of fifth par. for a $500 fine or six months imprisonment or both; Subsec. (e) incorporating the provisions of former fifth par. for forfeiture of wild animals or birds, or the dead bodies or parts thereof, or the eggs of such birds, amended to include forfeitures for criminal violations, notification of seizure, and return of property to owner; Subsec. (f), incorporating the substance of existing provisions in pars. (3)-(5); extending coverage in par. (3) beyond wild animals and wild life to include any amphibian, reptile, mollusk, or crustacean, or any part, egg, or offspring thereof, or the dead body or parts thereof, but to exclude migratory birds protected by the Migratory Bird Treaty, as amended; excluding in par. (4) reference to "territory" and substituting "American Samoa, the Virgin Islands, and Guam" for "possession of the United States"; and using in par. (5) the generic "taken" for previously synonymous terms "captured, killed, collected, or otherwise possessed". 1960-Pub. L. 86-702 substituted "Transportation of wildlife taken in violation of State, National, or foreign laws; receipt; making false records" for "Transportation or importation in violation of State, National, or foreign laws" in the catchline, and in the text included shipping by any means, enumerated the forbidden areas as any State, territory, the District of Columbia, Puerto Rico, possessions, or foreign countries, specified mammals or birds of any kind, and their offspring, extended the prohibitions to those imposed by regulations issued pursuant to federal or state law, further included those who receive, acquire, or purchase, knowingly, such prohibited objects, and forbade false labeling or identification of such objects. EFFECTIVE DATE OF 1969 AMENDMENT Amendment by Pub. L. 91-135 effective 180 days after Dec. 5, 1969, see section 11 of Pub. L. 91-135, set out as a note under section 668cc-1 of Title 16, Conservation. CROSS REFERENCES Arrests, see section 3054 of this title, and section 706 of Title 16, Conservation. Preservation of game and wild birds; duties and powers of Secretary of the Interior; regulations as to hunting, see section 701 et seq. of Title 16, Conservation. Search warrants and seizures, see section 3112 of this title, and section 706 of Title 16, Conservation. Unlawful transportation or importation of migratory birds, see sections 705 and 707 of Title 16, Conservation. SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 3054, 3112 of this title. § 44. Marking packages or containers. Whoever ships, transports, carries, brings or conveys in interstate or foreign commerce any package containing any wild mammal, wild bird, amphibian, or reptile, or any mollusk or crustacean, or the dead body or parts of eggs 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 consigneeShall be fined not more than $500 or imprisoned not more than six months, or both; and the shipment shall be forfeited. In any case where the marking, labeling, or tagging of a package under this section indicating in any way the contents thereof would create a significant possibility of theft of the package or its contents, the Secretary of the Interior may, upon request of the owner thereof or his agent or by regulation, provide some other reasonable means of notifying appropriate authorities of the contents of such packages. (June 25, 1948, ch. 645, 62 Stat. 687; Dec. 5, 1969, Pub. L. 91-135, § 8, 83 Stat. 281.) LEGISLATIVE HISTORY Reviser's Note.-Based on title 18, U. S. C., 1940 ed., §§ 393, 393a, 394 (Mar. 4, 1909, ch. 321, §§ 243, 244, 35 Stat. 1137, 1138; June 15, 1935, ch. 261, title II, §§ 201, 202, 49 Stat. 381; June 19, 1939, ch. 209, 53 Stat. 840; 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. C., 1940 ed. 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, U. S. C., 1940 ed., are incorporated in sections 43, 3055 and 3112 of this title. 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. AMENDMENTS 1969-Pub. L. 91-135 extended the protection of the first par., substituting "any wild mammal, wild bird, amphibian, or reptile, or any mollusk or crustacean, or the dead body or parts or eggs thereof" for "wild animals or birds, or the dead bodies or parts thereof," and authorized the Secretary to provide some other reasonable means for persons to notify the appropriate authorities of the contents of packages when it appears that marking, labeling, or tagging of such packages would create a significant possibility of theft of the packages or its contents, respectively. EFFECTIVE DATE OF 1969 AMENDMENT Amendment by Pub. L. 91-135 effective 180 days after Dec. 5, 1969, see section 11 of Pub. L. 