5-10.000
THE WILDLIFE AND
MARINE
RESOURCES SECTION
5-10.001 Establishment
5-10.100 Area of Responsibility
5-10.120 Statutes Administered
5-10.200 Organization
5-10.300 Supervision and Handling of Wildlife
and Marine Resources Section Cases -- Request for Instructions
5-10.310 Authority of United States Attorneys
to Initiate Actions Without Prior Authorization, i.e., Direct Referral Cases
5-10.312 Notice to Wildlife and Marine
Resources Section of Intention to File Direct Referral Action
5-10.320 Actions Not Subject to Direct
Referral to United States Attorney
5-10.321 Prior Authorization Needed to
Initiate Action or Assume Defense of Action
5-10.500 General Procedures in District Court
Litigation
5-10.600 Settlement and Dismissal of Cases
5-10.620 Transmittal of Compromise to Wildlife
and Marine Resources Section; Recommendations With Respect to Acceptance
5-10.630 Authority of United States Attorneys
to Settle or Dismiss Direct Referral Cases
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.
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).
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 Conservation Act, 16 U.S.C. § 2401 et seq.
- Atlantic Salmon Convention Act, 16 U.S.C. § 3601 et seq.
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.
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).
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.
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.
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.
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.
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.
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.
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.
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.
| September 1997
| USAM Chapter 5-10
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