IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEBRASKA IN THE MATTER OF THE REVISION OF THE SCHEDULES OF AMOUNTS OF COLLATERAL TO BE FORFEITED IN GENERAL ORDER 98-04 LIEU OF APPEARANCE This court's General Order of December 16, 1996, is hereby amended by substituting the attached Page 17 to Schedule C (Department of Interior, Fish and Wildlife Service) for the present Page 17 of such Schedule C. IT IS SO ORDERED. DATED this 19th day of June, 1998. BY THE COURT: /s/ William G. Cambridge WILLIAM G. CAMBRIDGE Chief Judge /s/ Richard G. Kopf RICHARD G. KOPF District Judge /s/ Thomas M. Shanahan THOMAS M. SHANAHAN District Judge /s/ Joseph F. Bataillon JOSEPH F. BATAILLON District Judge 16 USC  460k National Wildlife Refuge System Statute: Knowingly disturb, injure, cut, burn, remove, $500.00 + 16 USC  460k destroy, or possess any real or personal property of value the United States . . . or take or possess any fish, bird, mammal, or other wild vertebrate or invertebrate animal or part of nest or egg thereof . . . or enter, use or otherwise occupy an such area for any purpose without a permit or authorization. Disturb, injure, cut, burn, remove, destroy, take, possess, enter, use, etc. 16 USC  460k National Wildlife Refuge System 50 CFR 25.21 Administrative Provisions $100.00 Enter a closed portion of a National Wildlife Refuge. 50 CFR 25.31 Administrative Provisions $50.00 Failure to comply with special regulations, etc. 50 CFR 25.72 Administrative Provisions $100.00 Failure to report all accidents. 50 CFR 25 Administrative Provisions $50.00 All other administrative provision regulations. -17- UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEBRASKA MEMORANDUM TO: William G. Cambridge, Chief Judge Richard G. Kopf, District Judge Thomas M. Shanahan, District Judge Joseph F. Bataillon, District Judge RE: Forfeiture of Collateral Schedule FROM: Thomas D. Thalken, U.S. Magistrate Judge DATE: June 12, 1998 Enclosed at TAB C is a proposed order amending the Forfeiture of Collateral Schedule. It is necessitated to allow Fish & Wildlife to write tickets for violations of the National Refuge System under 16 U.S.C.  460k. At TAB A is a copy of a letter from Doug Semisch explaining the necessity for an amendment of the forfeiture of collateral schedule for Fish & Wildlife. At TAB B is a copy of the current Page 17 of Schedule C (Fish & Wildlife) of our current Forfeiture of Collateral Schedules with a strike-over of the old language and a red-line of the proposed language. As the magistrate judges who handle CVB matters in this district, both Magistrate Judge Piester and I recommend adoption of the amendment and your signatures on the proposed order. cc: Magistrate Judge Piester Gary D. McFarland Douglas R. Semisch TDT/pv A U.S. Department of Justice United States Attorney District of Nebraska 7401 Zorinsky Federal Building 215 North 17th Street PH: (402) 221-4774 Post Office Box 1228 DTS Omaha, Nebraska 68101-1228 FAX:(402) 221-4757 April 29, 1998 The Honorable Thomas D. Thalken United States Magistrate Judge Box 1457 Omaha, NE 68101 Re: Minor Modification to Petty Offense and Fine Schedule for the District of Nebraska Dear Magistrate Judge Thalken: In recent hearings concerning violation notices, you have correctly pointed out that certain violations were not properly brought before the Court pursuant to a violation notice, because those violations were actually Class A misdemeanors. In this regard, Rule 58(b)(1) provides that "the trial of a misdemeanor may proceed on an indictment, information, or complaint or, in the case of a petty offense, on a citation or violation notice." Title 18 U.S.C.  19 defines the term "petty offense" as a Class B misdemeanor, a Class C misdemeanor, or an infraction, for which the maximum fine is no greater than the amount set forth in  3571 (b)(6) or (7). In short, therefore, Class A misdemeanors must be charged by complaint, indictment, or information while all lessor offenses can be charged by way of a violation notice. The recently amended Fine Schedule for the District of Nebraska includes fines for violation notices issued pursuant to the National Wildlife Refuge System Administration Act, 16 U.S.C.  668dd. (The fine amounts come from the regulations found at 50 C.F.R. Parts 25, 26, 27 and 32). However, 16 U.S.C.  668dd was amended in 1988, to change violations of the Act from Class B misdemeanors to Class A misdemeanors. Accordingly, pursuant to Rule 58 of the Federal Rules of Criminal Procedure, violations of 16 U.S.C.  668dd are not properly charged through violation notices. The Recreation Act, 16 U.S.C.  460k covers situations which are also covered by the National Wildlife Refuge System Administration Act. 50 C.F.R. Parts 25, 26, 27 and 32 also apply to the Recreation Act. The violation of the Recreation Act, however, is only a Class B misdemeanor. The Honorable Thomas D. Thalken April 29, 1998 Page Two In light of the foregoing, I would recommend making a minor modification to Schedule C at Page 17 to show that the fines relate also to violations of 16 U.S.C.  460k. This way, agents can continue to properly issue violation notices for the same conduct already described in the Fine Schedule. Please let me know if the foregoing technical amendment meets with your approval. Sincerely yours, THOMAS J. MONAGHAN United States, Attorney /s/ Douglas R. Semisch By: DOUGLAS R. SEMISCH Assistant U. S. Attorney DRS/ms cc: M. G. Medina Senior Resident Agent, USFWS B 16 USC  668dd 460k National Wildlife Refuge System Admistration Act Statute: Knowingly disturb, injure, cut, burn, remove, $500.00 + 16 USC  destroy, or possess any real or personal property of value 668dd the United States . . . or take or possess any fish, bird, 460k mammal, or other wild vertebrate or invertebrate animal or part of nest or egg thereof..... or enter, use or otherwise occupy any such area for any purpose without a permit or authorization. Disturb, injure, cut, burn, remove, destroy, take, possess, enter, use, etc. 16 USC  668dd 460k and 16 USC  721-731 National Wildlife Refuge System Administration Act Upper Mississippi River Wildlife and Fish Refuge Act Bear River Migratory Bird Refuge Act 50 CFR 25.21 Administrative Provisions $100.00 Enter a closed portion of a National Wildlife Refuge. 50 CFR 25.31 Administrative Provisions $50.00 Failure to comply with special regulations, etc. 50 CFR 25.72 Administrative Provisions $100.00 Failure to report all accidents. 50 CFR 25 Administrative Provisions $50.00 All other administrative provision regulations. -17- C