of Washington and elsewhere of such persons and means as the Secretary of the Interior may deem necessary for such purposes. (Mar. 10, 1934, c. 55, § 6, 48 Stat. 402; Aug. 14, 1946, c. 965, 60 Stat. 1080.)

PENALTIES

SEC. 7. Any person who shall violate any rule or regulation promulgated in accordance with this Act shall be guilty of a misdemeanor and upon conviction thereof shall be fined not more than $500 or imprisoned for not more than one year, or both. (Mar. 10, 1934, c. 55, §7, as added Aug. 14, 1946, c. 965, 60 Stat. 1080.)

DEFINITIONS

SEC. 8. The terms "wildlife" and "wildlife resources" as used in this Act include birds, fishes, mammals, and all other classes of wild animals and all types of aquatic and land vegetation upon which wildlife is dependent. (Mar. 10, 1934, c. 55, § 8, as added Aug. 14, 1946, c. 965, 60 Stat. 1080.)

APPLICABILITY TO TENNESSEE VALLEY AUTHORITY

SEC. 9. The provisions of this Act shall not apply to the Tennessee Valley Authority. (Mar. 10, 1934, c. 55, § 9, as added Aug. 14, 1946, c. 965, 60 Stat. 1080.)

C. Recreational use of fish and wildlife areas administered by the Secretary of the Interior

Act of September 28, 1962 (76 Stat. 653; 16 U.S.C. 460k-460k-4)

TABLE OF CONTENTS

Sec. 1. Public recreation use of fish and wildlife conservation areas.

Sec. 2. Acquisition of lands for recreational development.

Sec. 3. Cooperation with agencies, organizations, and individuals; donations; restrictive covenants.

Sec. 4. Charges and fees.

Sec. 5. Appropriations.

PUBLIC RECREATION USE OF FISH AND WILDLIFE CONSERVATION AREAS

SEC. 1. In recognition of mounting public demands for recreational opportunities on national wildlife refuges, game ranges, national fish hatcheries, and other conservation areas administered by the Secretary of the Interior for fish and wildlife purposes; and in recognition also of the resulting imperative need, if such recreational opportunities are provided, to assure that any present or future recreational use will be compatible with, and will not prevent accomplishment of, the primary purposes for which the said conservation areas were acquired or established, the Secretary of the Interior is authorized, as an appropriate incidental or secondary use, to administer such areas or parts thereof for public recreation when in his judgment public recreation can be an appropriate incidental or secondary use: Provided, That such public recreation use shall be permitted only to the extent that is practicable and not inconsistent with other previously authorized Federal operations or with the primary objectives for which each particular area is established: Provided further, That in order to insure accomplishment of such primary objectives, the Secretary, after consideration of all authorized uses, purposes, and other pertinent factors relating to individual areas, shall curtail public recreation use generally or certain types of public recreation use within individual areas or in portions thereof whenever he considers such action to be necessary: And provided further, That none of the aforesaid refuges, hatcheries, game ranges, and other conservation areas shall be used during any fiscal year for those forms of recreation that are not directly related to the primary purposes and functions of the individual areas until the Secretary shall have determined-

(a) that such recreational use will not interfere with the primary purposes for which the areas were established, and

(b) that funds are available for the development, operation, and maintenance of these permitted forms of recreation. This section shall not be construed to repeal or amend previous enactments relating to particular areas.

(Pub. L. 87-714, § 1, Sept. 28, 1962, 76 Stat. 653.)

ACQUISITION OF LANDS FOR RECREATIONAL DEVELOPMENT

SEC. 2. In order to avoid adverse effects upon fish and wildlife populations and management operations of the said areas that might otherwise result from public recreation or visitation to such areas, the Secretary is authorized to acquire limited areas of land for recreational development adjacent to the said conservation areas in existence or approved by the Migratory Bird Conservation Commission as of the date of enactment of this Act: Provided, That the acquisition of any land or interest therein pursuant to this section shall be accomplished only with such funds as may be appropriated therefor by the Congress or donated for such purposes, but such property shall not be acquired with funds obtained from the sale of Federal migratory bird hunting stamps. Lands acquired pursuant to this section shall become a part of the particular conservation area to which they are adjacent. (Pub. L. 87-714, § 2, Sept. 28, 1962, 76 Stat. 653.)

COOPERATION WITH AGENCIES, ORGANIZATIONS, AND INDIVIDUALS; DONATIONS; RESTRICTIVE COVENANTS

SEC. 3. In furtherance of the purposes of this Act, the Secretary is authorized to cooperate with public and private agencies, organizations, and individuals, and he may accept and use, without further authorization, donations of funds and real and personal property. Such acceptance may be accomplished under the terms and conditions of restrictive covenants imposed by donors when such covenants are deemed by the Secretary to be compatible with the purposes of the wildlife refuges, games ranges, fish hatcheries, and other fish and wildlife conservation areas. (Pub. L. 87-714, § 3, Sept. 28, 1962, 76 Stat. 653.)

CHARGES AND FEES

SEC. 4. The Secretary may establish reasonable charges and fees and issue permits for public use of national wildlife refuges, game ranges, national fish hatcheries, and other conservation areas administered by the Department of the Interior for fish and wildlife purposes. The Secretary may issue regulations to carry out the purposes of this Act. A violation of such regulations shall be a petty offense (18 U.S.C. 1) with maximum penalties of imprisonment for not more than six months, or a fine of not more than $500, or both. (Pub. L. 87-714, § 4, Sept. 28, 1962, 76 Stat. 654.)

APPROPRIATIONS

SEC. 5. There is authorized to be appropriated such funds as may be necessary to carry out the purposes of this Act including the construction and maintenance of public recreational facilities. (Pub. L. 87-714, § 5, Sept. 28, 1962, 76 Stat. 654.)