91-135, set out as a note under section 668cc-1 of Title 16, Conservation. CROSS REFERENCES Arrests, see section 3054 of this title, and section 706 of Title 16, Conservation. Preservation of game and wild birds; duties and powers of Secretary of the Interior; regulations as to hunting, see section 701 et seq. of Title 16, Conservation. Search warrants and seizures, see section 3112 of this title, and section 706 of Title 16, Conservation. SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 3054, 3112 of this title. § 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 self-propelled vehicle designed for running on land. (Added Pub. L. 86-234, § 1(a), Sept. 8, 1959, 73 Stat. 470.) § 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. (Added Pub. L. 86-634, § 2, July 12, 1960, 74 Stat. 469.) §3054. Officer's powers involving animals and birds. Any employee authorized by the Secretary of the Interior to enforce sections 42, 43, and 44 of this title, and any officer of the customs, may arrest any person who violates section 42 or 44, or who such employee or officer of the customs has probable cause to believe is knowingly and willfully violating section 43, in his presence or view, and may execute any warrant or other process issued by an officer or court of competent jurisdiction to enforce the provisions of said sections. (June 25, 1948, ch. 645, 62 Stat. 817; Dec. 5, 1969, Pub. L. 91-135, § 7(b), 83 Stat. 281.) LEGISLATIVE HISTORY Reviser's Note.-Based on title 18, U. S. C., 1940 ed., 393a (June 15, 1935, ch. 261, title II, § 202, 49 Stat. 381; Reorg. Plan No. II, § 4 (f), 4 F. R. 2731, 53 Stat. 1433). AMENDMENT 1969-Pub. L. 91-135 provided for enforcement of section 42 of this title and substituted "any person who violates section 42 or 44, or who such employee or officer of the customs has probable cause to believe is knowingly and willfully violating section 43," for "any person violating said sections". EFFECTIVE DATE OF 1969 AMENDMENT Amendment by Pub. L. 91-135 effective 180 days after Dec. 5, 1969, see section 11 of Pub. L. 91-135, set out as a note under section 668cc-1 of Title 16, Conservation. § 3112. Search warrants for seizure of animals, birds or eggs. Any employee authorized by the Secretary of the Interior to enforce sections 42, 43, and 44 of this title, and any officer of the customs, shall have authority to execute any warrant to search for and seize any wildlife, product, property, or item used or possessed in connection with a violation of section 42 or 44, or in connection with a knowing and willful violation of section 43, and any such wildlife, product, property, or item so seized shall be held by him or by the United States marshal pending disposition thereof by the court. (June 25, 1948, ch. 645, 62 Stat. 820; Dec. 5, 1969, Pub. L. 91-135, § 7(c), 83 Stat. 281.) LEGISLATIVE HISTORY Reviser's Note.-Based on title 18, U. S. C., 1940 ed., § 393a (June 15, 1935, ch. 261, title II, § 202, 49 Stat. 381; Reorg. Plan No. II, § 4 (f), 4 F. R. 2731, 53 Stat. 1433). Section 393a of title 18, U. S. C., 1940 ed., was incorporated in this section and sections 43, 44, and 3054 of this title. Only such changes of phraseology were made as were necessary to make this section conform with Rule 41 of the Federal Rules of Criminal Procedure. AMENDMENTS 1969-Pub. L. 91-135 provided for enforcement of section 42 of this title and substituted "property used or possessed in connection with a violation of section 42 or 44, or in connection with a knowing and willful violation of section 43," for "property used or possessed in violation of said sections". EFFECTIVE DATE OF 1969 AMENDMENT Amendment by Pub. L. 91-135 effective 180 days after Dec. 5, 1969, see section 11 of Pub. L. 91-135, set out as a note under section 668cc-1 of Title 16, Conservation. 5. Importation of Wild Mammals and Birds § 1527. Importation of wild mammals and birds in vio- (a) Importation prohibited. If the laws or regulations of any country, dependency, province, or other subdivision of government restrict the taking, killing, possession, or exportation to the United States, of any wild mammal or bird, alive or dead, or restrict the exportation to the United States of any part or product of any wild mammal or bird, whether raw or manufactured, no such mammal or bird, or part or product thereof, shall, after the expiration of ninety days after June 17, 1930, be imported into the United States from such country, dependency, province, or other subdivision of government, directly or indirectly, unless accompanied by a certification of the United States consul, for the consular district in which is located the port or