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U.S. Code as of:
01/19/04
Section 727. Powers of employees of Department of the Interior
(a) Arrest; execution of warrants; searches
Any employee of the Department of the Interior authorized by the
Secretary of the Interior to enforce the provisions of this chapter
(1) shall have power, without warrant, to arrest any person
committing in the presence of such employee a violation of this
chapter or of any regulation made pursuant to this chapter, and to
take such person immediately for examination or trial before an
officer or court of competent jurisdiction, (2) shall have power to
execute any warrant or other process issued by an officer or court
of competent jurisdiction to enforce the provisions of this chapter
or regulations made pursuant thereto, and (3) shall have authority,
with a search warrant issued by an officer or court of competent
jurisdiction to make a search in accordance with the terms of such
warrant. Any judge of a court established under the laws of the
United States, or any United States magistrate judge may, within
his respective jurisdiction, upon proper oath or affirmation
showing probable cause, issue warrants in all such cases.
(b) Seizures
All birds, animals, fish, or parts thereof captured, injured, or
killed, and all flowers, plants, trees, and other natural growths,
and nests and eggs of birds removed, and all implements or
paraphernalia, including guns, fishing equipment, and boats used or
attempted to be used contrary to the provisions of this chapter or
any regulations made pursuant thereto, shall, when found by such
employee or by any marshal or deputy marshal, be summarily seized
by him and placed in the custody of such persons as the Secretary
of the Interior may by regulation prescribe.
(c) Reports of seizures; forfeiture and libel proceedings
A report of the seizure shall be made to the United States
attorney for the judicial district in which the seizure is made,
for forfeiture either (1) upon conviction of the offender under
section 730 of this title, or (2) by proceedings by libel in rem.
Such libel proceedings shall conform as near as may be to civil
suits in admiralty, except that either party may demand trial by
jury upon any issue of fact when the value in controversy exceeds
$20. In case of a jury trial the verdict of the jury shall have the
same effect as the finding of the court upon the facts. Libel
proceedings shall be at the suit and in the name of the United
States. If such forfeiture proceedings are not instituted within a
reasonable time, the United States attorney shall give notice
thereof, and the custodian shall thereupon release the articles
seized.
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