1 services, and facilities of any other Federal agency or any State agency for purposes of en2 forcing this Act. 3 4 (2) The judges of the district courts of the United States and the United States magistrates may within their respective jurisdictions, upon proper oath or affirmation showing probable cause, issue such warrants or other process as may be required for enforcement of this Act and 6 any regulation issued thereunder. 7 (3) Any person authorized by the Secretary, the Secretary of the Treasury, or the Secretary of 8 the Department in which the Coast Guard is operating, to enforce this Act may detain for 9 inspection and inspect any package, crate, or other container, including its contents, and all 11 12 10 accompanying documents, upon importation or exportation. Such persons may make arrests without a warrant for any violation of this Act if he has reasonable grounds to believe that the person to be arrested is committing the violation in his presence or view and may execute and serve any arrest warrant, search warrant, or other warrant or civil or criminal process issued 14 by any officer or court of competent jurisdiction for enforcement of this Act. Such person so 15 authorized may search and seize, with or without a warrant, as authorized by law. Any fish. 13 16 wildlife, property, or item so seized shall be held by any person authorized by the Secretary, the 17 Secretary of the Treasury, or the Secretary of the Department in which the Coast Guard is 18 operating pending disposition of civil or criminal proceedings, or the institution of an action in 23 rem for forfeiture of such fish, wildlife, property, or item pursuant to paragraph (4) of the subsection; except that the Secretary may, in lieu of holding such fish, wildlife, property, or item, permit the owner or consignee to post a bond or other surety satisfactory to the Secretary. but upon forfeiture of any such property to the United States, or the abandonment or waiver of any claim to any such property, it shall be disposed of (other than by sale to the general public) 24 by the Secretary in such a manner consistent with the purposes of this Act, as the Secretary 26 (4)(A) All fish or wildlife or plants taken, possessed, sold, purchased, offered for sale or 27 purchase, transported, delivered, received, carried, shipped, exported, or imported contrary to 92-528 96-12 1 the provisions of this Act, any regulation made pursuant thereto, or any permit or certificate 2 issued hereunder shall be subject to forfeiture to the United States. 3 (B) All guns, traps, nets, and other equipment, vessels, vehicles, aircraft, and other means of transportation used to aid the taking possessing, selling, purchasing, offering for sale or 4 5 purchase, transporting, delivering, receiving, carrying, shipping, exporting, or importing of any 6 7 8 9 10 11 12 13 14 15 16 17 fish or wildlife or plants in violation of this Act, any regulation made pursuant thereto, or any permit or certificate issued thereunder shall be subject to forfeiture to the United States upon conviction of a criminal violation pursuant to section 11(b)(1) of this Act. (5) All provisions of law relating to the seizure, forfeiture, and condemnation of a vessel for violation of the customs laws the disposition of such vessel or the proceeds from the sale thereof, and the remission or mitigation of such forfeiture, shall apply to the seizures and forfeitures incurred or alleged to have been incurred under the provisions of this Act insofar as such provisions of law are applicable and not inconsistent with the provisions of this Act; except that all powers, rights, and duties conferred or imposed by the customs laws upon any officer or employee of the Treasury Department shall, for the purposes of this Act, be exercised or performed by the Secretary or by such persons as he may designate. (6) The Attorney General of the United States may seek to enjoin any person who is alleged to be in violation of any provision of this Act or regulation issued under authority thereof. (f) REGULATIONS.--The Secretary, the Secretary of the Treasury, and the Secretary of the Department in which the Coast Guard is operating, are authorized to promulgate such regulations as may be appropriate to enforce this Act, and charge reasonable fees for expenses to the Government connected with permits or certificates authorized by this Act including processing applications and reasonable inspections, and with the transfer, board, handling, or 24 storage of fish or wildlife or plants and evidentiary items seized and forfeited under this Act. All such fees collected pursuant to this subsection shall be deposited in the Treasury to the credit 26 of the appropriation which is current and chargeable for the cost of furnishing the services. Appropriated funds may be expended pending reimbursement from parties in interest. CITIZEN SUITS.