902 



a civU action in a district court of the United States 

 for any district in which such person is found or re- 

 sides or transacts business to collect the penalty and 

 such court shall have Jurisdiction to hear and decide 

 any such action. In hearing any such action, the 

 court must sustain the Secretary's action If sup- 

 ported by substantial evidence. 



(c) Cancellation of grazing agreements. 



The head of any Federal agency who has issued a 

 lease, license, permit, or other agreement authoriz- 

 ing the grazing of domestic livestock on Federal 

 lands to any person who is convicted of a violation 

 of sections 668 to 668d of this title or of any permit 

 or regulation issued hereunder may Immediately 

 cancel each such lease, license, permit, or other 

 agreement. The United States shall not be liable 

 for the payment of any compensation, reimburse- 

 ment, or damages in connection with the cancel- 

 lation of any lease, license, permit, or other agree- 

 ment pursuant to this section. (As amended Oct. 23, 

 1972, Pub. L. 92-535, § 1, 86 Stat. 1064.) 

 Amendments 



1972— Bubsec. (a). Pub. L. 92-535, §l(l)-(3), desig- 

 nated existing provisions as subsec. (a) and. In subsec. 



(a) as so designated, substituted "shall knowingly or with 

 wanton disregard for the consequences of his act take" 

 for "shall take", Increased the One and Imprisonment 

 terms from »500 or six months to 85,000 or one year, and 

 added provisions that a second conviction carry a penalty 

 of $10,000 fine or Imprisonment of not more than two 

 years, that each taking constitute a separate offense, and 

 that Inforcers be rewarded one -half of the fine not ex- 

 ceeding $2,500. 



Subsecs. (b), (c). Pub. L. 92-635, § 1(4), added subsecs. 



(b) and (c). 



1962 — Pub. L. 87-884 extended the prohibitions against 

 the enumerated acts to the golden eagle and_chanBed the 

 proviso by substituting "bald eagle", "June 8, 1940" and 

 "and that nothing in said sections shall be construed to 

 prohibit possession or transportation of any golden eagle, 

 alive or dead, or any part, nest, or egg thereof, lawfully 

 taken prior to the addition to said sections of the provi- 

 sions relating to preservation of the golden eagle" for 

 "such eagle," "the effective date of said sections" and 

 "but the proof of such taking shall lie upon the accused 

 In any prosecution under said sections '. respectively. 



1959— Pub. L. 86-70 eliminated words "except the Ter- 

 ritory of Alaska," which followed "subject to the jurisdic- 

 tion thereof.". 



§668a. Same; taking and using for scientific exhibi- 

 tion and religious purposes. 



Whenever, after investigation, the Secretary of 

 the Interior shall determine that it is compatible 

 with the preservation of the bald eagle or the golden 

 eagle to permit the taking, possession, and trans- 

 portation of specimens thereof for the scientific or 

 exhibition purposes of public museums, scientific 

 societies, and zoological paries, or for the religious 

 purposes of Indian tribes, or that it is necessary to 

 permit the taking of such eagles for the protection 

 of wildlife or of agricultural or other interests in any 

 particular locality, he may authorize the taking of 

 such eagles pursuant to regulations which he is 

 hereby authorized to prescribe: Provided, That on 

 request of the Governor of any State, the Secretary 

 of the Interior shall authorize the taking of golden 

 eagles for the purpose of seasonally protecting do- 

 mesticated flocks and herds in such State, in accord- 



ance with regulations established under the provi- 

 sions of this section, in such part or parts of such 

 State and for such periods as the Secretary deter- 

 mines to be necessary to protect such interests: Pro- 

 vided further, That bald eagles may not be taken for 

 any purpose unless, prior to such taking, a permit to 

 do so is procured from the Secretary of the Interior : 

 Provided further, That the Secretary of the Interior, 

 pursuant to such regulations as he may prescribe, 

 may permit the taking, possession, and transporta- 

 tion of golden eagles for the purposes of falconry, 

 except that only golden eagles which would be taken 

 because of depredations on livestock or wildlife may 

 be taken for purposes of falconry. <As amended 

 Oct. 23, 1972, Pub. L. 92-535, § 2, 86 Stat. 1065.) 

 Amendments 

 1972 — Pub. L. 92-535 added proviso thst the Secretary of 

 the Interior may permit the taking, possession and trans- 

 portation of golden eagles for the purposes of falconry 

 with exception that only golden eagles that cause depreda- 

 tions an livestock and wildlife may be taken for lalconry. 



1962 — Pub. L. 87-884 extended the provisions of the 

 section to the golden eagle, permitted the taking of speci- 

 mens for the religious purposes of Indian tribes and au- 

 thorized the taking of golden eagles for purpose of 

 seasonally protecting domesticated flocks and herds. 



§668b. Same; enforcement. 



(a) Arrest; search; issuance and execution of war- 

 rants and process. 



Any employee of the Department of the Interior 

 authorized by the Secretary of the Interior to enforce 

 the provisions of sections 668 to 668d of this title 

 may, without warrant, arrest any person committing 

 in his presence or view a violation of sections 668 to 

 668d of this title or of any permit or regulations is- 

 sued hereunder and take such person immediately 

 for examination or trial before an officer or court 

 of competent jurisdiction: may execute any warrant 

 or other process issued by an officer or court of com- 

 petent jurisdiction for the enforcement of the pro- 

 visions of sections 668 to 668d of this title ; and may, 

 with or without a warrant, as authorized by law, 

 search any place. The Secretary of the Interior is 

 authorized to enter into cooperative agreements with 

 State fish and wildlife agencies or other appropriate 

 State authorities to facilitate enforcement of sections 

 668 to 668d of this title, and by said agreements to 

 delegate such enforcement authority to State law 

 enforcement personnel as he deems appropriate for 

 effective enforcement of sections 668 to 668d of this 

 title. Any judge of any court established under the 

 laws of the United States, and any United States 

 commissioner may, within his respective jurisdiction, 

 upon proper oath or affirmation showing probable 

 cause, issue warrants in all such cases. 



(b) Forfeiture. ^» 



All bald or golden eagles, or parts, nests, or eggs 

 thereof, taken, possessed, sold, purchased, bartered, 

 offered for sale, purchase, or barter, transported, ex- 

 ported, or imported contrary to the provisions of 

 sections 668 to 668d of this title, or of any permit or 

 regulation issued hereunder, and all guns, traps, nets, 

 and other equipment, vessels, vehicles, aircraft, and 

 other means of transportation used to aid in the 



