erty, or Item is seized pursuant to this subsection, the 

 Secretary shall move to dispose of the civil penalty 

 proceedings piu-suant to paragraph (1) of this sub- 

 section 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 com- 

 petent 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, prod- 

 uct, 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 vio- 

 lates 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 vrillf ul violation of 

 this section with respect to which a penalty may be 

 Imposed pursuant to subsection (d) shaU, upon con- 

 viction of siich violation, be forfeited to the Secretary 

 to be disposed of by him In such manner ab he deems 

 appropriate. Any other property or item so seized 

 may upon convlcUon, in the discreUon of the court, 

 be forfeited to the United States or otherwise dis- 

 posed of. The owner or consignee of any such wild- 

 life, product, property, or Item so seized shall, as soon 

 as practicable following such seizure, be notified of 

 that fact in accordance with regulations estaUlished 



by the Secretary or the Secretary of the Treasury. 

 If no conviction results from any such alleged viola- 

 tion, such wildlife, product, property or item so seized 

 in connection therewith shall be Immediately re- 

 turned 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, com- 

 mences proceedings under subsection (c) of this 

 section, 

 (f ) For the purpose of this section, the term — 



(1) "Secretary" means the Secretary of the 

 Interior: 



(2) "person" means any individual, firm, cor- 

 poration, 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 migra- 

 tory birds for which protection is afforded under 

 the Migratory Bird Treaty Act, as amended: 



(4) "State" means the several States, the Dis- 

 trict of Columbia, the Commonwealth of Puerto 

 Rico, American Samoa, the Virgin Islands, and 

 Ouam: and 



(5) "taken" means captured, killed, collected, 

 or otherwise possessed. "* ' 



(June 25. 1M8, ch. 645. 63 Stat 687; Sept. 2, 1960, 

 Pub. L. 86-702. 1 3, 74 Stat. 754; Dec. 6. 1069, Pub. L. 

 91-135, { 7(a) . 83 Stat. 279.) 



AMXIfDiCXim 



1969 — Pnb. L. 91-136. In rewriting e xt iitl n g proTtBlona to 

 dkrUy the nature of tbe violations, to refer to commercial 

 and noncommercial purpoaee and Interstate or foreign 

 commerce, and to adopt the form deaerlpUve at violations 

 of acts or Congress and of laws of States or foreign ooun- 

 tries, subsututed subaeos. (a) -(f) for Ave prior pars.: 



Subaec. (a) Incorporating provisions of former first par., 

 amended to Include oommlaslon of offense as a prlndpal; 



Bubaeo. (b)(1) and (3) constituting new provisions 

 based on provisions of former first par., drafted In lan- 

 guage of subsec. (a) ; 



Subaec. (b) (3) Incorporating provisions of fcnner third 

 par., substituting "purchased or received" tor "acquired": 



Subaec. (b) (4) (A) and (B) incorporating provisions 

 of former first and second pare.; 



Subsec. (b) (6) Incorporating provisions of former 

 fourth par., amended to have due regard for requirements 

 of the Migratory Birds and Oame Mammals Treaty with 

 Mexico and Federal laws forbidding ImporUtlon of certain 

 live '"«'"tn»i« injurious to agriculture and horUculture. 

 and to omit need for approval of regulations by the 

 President: 



Subaee. (e) constituting new provisions for admlnlstra* 

 tlve assessment of a Tn**""'"" elvU penalty of 98,000 for 

 each violation, where the person knowingly violates or 

 should know that be la committing a violation: ssparate 

 offenses, notice and hearing, oompromlsss; dvll actions: 

 JurlsdlcUon and venue, trial de novo: execution of ssarch 

 and seizure warrants; custody of artlolss pending disposi- 

 tion of proceedings; posting bond or other surety; for- 

 feitures: notification of seizure, expeditious dUpooltlon 

 of dvU penalty proceedings, and return of property to 

 ownen; former provisions of fifth par. providing m part 

 only for a criminal penalty by way of tSOO fine or six 

 months imprisonment or both; 



Subsec. (d) substituting criminal penalty of 910,000 

 fine or one year imprisonment or both tor prior provisions 

 of fifth par. for a tSOO fine or six months Imprisonment 

 or both; 



Subsec. (e) Incorporating the provisions of former fifth 

 par. for forfeiture of wild animals or birds, or the dead 

 bodies or parts thereof, or the eggs of such birds, amended 

 to Include forfelturea for criminal violations, notification 



