5-10.001
Establishment
The Wildlife Section was established on November 8, 1979, by Environment
and Natural Resources Division Directive No. 22-79. The Marine Resources
Section was established on November 5, 1969, by Environment and Natural
Resources Division Directive No. 6-691. The consolidated Wildlife and
Marine Resources Section was established on June 15, 1981, by Environment
and Natural Resources Division Directive No. 1.
5-10.100
Area of Responsibility
The Wildlife and Marine Resources Section has responsibility for
prosecuting, defending, supporting, and coordinating the prosecution and
defense of all civil and criminal cases, matters, and proceedings arising
under the laws listed below (see USAM
5-10.120).
[cited in USAM 5.7.120]
5-10.120
Statutes Administered
The federal statutes giving rise to litigation handled by the Section
include the following:
- Endangered Species Act of 1973, 16 U.S.C. § 1531 et seq.
- Lacey Act Amendments of 1981, 16 U.S.C. § 3371 et seq., 18
U.S.C. § 42
- Airborne Hunting Act, 16 U.S.C. § 742j-1
- Migratory Bird Treaty Act, 16 U.S.C. § 703 et seq.
- Migratory Bird Conservation Act, 16 U.S.C. §§ 715 to 715d, 715e,
715f to 715k, 715 to 715r
- Bald and Golden Eagle Protection Act, 16 U.S.C. §§ 668 to
668d
- Dingell-Johnson Fish Restoration Act, 16 U.S.C. §§ 777 to 777i,
777k
- National Wildlife Refuge System Administration Act, 16 U.S.C. §§
668dd, 668ee
- Marine Protection, Research and Sanctuaries Act, 33 U.S.C. § 1431
et seq.
- Magnuson Fishery Conservation and Management Act, 16 U.S.C. § 1801 et seq.
- Whaling Convention Act, 16 U.S.C. § 981 et seq.
- Atlantic Tunas Convention Act, 16 U.S.C. § 971
- Tuna Conventions Act, 16 U.S.C. § 951 et seq.
- Marine Mammal Protection Act, 16 U.S.C. § 1361 et seq.
- Sockeye Salmon or Pink Salmon Fishing Act, 16 U.S.C. § 776 et
seq. [repealed]
- Fur Seal Act of 1966, 16 U.S.C. § 1151 et seq.
- Protection of Sea Otters on the High Seas Act, 16 U.S.C. § 1171et
seq.
- Wild Free Roaming Horses and Burros Act, 16 U.S.C. §§ 1331 to
1340
- Fish and Wildlife Coordination Act, 16 U.S.C. §§ 661 to 667e
- Animal Damage Control Act, 7 U.S.C. § 426 et seq.
- Sponge Act, 16 U.S.C. § 781 et seq.
- Northern Pacific Halibut Act, 16 U.S.C. § 773 et seq.
- Northern Pacific Fisheries Act, 16 U.S.C. § 1021 et seq.
[repealed]
- Antarctic Conservat ion Act, 16 U.S.C. § 2401 et seq.
- Atlantic Salmon Convention Act, 16 U.S.C. § 3601 et
seq.
[cited in
USAM 5-7.120;
USAM 5-7.300;
USAM 5-10.100]
5-10.200
Organization
The section is administered by a Chief and three Assistant Chiefs. The
work of the Section is assigned among staff attorneys according to
experience and workload.
5-10.300
Supervision and Handling of Wildlife and
Marine
Resources Section CasesRequest for Instructions
Requests for instructions and guidance relating to the prosecution or
defense or actions under the jurisdiction of the Section shall be referred
to: Chief, Wildlife and Marine Resources Section, Environment and Natural
Resources Division, Department of Justice, P.O. Box 7369, Ben Franklin
Station, Washington, D.C. 20044-7369 (202-305-0210).
5-10.310
Authority of United States Attorneys to
Initiate
Actions Without Prior Authorization, i.e., Direct Referral Cases
The general authority of United States Attorneys to initiate cases under
the supervision of the Wildlife and Marine Resources Section is set forth
in USAM 5-1.310. Cases which do not raise
new or unusual questions of law may be initiated by the United States
Attorney without prior authorization from the Section in response to a
direct request in writing from an authorized field officer of the
department or agency concerned. Upon receipt of referrals of any
case within the jurisdiction of the Section, notice shall be given to the
Section before filing or declining to file an action, as set forth in USAM 5-10.312.
United States Attorneys
are not authorized to commence actions against foreign vessels or foreign
fishermen under the Magnuson Fishery Conservations and Management Act, 16
U.S.C. § 1801 et seq., without prior telephonic approval from
the Section. The views of the United States Attorney for a district to which
a foreign vessel may be brought will be ascertained in advance of seizure
by the Coast Guard. The United States Attorney should then contact the
Section to discuss the complaint to be filed, release bond and inventory
arrangements.