place from which such mammal or bird, or part or product thereof, was exported from such country, dependency, province, or other subdivision of government, that such mammal or bird, or part or product thereof, has not been acquired or exported in violation of the laws or regulations of such country, de pendency, province, or other subdivision of government. (b) Forfeiture. Any mammal or bird, alive or dead, or any part or product thereof, whether raw or manufactured, imported into the United States in violation of the provisions of the preceding subdivision shall be subject to seizure and forfeiture under the customs laws. Any such article so forfeited may, in the discretion of the Secretary of the Treasury and under such regulations as he may prescribe, be placed with the departments or bureaus of the Federal or State Governments, or with societies or museums, for exhibition or scientific or educational purposes, or destroyed, or (except in the case of heads or horns of wild mammals) sold in the manner provided by law. (c) Section not to apply in certain cases. The provisions of this section shall not apply in the case of (1) Prohibited importations. Articles the importation of which is prohibited under the provisions of this chapter, or of section 391 of Title 18, or of any other law; (2) Scientific or educational purposes. Wild mammals or birds, alive or dead, or parts or products thereof, whether raw or manufactured, imported for scientific or educational purposes; (3) Certain migratory game birds. Migratory game birds (for which an open season is provided by the laws of the United States and any foreign country which is a party to a treaty with the United States, in effect on the date of importation, relating to the protection of such migratory gaine birds) brought into the United States by bona fide sportsmen returning from hunting trips in such country, if at the time of importation the possession of such birds is not prohibited by the laws of such country or of the United States. (June 17, 1930, ch. 497, title IV, § 527, 46 Stat. 741.) REFERENCES IN TEXT Section 391 of Title 18, referred to in subsec. (c) (1), was repealed by act June 25, 1948, ch. 645, § 21, 62 Stat. 862, eff. Sept. 1, 1948, and is now covered by section 42 of Title 18, Crimes and Criminal Procedure. SECTION REFERRED TO IN OTHER SECTIONS 7. Wildlife Control Program § 426. Predatory and other wild animals; eradication The Secretary of Agriculture is authorized and directed to conduct such investigations, experiments, and tests as he may deem necessary in order to determine, demonstrate, and promulgate the best methods of eradication, suppression, or bringing under control on national forests and other areas of the public domain as well as on State, Territory, or privately owned lands of mountain lions, wolves, coyotes, bobcats, prairie dogs, gophers, ground squirrels, jack rabbits, and other animals injurious to agriculture, horticulture, forestry, animal husbandry, wild game animals, fur-bearing animals, and birds, and for the protection of stock and other domestic animals through the suppression of rabies and tularemia in predatory or other wild animals; and to conduct campaigns for the destruction or control of such animals: Provided, That in carrying out the provisions of this section the Secretary of Agriculture may cooperate with States, individuals, and public and private agencies, organizations, and institutions. (Mar. 2, 1931, ch. 370, § 1, 46 Stat. 1468.) TRANSFER OF FUNCTIONS Functions of Secretary of Agriculture administered through the Bureau of Biological Survey, relating to conservation of wildlife, game, and migratory birds were transferred to Secretary of Interior by 1939 Reorg. Plan No. II, § 4 (f), eff. July 1, 1939, set out in the Appendix to Title 5, Government Organization and Employees. See also sections 401-404 of said plan for provisions relating to transfer of functions, records, property, personnel, and funds. SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 426b of this title. § 426a. Same; appropriations. CODIFICATION Section, act Mar. 2, 1931, ch. 370, § 2, 46 Stat. 1469, related to authorization of $1,000,000, per year for fiscal years 1932-1941, inclusive. § 426b. Same; expenditures; execution of functions by Secretary. The Secretary of Agriculture is authorized to make such expenditures for equipment, supplies, and materials, including the employment of persons and means in the District of Columbia and elsewhere, and to employ such means as may be necessary to execute the functions imposed upon him by section 426 of this title. (Mar. 2, 1931, ch. 370, § 3. 46 Stat. 1469.) |