5-10.001
Establishment
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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
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The Wildlife and Marine Resources Section has responsibility for civil
enforcement and defense of, and supporting, and coordinating all civil
cases, matters, and proceedings arising under the laws listed below
(see USAM 5-10.120).
[updated November 2008]
[cited in USAM 5-7.120]
5-10.120
Statutes Administered
The federal statutes giving rise to civil litigation handled by the
Section include the following:
- Endangered Species Act of 1973, 16 U.S.C. § 1531 et seq.
- 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.
- Fur Seal Act of 1966, 16 U.S.C. § 1151 et 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.
- Antarctic Conservation Act, 16 U.S.C. § 2401 et seq.
- Atlantic Salmon Convention Act, 16 U.S.C. § 3601 et seq.
[updated November 2008]
[cited in USAM 5-7.120;
USAM 5-7.300;
USAM 5-10.100]
5-10.200
Organization
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The section is administered by a Chief and two 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
Cases—Request for Instructions
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Requests for instructions and guidance relating to the civil enforcement
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).
[updated November 2008]
5-10.310
Authority of United States Attorneys to Initiate Actions Without
Prior Authorization, i.e., Direct Referral Cases
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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.
[updated November 2008]
[cited in USAM 5-10.321]
5-10.312
Notice to Wildlife and Marine Resources Section of Intention to File
Direct Referral Action
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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
civil enforcement of the Endangered Species Act. If there is doubt as to
whether notice and document forwarding is necessary, inquiry to the Section
is appropriate.
[updated November 2008] [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
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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
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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
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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
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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
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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
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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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