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# 5-10.000 - Wildlife And Marine Resources Section

5-10.001 | Establishment
5-10.100 | Area of Responsibility
5-10.120 | Categories of Litigation
5-10.200 | Organization
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 | Transmission, Supervision, and Handling of Wildlife and Marine Resources Section Cases
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

### 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.

[Updated April 2018]

### 5-10.100 - Area of Responsibility

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 JM 5-10.120).

[cited in JM 5-7.120]

[Updated April 2018]

### 5-10.120 - Categories of Litigation

The federal statutes giving rise to civil litigation handled by the Section include the following:

1. Endangered Species Act of 1973, 16 U.S.C. § 1531
2. Airborne Hunting Act, 16 U.S.C. § 742j-1
3. Migratory Bird Treaty Act, 16 U.S.C. § 703
4. Migratory Bird Conservation Act, 16 U.S.C. §§ 715-715d, 715e, 715f to 715k, 715-715r
5. Bald and Golden Eagle Protection Act, 16 U.S.C. §§ 668-668d
6. Dingell-Johnson Fish Restoration Act, 16 U.S.C. §§ 777-777i, 777k
7. National Wildlife Refuge System Administration Act, 16 U.S.C. §§ 668dd, 668ee
8. Marine Protection, Research and Sanctuaries Act, 16 U.S.C. § 1431
9. Magnuson Fishery Conservation and Management Act, 16 U.S.C. § 1801
10. Atlantic Tunas Convention Act, 16 U.S.C. § 971
11. Tuna Conventions Act, 16 U.S.C. § 951
12. Marine Mammal Protection Act, 16 U.S.C. § 1361
13. Fur Seal Act of 1966, 16 U.S.C. § 1151
14. Wild Free Roaming Horses and Burros Act, 16 U.S.C. §§ 1331-1340
15. Fish and Wildlife Coordination Act, 16 U.S.C. §§ 661-667e
16. Animal Damage Control Act, 7 U.S.C. § 8351
17. Sponge Act, 16 U.S.C. § 781
18. Northern Pacific Halibut Act, 16 U.S.C. § 773
19. Antarctic Conservation Act, 16 U.S.C. § 2401
20. Atlantic Salmon Convention Act, 16 U.S.C. § 3601 et seq.
21. Humane Methods of Livestock Slaughter Act, 7 U.S.C. § 1902 (including violations cross-referenced under 21 U.S.C. § 601)
22. Animal Welfare Act, 7 U.S.C. § 2131
23. Animal Fighting Venture Prohibition, 7 U.S.C. § 2156
24. Horse Protection Act, 15 U.S.C. § 1821
25. 28-Hour Law, 49 U.S.C. § 80502

[cited in JM 5-7.120; JM 5-7.300; JM 5-10.100]

[Updated May 2018]

### 5-10.200 - Organization

The Section is administered by a Chief and Assistant Chiefs. The work of the Section is assigned among staff attorneys according to experience and workload.

[Updated April 2018]

### 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 JM 5-1.310 (ENRD Directive No. 2016-04). Civil enforcement cases brought under the statutes set forth in 5-10.120 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 JM 5-10.312.

[cited in JM 5-10.321]

[Updated May 2018]

### 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. [cited in JM 5-1.310; JM 5-10.310; JM 5-10.630]

[Updated April 2018]

### 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 JM 5-1.322 through 5-1.326. Civil defensive cases involving the statutes set forth in 5-10.120 are not subject to direct referral to United States Attorneys.

[Updated April 2018]

### 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 JM 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 JM 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.

[Updated May 2018]

### 5-10.500 - Transmission, Supervision, and Handling of Wildlife and Marine Resources Section Cases

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, from whom information and guidance may be sought at any time during the handling of litigation by contacting the Chief of the Wildlife and Marine Resources Section by telephone (202-305-0210) or e-mail. The general instructions set forth in JM 5-1.100 with respect to the handling of litigation also apply to the litigation of the Wildlife and Marine Resources Section.

[Updated May 2018]

### 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 JM 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 JM 5-5.210.

[cited in JM 5-8.600]

[Updated May 2018]

### 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.

[cited in JM 5-5.210]

[Updated April 2018]

### 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 JM 5-5.230. Subject to the limitations imposed by this paragraph and section JM 5-5.240, United States Attorneys are authorized, without prior approval of the Environment and Natural Resources Division, to settle all direct referral civil enforcement actions brought under the statutes set forth in JM 5-10.120. 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.

[cited in JM 5-5.210]

[Updated April 2018]

Updated September 19, 2018