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vision of the Public Health Service Act or Federal Food, Drug, and Cosmetic Act. Also, this section shall not authorize any action with respect to the importation of any plant pest as defined in the Federal Plant Pest Act, insofar as such importation is subject to regulation

under that Act.

(2) As used in this subsection, the term "wild" relates to any creatures that, whether or not raised in captivity, normally are found in a wild state; and the terms "wildlife" and "wildlife resources" include those resources that comprise wild mammals, wild birds, fish (including mollusks and crustacea), and all other classes of wild creatures whatsoever, and all types of aquatic and land vegetation upon which such wildlife resources are dependent.

(3) Notwithstanding the foregoing, the Secretary of the Interior, when he finds that there has been a proper showing of responsibility and continued protection of the public interest and health, shall permit the importation for zoological, educational, medical, and scientific purposes of any mammals, birds, fish (including mollusks and crustacea), amphibia, and reptiles, or the offspring or eggs thereof, where such importation would be prohibited otherwise by or pursuant to this Act, and this Act shall not restrict importations by Federal agencies for their own use.

(4) Nothing in this subsection shall restrict the importation of dead natural-history specimens for museums or for scientific collections, or the importation of domesticated canaries, parrots (including all other species of psittacine birds), or such other cage birds as the Secretary of the Interior may designate.

(5) The Secretary of the Treasury and the Secretary of the Interior shall enforce the provisions of this subsection, including any regulations issued hereunder, and, if requested by the Secretary of the Interior, the Secretary of the Treasury may require the furnishing of an appropriate bond when desirable to insure compliance with such provisions.

(b) Whoever violates this section, or any regulation issued pursuant thereto, shall be fined not more than $500 or imprisoned not more than six months, or both. (As amended Sept. 2, 1960, Pub. L. 86-702, § 1, 74 Stat. 753.)

(c) The Secretary of the Treasury shall prescribe such requirements and issue such permits as he may deem necessary for the transportation of wild animals and birds under humane and healthful conditions, and it shall be unlawful for any person, including any importer, knowingly to cause or permit any wild animal or bird to be transported to the United States, or any Territory or district thereof, under inhumane or unhealthful conditions or in violation of such requirements. In any criminal prosecution for violation of this subsection and in any administrative proceeding for the suspension of the issuance of further permits

(1) the condition of any vessel or conveyance, or the enclosures in which wild animals or birds are confined therein, upon its arrival in the United States, or any Territory or district thereof, shall constitute relevant evidence in determining whether the provisions of this subsection have been violated; and

(2) the presence in such vessel or conveyance at such time of a substantial ratio of dead, crippled, diseased, or starving wild

animals or birds shall be deemed prima facie evidence of the violation of the provisions of this subsection. (June 25, 1948, c. 645, 62 Stat. 687, amended May 24, 1949, c. 139, § 2, 63 Stat. 89.)

HISTORICAL AND REVISION NOTES

Reviser's Note.-Based on Title 18, U.S.C., 1940 ed., §§ 391, 394 (Mar. 4, 1909, c. 321, §§ 241, 244, 35 Stat. 1137, 1138 [derived from Act May 25, 1900, c. 553, §§ 2, 4 Stat. 188]; June 15, 1935, c. 261, Title II, § 201, 49 Stat. 381; 1939 Reorg. Plan No. II, § 4(f), 4 F.R. 2731, 53 Stat. 1433).

This section consolidates the provisions of sections 391 and 394 of said Title 18, as subsections (a) and (b), respectively.

In subsection (a) the words "Territory or District thereof" were omitted as unnecessary in view of the definition of the United States in section 5 of Title 18, U.S. Code.

In subsection (b) the words "upon conviction thereof", were omitted as surplusage because punishment can only be imposed after conviction.

The amount of the fine was reduced from $1,000 to $500,
thus making the violation a petty offense as defined in section
1 of this title. (See also section 41 of this title which pro-
vides a similar punishment.)

Minor verbal changes were also made, 80th Congress House
Report No. 304.

1949 Amendment.-Subsec. (a) amended by Act May 24,
1949 to make section applicable to any Territory or district
thereof as well as to the United States, and to change the
phraseology.

Subsec. (b) reenacted without change by Act May 24, 1949.
Subsec. (c) added by Act May 24, 1949.