[cited in USAM 5-10.312;
USAM 5-10.321]
5-10.312
Notice to Wildlife and Marine Resources
Section
of Intention to File Direct Referral Action
No later than three (3) business days prior to instituting or declining
to institute a direct referral action arising under the jurisdiction of the
Section, the Chief of the Section shall be notified of the proposed action,
and copies of relevant documents shall be forwarded in due course. This
notice and document forwarding requirement is waived when, for example, a
case involves routine enforcement of the Migratory Bird Treaty Act or
ordinary forfeiture proceedings not concerning wildlife or associated
articles of significant value.
The notice requirement is applicable where, for example, a case involves
a conspiracy to violate the import or export provisions of the Endangered
Species Act, the Marine Mammal Protection Act, or the Lacey Act; a
multi-jurisdictional conspiracy involving the interstate trafficking in
wildlife or wildlife parts and products in violation of any federal wildlife
or marine resource law; a violation of the felony provisions of the Lacey
Act or the Migratory Bird Treaty Act; any litigation involving the Wild
Horses and Burros Act. If there is doubt as to whether notice and document
forwarding is necessary, inquiry to the Section is appropriate.
[cited in
USAM 5-1.310;
USAM 5-10.310;
USAM 5-10.630]
5-10.320
Actions Not Subject to Direct Referral to
United
States Attorney
Responsibility for the handling of cases under the supervision of the
Wildlife and Marine Resources Section is assigned by the Chief of the
Section under the provisions of USAM 5-1.322
through 5-1.326.
5-10.321
Prior Authorization Needed to Initiate
Action or
Assume Defense of Action
Except for cases authorized to be filed upon direct referral,
(see USAM 5-10.310) no case under
the supervision of the Wildlife and Marine Resources Section may be
initiated by a United States Attorney without prior authorization
(see USAM 5-1.302). In all cases
under the supervision of the Section in which the United States, a federal
agency or agency official is a defendant, the United States Attorney shall
inquire of the Section whether the assignment will be field, staff or
joint. The United States Attorney shall provide notice immediately to the
section when any motion for preliminary relief is filed.
5-10.500
General Procedures in District Court
Litigation
The general instructions set forth in USAM
5-1.100 et seq., with respect to the handling of litigation,
apply in every respect to the litigation of the Wildlife and Marine
Resources Section. Particularly, it is of the utmost importance that
complaints filed against the United States, federal agencies or federal
officials in matters relating to the area of responsibility of the Wildlife
and Marine Resources Section be transmitted promptly to the chief of the
Section.
5-10.600
Settlement and Dismissal of Cases
Except with respect to direct referral cases involving no new or unusual
questions of fact or law (discussed in USAM
5-1.310, 5-5.230, and 5-5.240), no claim or case under the
jurisdiction of the Wildlife and Marine Resources Section may be settled or
dismissed without specific or delegated authority from the Attorney
General. See USAM 5-5.210 et
seq.
[cited in USAM 5-8.600]
5-10.620
Transmittal of Compromise to Wildlife and
Marine
Resources Section; Recommendations With Respect to Acceptance
Where compromise in a case other than a direct referral case is offered
to a United States Attorney, he shall forward the offer to the Section along
with his recommendation and supporting analysis.
The recommendation should be guided by the principle that a compromise
offer should be declined unless it fairly reflects (a) doubt that the
government position will prevail, (b) doubt that judgment can be secured for
an amount larger than that offered in compromise, (c) doubt that an amount
larger than that offer can be collected, although a judgment has been or
can be secured, or (d) the probability that cost of collection will exceed
the difference between the amount recoverable and the amount offered.
[cited in USAM 5-5.210]
5-10.630
Authority of United States Attorneys to
Settle
or Dismiss Direct Referral Cases
The general authority of United States Attorneys to settle or dismiss
direct referral cases under the supervision of the Wildlife and Marine
Resources Section is set forth in USAM
5-5.230.
Subject to the limitations imposed by this paragraph and section USAM 5-5.240, United States Attorneys are
authorized, without prior approval of the Environment and Natural Resources
Division, to settle all direct referral actions relating to wildlife law
enforcement.
Telephonic notice shall be given to the Section prior to any such
settlement or dismissal and copies of all relevant documents shall be
forwarded to the Section. This notice requirement is waived in certain
categories or cases discussed in USAM
5-10.312 and USAM 5-1.310.
[cited in USAM 5-5.210]
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