(1) Except as provided in paragraph (2) of this subsection any person may commence a civil suit on his own behalf- (A) to enjoin any person, including the United States and any other governmental instrumentality or agency (to the extent permitted by the eleventh amendment to the Constitution), who is alleged to be in violation of any provision of this Act or regulation issued under the authority thereof; or (B) to compel the Secretary to apply, pursuant to section 6(g)(2)(B)(ii) of this Act, the prohibitions set forth in or authorized pursuant to section 4(d) or section 9(a)(1)(B) of this Act with respect to the taking of any resident endangered species or threatened species within any State; or (C) against the Secretary where there is alleged a failure of the Secretary to perform any act or duty under section 4 which is not discretionary with the Secretary. (D) but not against affected private landowners alleged to have violated the Act. The district courts shall have jurisdiction, without regard to the amount in controversy or the citizenship of the parties, to enforce any such provision or regulation or to order the Secretary to perform such act or duty, as the case may be. In any civil suit commenced under subparagraph (B) the district court shall compel the Secretary to apply the prohibition sought if the court finds that the allegation that an emergency exists is supported by substantial evi 18 19 dence. 20 (2)(A) No action may be commenced under subparagraph (1)(A) of this section- 21 (1) prior to sixty days after written notice of the violation has been given to the Secretary, 22 and to any alleged Federal violator of any such provision or regulation; 23 (ii) if the Secretary has commenced action to impose a penalty pursuant to subsection 25 (iii) if the United States has commenced and is diligently prosecuting a criminal action 26 27 in a court of the United States or a State to redress a violation of any such provision or regulation. 28 (B) No action may be commenced under subparagraph (1)(B) of this section- 1 (1) prior to sixty days after written notice has been given to the Secretary setting forth 2 3 the reasons why an emergency is thought to exist with respect to an endangered species or a threatened species in the State concerned; or 4 5 (ii) if the Secretary has commenced and is diligently prosecuting action under section 6(g)(2)(B)(1) of this Act to determine whether any such emergency exists. (C) No action may be commenced under subparagraph (1)(C) of this section prior to sixty days after written notice has been given to the Secretary; except that such action may be brought immediately after such notification in the case of an action under this section respecting an emergency posing a significant risk to the well being of any species of fish or wildlife or plants. (3)(A) Any suit under this subsection may be brought in the judicial district in which the violation occurs. (B) In any such suit under this subsection in which the United States is not a party, the Attorney General, at the request of the Secretary, may intervene on behalf of the United States as a matter of right. (4) The court, in issuing any final order in any suit brought pursuant to paragraph (1) of this subsection, may award costs of litigation (including reasonable attorney and expert witness fees) to any party, whenever the court determines such award is appropriate. (5) The injunctive relief provided by this subsection shall not restrict any right which any person (or class of persons) may have under any statute or common law to seek enforcement of any standard or limitation or to seek any other relief (including relief against the Secretary or a State agency). (h) COORDINATION WITH OTHER LAWS.--The Secretary of Agriculture and the Secretary shall provide for appropriate coordination of the administration of this Act with the administration of the animal quarantine laws (21 U.S.C. 101-105 111-135b, and 612-614) and section 306 of the Tariff Act of 19-0 (19 U.S.C. 1306). Nothing in this Act or any amendment made by this Act shall be construed as superseding or limiting in any manner the functions of the Secretary of Agriculture under any other law relating to prohibited or restricted 1 importations or possession of animals and other articles and no proceeding or determination 2 3 4 under this Act shall preclude any proceeding or be considered determinative of any issue of fact or law in any proceeding under any Act administered by the Secretary of Agriculture. Nothing in this Act shall be construed as superseding or limiting in any manner the functions and 5 responsibilities of the Secretary of the Treasury under the Tariff Act of 1930, including, without 6 7 limitation, section 527 of that Act (19 U.S.C. 1527), relating to the importation of wildlife taken, killed, possessed, or exported to the United States in violation of the laws or regulations of a 8 foreign country. SEC. 12 13. The Secretary of the Smithsonian Institution, in conjunction with other affected agencies, is authorized and directed to review (1) species of plants which are now or may become endangered, or threatened and (2) methods of adequately conserving such species, and to report to Congress, within one year after the date of the enactment of this Act, the results of 15 such review including recommendations for new legislation or the amendment of existing 16 legislation. 20 SEC. 13 14. (a) Subsection 4(c) of the Act of October 15, 1966 (80 Stat. 928, 16 U.S.C. 21 22 123 24 25 668dd(c)). is further amended by revising the second sentence thereof to read as follows: "With the exception of endangered species and threatened species listed by the Secretary pursuant to section 4 of the Endangered Species Act of 1973 in States wherein a cooperative agreement does not exist pursuant to section 6(c) of that Act, nothing in this Act shall be construed to authorize the Secretary to control or regulate hunting or fishing of resident fish and wildlife on 25 27 28 (b) Subsection 10(a) of the Migratory Bird Conservation Act (45 Stat. 1224, 16 U.S.C. 7151(a)) and subsection 401(a) of the Act of June 15, 1935 (49 Stat. 383, 16 U.S.C. 715s(a)) are each |