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

Whoever delivers, carries, transports, ships, by any means whatever, or knowingly receives for shipment, to or from any State, territory, the District of Columbia, the Commonwealth of Puerto Rico, any possession of the United States, or any foreign country, any wild mammal or bird of any kind, or the dead body or parts thereof, or the offspring or eggs therefrom, as the case may be, which was captured, killed, taken, purchased, sold, or otherwise possessed or transported in any manner contrary to any Act of Congress or regulation issued pursuant thereto or contrary to the laws or regulations of any State, territory, the District of Columbia, the Commonwealth of Puerto Rico, possession of the United States, or foreign country; or

Whoever receives, acquires, or purchases, knowingly, any such wild mammal or bird of any kind or the dead body or parts thereof, or the offspring or eggs therefrom, which was so transported, delivered, carried, or shipped by any means whatsoever, as aforesaid; or

Whoever, having acquired any of the foregoing properties which was so transported, delivered, carried, or shipped by any means whatever, as aforesaid, makes any false record, account, label or identification thereof; or

Whoever imports from or exports to Mexico any game mammal, dead or alive, or parts or products thereof, except under permit or authorization of the Secretary of the Interior, in accordance with regulations issued by him and approved by the President

Shall be fined not more than $500 or imprisoned not more than six months, or both; and the wild animals or birds, or the dead bodies or parts thereof, or the eggs of such birds, shall be forfeited. (As amended Sept. 2, 1960, Pub. L. 86–702, § 2, 74 Stat. 754.)

§ 44. Marking packages or containers

Whoever ships, transports, carries, brings or conveys in interstate or foreign commerce any package containing wild animals or birds, or the dead bodies or parts thereof, without plainly marking, labeling, or tagging such package with the names and addresses of the shipper and consignee and with an accurate statement showing the contents by number and kind; or

Whoever ships, transports, carries, brings or conveys in interstate commerce, any package containing migratory birds included in any convention to which the United States is a party, without marking, labeling, or tagging such package as prescribed in such convention, or Act of Congress, or regulation thereunder; or

Whoever ships, transports, carries, brings or conveys in interstate commerce any package containing furs, hides, or skins of wild animals without plainly marking, labeling, or tagging such package with the names and addresses of the shipper and consignee

Shall be fined not more than $500 or imprisoned not more than six months, or both; and the shipment shall be forfeited. (June 25, 1948, c. 645, 62 Stat. 687.)

HISTORICAL AND REVISION NOTES

Reviser's Note.-Based on Title 18 U.S.C., 1940 ed., §§ 393, 393a, 394 (Mar. 4, 1909, c. 321, §§ 243, 244, 35 Stat. 1137, 1138 [derived from Act May 25, 1900, c. 553, § 4, 31 Stat. 188]; June 15, 1935, c. 261, Title II, §§ 201, 202, 49 Stat. 381; June 19, 1939, c. 209, 53 Stat. 840; 1939 Reorg. Plan No. II, § 4(f), 4 F.R. 2731, 53 Stat. 1433).

This section consolidates sections 393, 393a, and 394 of Title 18, U.S. Code.

The words "interstate or foreign commerce" were substituted for the enumeration of geographical subdivisions of the United States and foreign countries, in view of the definition of interstate or foreign commerce in section 10 of this title. Other provisions of said section 393a of Title 18, are incorporated in sections 43, 3055 and 3112 of Title 18, U.S. Code.

The words "upon conviction thereof" were omitted as surplusage because punishment can be imposed only after conviction.

The punishment provision was modified by reducing the fine of $1,000 to $500 to conform to other sections of this chapter. (See sections 41, 42, and 43 of this title.)

Other changes were made in phraseology to effect the consolidation. 80th Congress House Report No. 304.

2. USE OF AIRCRAFT TO HUNT WILD HORSES OR BURROS

Act of September 8, 1959 (73 Stat. 470; 18 U.S.C. 47)

§ 47. Use of aircraft or motor vehicles to hunt certain wild horses or burros; pollution of watering holes

(a) Whoever uses an aircraft or a motor vehicle to hunt, for the purpose of capturing or killing, any wild unbranded horse, mare, colt, or burro running at large on any of the public land or ranges shall be fined not more than $500, or imprisoned not more than six months, or both.

(b) Whoever pollutes or causes the pollution of any watering hole on any of the public land or ranges for the purpose of trapping, killing, wounding, or maiming any of the animals referred to in subsection (a) of this section shall be fined not more than $500, or imprisoned not more than six months, or both.

(c) As used in subsection (a) of this section

(1) The term "aircraft" means any contrivance used for flight in the air; and

(2) The term "motor vehicle" includes an automobile, automobile truck, automobile wagon, motorcycle, or any other selfpropelled vehicle designed for running on land.

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3. HUNTING, FISHING, OR TRAPPING ON INDIAN LAND

Act of July 12, 1960 (74 Stat. 469; 18 U.S.C. 1165)

§ 1165. Hunting, trapping, or fishing on Indian land

Whoever, without lawful authority or permission, willfully and knowingly goes upon any land that belongs to any Indian or Indian tribe, band, or group and either are held by the United States in trust or are subject to a restriction against alienation imposed by the United States, or upon any lands of the United States that are reserved for Indian use, for the purpose of hunting, trapping, or fishing thereon, or for the removal of game, peltries, or fish therefrom, shall be fined not more than $200 or imprisoned not more than ninety days, or both, and all game, fish, and peltries in his possession shall be forfeited.

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