Page:United States Statutes at Large Volume 83.djvu/305

 83 STAT. ]

PUBLIC LAW 91-135-DEC. 5, 1969

277

forfeiture of suck lish, wildlife, property, or item within thirty days followin;i>- the disposition of proceedings involving the assessment of a civil peualty, such fish, wildlife, property, or item shall be innnediately returned to the owner or the consignee in accordance with regulations promulgated by the Secretary. (b) Any person who willfully violates any provision of section 2 or Penalty. o of this Act or any regulation or permit issued thereunder or any regulation issued under subsection (d) of this section shall, upon conviction, be fined not more than $10,000, or iuiprisoned for not more than one year, or both. (c) The provisions of sections 2 and?> of this Act and any regula- Enforcement .

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tioiis or permits issued pursuant thereto or pursuant to subsection (a) of this section shall be enforced by either the Secretary or the Secretary of the Treasury, or both such Secretaries. Either Secretary may utilize, by agreement, the personnel, services, and facilities of any other Federal agency or any State agency. Any employee of the Department of the Interior or the Department of the Treasury authorized by the Secretary or the Secretary of the Treasury may, without a warrant, arrest any person who such employee has probable cause to believe is willfully violating, in his presence or view, any such section, or any regidation or permit issued thereunder, the penalty for which is provided under subsection (b) of this section, and may execute a warrant or other process issued hj an officer or court of competent jurisdiction to enforce the provisions of such sections, regulat'ons or permits. An employee who has made an arrest of a perscm in connection with any such willful violation may search such person at the time of his arrest and seize any fish or wildlife or property or items taken, used, or ])Ossessed in connection with any such violation, or any such employee shall have authority, in addition to any other authority provided by law relating to search and seizure, to execute any warrant to search for and seize any such fish, wildlife, property, oi- item so taken, used, or possessed. Any fish or Mildlife or property or item seized shall be held by any employee authorized by the Secretary or the Secretary of the Treasury or by a United States marshal pending disposition of the case by the court, commissioner, or magistrate, except that the Secretary may, in lieu thereof, permit such person to post a bond or other surety satisfactory to him. Upon conviction, any (1) fish or wildlife seized shall be forfeited to the Secretary for disposal by him in such manner as he deems appropriate, and (2) any other property or items seized may, in the discretion of the court, commissioner, or magistrate, be forfeited to the United States or otherwise disposed of. The owner or consignee of any s eNotification of izure. sucii fisli, wildlife, 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 Return of Treasury. If no conviction results from any such alleged violation, property to owner. such fish, wildlife, 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, withhi thirty days following the final disposition of the case involving such violation, commences proceedings under subsection (a) of this section. (d) For the purposes of facilitating enforcement of sections 2 and ^^^^^:^°l^-^ °^ P of this Act and reducing the costs thereof, the Secretary, with the ^iJ)n^^y sec^eflry > approval of the Secretary of the Treasury, shall, after notice and an Hearing notice. opportunity for a public hearing, from time to time designate, by regulation, any port or ports in the United States for the importation of fish and wildlife, other than shellfish and fishery products imported for commercial purposes, into the United States. The importation of

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