D. Criminal provisions relating to fish and wildlife generally

1. GENERAL

Act of June 25, 1948 (62 Stat. 686), as amended (18 U.S.C. 41-44)

TABLE OF CONTENTS

Sec. 41. Hunting, fishing, trapping; disturbance or injury on wildlife refuges. Sec. 42. Importation or shipment of injurious mammals, birds, fish, amphibia, and reptiles.

Sec. 43. Transportation of wildlife taken in violation of State, national, or foreign laws.

Sec. 44. Marking packages or containers.

§ 41. Hunting, fishing, trapping; disturbance or injury on wildlife refuges

Whoever, except in compliance with rules and regulations promulgated by authority of law, hunts, traps, captures, willfully disturbs or kills any bird, fish, or wild animal of any kind whatever, or takes or destroys the eggs or nest of any such bird or fish, on any lands or waters which are set apart or reserved as sanctuaries, refuges or breeding grounds for such birds, fish, or animals under any law of the United States or willfully injures, molests, or destroys any property of the United States on any such lands or waters, shall be fined not more than $500 or imprisoned not more than six months, or both. (June 25, 1948, c. 645, 62 Stat. 686.)

HISTORICAL AND REVISION NOTES

Reviser's Note.-Based on Title 18, U.S.C., 1940 ed., § 145 and §§ 676, 682, 683, 685, 688, 689b, 692a, and 694a of Title 16, U.S.C., 1940 ed., Conservation (Jan. 24, 1905, c. 137, § 2, 33 Stat. 614; June 29, 1906, c. 3593, § 2, 34 Stat. 607; Mar. 4, 1909, c. 321, § 84, 35 Stat. 1104; Aug. 11, 1916, c. 313, 39 Stat. 476; June 5, 1920, c. 247, § 2, 41 Stat. 986; Apr. 15, 1924, c. 108, 43 Stat. 98; Feb. 28, 1925, c. 376, 43 Stat. 1091; July 3, 1926, c. 744, § 6, 44 Stat. 821; July 3, 1926, c. 776, § 3, 44 Stat. 889; June 28, 1930, c. 709, § 2, 46 Stat. 828; Mar. 10, 1934, c. 54, § 2, 48 Stat. 400; 1939 Řeorg. Plan No. II, § 4(f), 4 F.R. 2731, 53 Stat. 1433).

This revised section condenses, consolidates, and simplifies similar provisions of sections 676, 682, 683, 685, 688, 689b, 692a, and 694a of said Title 16, with section 145 of said Title 18, with such changes of phraseology as make clear the intent of Congress to protect all wildlife within Federal sanctuaries, refuges, fish hatcheries, and breeding grounds. Irrevelant provisions of such sections in Title 16 are to be retained in that title.

Because of the general nature of this consolidated section, no specific reference is made to rules and regulations issued by

the Secretary of the Interior or any other personage, but only to rules and regulations "promulgated by authority of law".

The punishment provided by the sections consolidated varied from a fine not exceeding $100 or imprisonment not exceeding 6 months, or both, in section 694a of Title 16, to a fine not exceeding $1,000 or imprisonment not exceeding 1 year, or both, in sections 676, 685, and 688 of such title. The revised section adopts the punishment provisions of the other five sections.

The references to "misdemeanor" in sections 676, 685, 688, 689b, 692a, and 694a of Title 16, were omitted as unnecessary in view of definition of "misdemeanor" in section 1 of this title, and also to conform with policy followed by codifiers of the 1909 Criminal Code, as stated in Senate Report 10, part 1, pages 12, 13, 14, Sixtieth Congress, first session, to accompany S. 2982.

Words "upon conviction", contained in sections 676, 685, 688, 689b, 692a, and 694a of Title 16, were omitted as surplusage, because punishment can be imposed only after conviction.

Words "in any United States court of competent jurisdiction", in sections 676, 685, and 688 of Title 16, words "in any United States court", in section 689b, 692a, and 694a of such title, and words "in the discretion of the court", in said sections 676, 685, 688, and 689b, were likewise omitted as surplusage. 80th Congress House Report No. 304.

The criminal provisions of the Migratory Bird Treaty Act, sections 703-711 of Title 16, U.S.C., 1940, ed., Conservation, and the Migratory Bird Conservation Act, sections 715-715r, of said Title 16, were considered for inclusion in this section. Since these provisions, except parts of sections 704-707 of said Title 16, are so inextricably interwoven with the Migratory Bird Acts, it was found advisable to exclude them. 80th Congress House Report No. 304.

§ 42. Importation or shipment of injurious mammals, birds, fish, amphibia, and reptiles

(a) (1) The importation into the United States, any territory of the United States, the District of Columbia, the Commonwealth of Puerto Rico, or any possession of the United States, or any shipment between the continental United States, the District of Columbia, Hawaii, the Commonwealth of Puerto Rico, or any possession of the United States, of the mongoose of the species Herpestes auropunctatus; of the species of so-called "flying foxes" or fruit bats of the genus Pteropus; and such other species of wild mamals, wild birds, fish (including mollusks and crustacea), amphibians, reptiles, or the offspring or eggs of any of the foregoing which the Secretary of the Interior may prescribe by regulation to be injurious to human beings, to the interests of agriculture, horticulture, forestry, or to wildlife or the wildlife resources of the United States, is hereby prohibited. All such prohibited mammals, birds, fish (including mollusks and crustacea), amphibians, and reptiles, and the eggs or offsprings therefrom, shall be prompted exported or destroyed at the expense of the importer or consignee. Nothing in this section shall be construed to repeal or modify any pro