86th Congress, S. 2576 AN ACT 74 STAT. 577. To authorize the addition of certain donated lands to the Everglades National l'ark. lands. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Secretary Everglades of the Interior is authorized to accept for Everglades National Park National Park. purposes, title to approximately 1,160 acres of land and submerged Additional land lying within sections 25, 26, and 36 of township 53 south, range 29 east, and section 30, township 53 south, range 30 east, Tallahassee meridian, and being a portion of the land and submerged land donated and conveyed by three Collier deeds in 1951 and 1952 to the trustees of the internal improvement fund of the State of Florida for subsequent inclusion in the Everglades National Park. Such three Collier deeds are dated December 12, 1951, December 26, 1951, and March 21, 1952, and are recorded in deed book 22, page 240, deed book 22, page 244, and deed book 39, page 25, respectively, in Collier County, Florida. The aforesaid land and submerged land shall be subject to the reservations set forth in the aforementioned Collier deeds for public utility easements and rights-of-way of the public with respect to Indian Key Channel, and also to a public right-of-way for the State highway or causeway from Everglades City to Chokoloskee Island. SEC. 2. All lands and submerged lands title to which is accepted by the Secretary of the Interior pursuant to the provisions of this Act shall, upon the acceptance of title thereto, become parts of the Everglades National Park and shall be subject to all laws and regulations applicable thereto. Approved September 2, 1960. (506) 86th Congress, H. R. 10598 AN ACT To clarify certain provisions of the Criminal Code relating to the importation or shipment of injurious mammals, birds, amphibians, fish, and reptiles (18 U.S.C. 42(a), 42(b)); and relating to the transportation or receipt of wild mammals or birds taken in violation of State, National, or foreign laws (18 U.S.C. 43), and for other purposes. 63 Stat. 89. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That sections 42(a) Crimes. and 42 (b), title 18, United States Code, are amended to read as follows: Amendment. "§ 42. Importation or shipment of injurious mammals, birds, fish (including mollusks and crustacea), amphibia, and reptiles; permits, specimens for museums; regulations "(a) (1) The importation into the United States, any territory of Importation of the United States, the District of Columbia, the Commonwealth of injurious Puerto Rico, or any possession of the United States, or any shipment mammals, etc. 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 mammals, 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 74 STAT. 753. the wildlife resources of the United States, is hereby prohibited. All 74 STAT. 754. such prohibited mammals, birds, fish (including mollusks and crustacea), amphibians, and reptiles, and the eggs or offspring therefrom, shall be promptly exported or destroyed at the expense of the importer or consignee. Nothing in this section shall be construed to repeal or modify any provision 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. 58 Stat. 682. 42 USC 201 note. 52 Stat. 1040. 21 USC 301. 1 Stat. 31. 7 USC 150aa note. "(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 Definitions. 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, Exceptions. 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 In- Enforcement. terior shall enforce the provisions of this subsection, including any Penalties. 62 Stat. 687. Transportation of wildlife in violation of laws. 74 STAT. 754. 74 STAT. 755. 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." SEC. 2. That the first four paragraphs of section 43, title 18, United States Code, are amended to read as follows: "§ 43. Transportation, of wildlife taken in violation of State, National, or foreign laws; receipt; making false records "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". Approved September 2, 1960. 86th Congress, S. 1781 AN ACT 74 STAT. 733. To facilitate cooperation between the Federal Government, colleges and universities, the States, and private organizations for cooperative unit programs of research and education relating to fish and wildlife, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That, for the pur- Fish and Wildpose of developing adequate, coordinated, cooperative research and life. training programs for fish and wildlife resources, the Secretary of Cooperative unit the Interior is authorized to continue to enter into cooperative agree- programs. ments with colleges and universities, with game and fish departments of the several States, and with nonprofit organizations relating to cooperative research units: Provided, That Federal participation in the conduct of such cooperative unit programs shall be limited to the assignment of Department of the Interior technical personnel by the Secretary to serve at the respective units, to supply for the use of the particular units' operations such equipment as may be available to the Secretary for such purposes, and the payment of incidental expenses of Federal personnel and employees of cooperating agencies assigned to the units. SEC. 2. There is authorized to be appropriated such sums as may be Appropriation. necessary to carry out the purposes of this Act. Approved September 2, 1960. (509) To amend the Migratory Bird Treaty Act to increase the penalties for violation of that Act, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 6 Migratory Bird of the Migratory Bird Treaty Act (16 U.S.C. 707) is amended to read Treaty Act, as follows: amendment. Penalties in crease. "SEC. 6. (a) Except as otherwise provided in this section, any person, association, partnership, or corporation who shall violate any 40 Stat. 756. provisions of said conventions or of this Act, or who shall violate or fail to comply with any regulation made pursuant to this Act shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined not more than $500 or be imprisoned not more than six months, or both. "(b) Whoever, in violation of this Act, shall "(1) take by any manner whatsoever any migratory bird with intent to sell, offer to sell, barter or offer to barter such bird, or "(2) sell, offer for sale, barter or offer to barter, any migratory bird shall be guilty of a felony and shall be fined not more than $2,000 or imprisoned not more than two years, or both. "(c) All guns, traps, nets and other equipment, vessels, vehicles, and other means of transportation used by any person when engaged in pursuing, hunting, taking, trapping, ensnaring, capturing, killing, or attempting to take, capture, or kill any migratory bird in violation of this Act with the intent to offer for sale, or sell, or offer for barter, or barter such bird in violation of this Act shall be forfeited to the United States and may be seized and held pending the prosecution of any person arrested for violating this Act and upon conviction for such violation, such forfeiture shall be adjudicated as a penalty in addition to any other provided for violation of this Act. Such forfeited property shall be disposed of and accounted for by, and under the authority of, the Secretary of the Interior." Approved September 8, 1960. (510) |