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<br />ENDANGERED SPECIES ACT OF 1973, Endangered Sp... 011259 a Page 39 of 44
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<br />authorized by the Secretary, the Secretary of the Treasury, or the Secretary of the
<br />Department in which the Coast Guard is operating pending disposition of civil or
<br />criminal proceedings, or the institution of an action in rem for forfeiture of such fish,
<br />wildlife, property, or item pursuant to paragraph (4) of the subsection; except that the
<br />Secretary may, in lieu of holding such fish, wildlife, property, or item, permit the
<br />owner or consignee to post a bond or other surety satisfactory to the Secretary, but
<br />upon forfeiture of any such property to the United States, or the abandonment or
<br />waiver of any claim to any such property, it shall be disposed of (other than by sale to
<br />the general public) by the Secretary in such a manner, consistent with the purposes of
<br />this Act, as the Secretary shall by regulation prescribe.
<br />(4)(A) All fish or wildlife or plants taken, possessed, sold, purchased, offered for sale
<br />or purchase, transported, delivered, received, carried, shipped, exported, or imported
<br />contrary to the provisions of this Act, any regulation made pursuant thereto, or any
<br />permit or certificate issued hereunder shall be subject to forfeiture to the United
<br />States.
<br />(B) All guns, traps, nets, and other equipment, vessels, vehicles, aircraft, and other
<br />means of transportation used to aid the taking, possessing, selling, purchasing,
<br />offering for sale or purchase, transporting, delivering, receiving, carrying, shipping,
<br />exporting, or im- porting of any fish or wildlife or plants in violation of this Act, any
<br />regulation made pursuant thereto, or any permit or certificate issued thereunder shall
<br />be subject to forfeiture to the United States upon conviction of a criminal violation
<br />pursuant to section II (b)(1) of this Act.
<br />(5) All provisions of law relating to the seizure, forfeiture, and condemnation of a
<br />vessel for violation of the customs laws, the disposition of such vessel or the
<br />proceeds from the sale thereof, and the remission or mitigation of such forfeiture,
<br />shall apply to the seizures and forfeitures incurred, or alleged to have been incurred,
<br />under the provisions of this Act, insofar as such provisions of law are applicable and
<br />not inconsistent with the provisions of this Act; except that all powers, rights, and
<br />duties conferred or imposed by the customs laws upon any officer or employee of the
<br />Treasury Department shall, for the purposes of this Act, be exercised or performed by
<br />the Secretary or by such persons as he may designate.
<br />(6) The Attorney General ofthe United States may seek to enjoin any person who is
<br />alleged to be in violation of any provision of this Act or regulation issued under
<br />authority thereof.
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<br />(f) REGULATIONS.-The Secretary, the Secretary of the Treasury, and the Secretary
<br />of the Department in which the Coast Guard is operating, are authorized to
<br />promulgate such regulations as may be appropriate to enforce this Act, and charge
<br />reasonable fees for ex- penses to the Govemment connected with permits or
<br />certificates authorized by this Act including processing applications and reasonable
<br />inspections, and with the transfer, board, handling, or storage offish or wildlife or
<br />plants and evidentiary items seized and forfeited under this Act. All such fees
<br />collected pursuant to this subsection shall be deposited in the Treasury to the credit of
<br />the appropriation which is current and chargeable for the cost offurnishing the
<br />services. Appropriated funds may be expended pending reimbursement from parties
<br />in interest.
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<br />http://www.fws.gov/~r9endspp/esa.html
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<br />9/30/97
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