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a stamp has been sold under this Act shall upon request exhibit such stamp for inspection to any officer or employee of the Department of Agriculture authorized to enforce the provisions of this Act or to any officer of any State or any political subdivision thereof authorized to enforce game laws. (Mar. 16, 1934, sec. 1, 48 Stat 451; June 15, 1935, sec. 1, Public 148, 74th Cong., 16 U. S. C., sec. 718a.)

1193. Stamps to be issued by Post Office Department and attached to game license.—That the stamps required by this Act shall be issued and sold by the Post Office Department under regulations prescribed by the Postmaster General: Provided, That the stamps shall be sold at all post offices of the first- and second-class and at such others as the Postmaster General shall direct. For each such stamp sold under the provisions of this Act there shall be collected by the Post Office Department the sum of $1. No such stamp shall be valid under any circumstances to authorize the taking of migratory waterfowl except in compliance with Federal and State laws and regulations, and then only when the person so taking such waterfowl shall himself have written his signature in ink across the face of the stamp prior to such taking. Each such stamp shall expire and be void after the 30th day of June next succeeding its issuance, and all such stamps remaining unsold by the Post Office Department at the expiration of said June 30 shall be destroyed by said Department. No stamp sold under this Act shall be redeemable by said Department in cash or in kind. (Mar. 16, 1934, sec. 2, 48 Stat. 451; June 15, 1934, sec. 2, Public 148, 74th Cong., 16 U.S.C., sec. 718b.)

1194. Limitations of act.-Nothing in this Act shall be construed to authorize any person to take any migratory waterfowl otherwise than in accordance with regulations adopted and approved pursuant to any treaty heretofore or hereafter entered into between the United States and any other country for the protection of migratory birds, nor to exempt any person from complying with the game laws of the several States. (Mar. 16, 1934, sec. 3, 48 Stat. 451; 16 U. S. C., sec. 718c.)

1195. Disposition of moneys received. All moneys received for such stamps shall be accounted for by the Post Office Department and paid into the Treasury of the United States, and shall be reserved and set aside as a special fund to be known as the migratory bird conservation fund, to be administered by the Secretary of Agriculture. All moneys received into such fund are hereby appropriated for the following objects and shall be available therefor until expended :

(a) Not less than 90 per centum shall be available for the location, ascertainment, acquisition, administration, maintenance, and development of suitable areas for inviolate migratory-bird sanctuaries, under the provisions of the Migratory Bird Conservation Act [16 U. S. C., secs. 715–715n], to be expended for such purposes in all respects as moneys appropriated pursuant to the provisions of such Act: for the administration, maintenance, and development of other refuges under the administration of the Secretary of Agriculture, frequented by migratory game birds; and for such investigations on such refuges and elsewhere in regard to migratory waterfowl as the Secretary of Agriculture may deem essential for the highest utilization of the refuges and for the protection and increase of these birds.

(b) The remainder shall be available for expenses in executing this Act, the Migratory Bird Conservation Act [16 U.S. C., secs. 715 715r), the Migratory Bird Treaty Act [16 U. S. C., secs. 703–711], and any other Act to carry into effect any treaty for the protection of migratory birds, including personal services in the District of Columbia and elsewhere, and also including advance allotments to be made by the Secretary of Agriculture to the Post Office Department at such times and in such amounts as may be mutually agreed upon by the Secretary of Agriculture and the Postmaster General for direct expenditure by the Post Office Department for engraving, printing, issuing, selling, and accounting for migratory bird hunting stamps and moneys received from the sale thereof, personal services in the District of Columbia and elsewhere, and for such other expenses as may be necessary in executing the duties and functions required of the Postal Service by this Act: Provided, That the protection of said inviolate migratory-bird sanctuaries shall be, so far as possible, under section 17 of the Migratory Bird Conservation Act of February 18, 1929 [16 U. S. C., sec. 715p]. (Mar. 16, 1934, sec. 4, 48 Stat. 451; June 15, 1935, secs. 3, 4, Public 148, 74th Cong.; 16 U.S.C., sec. 718d.)

1196. Altering or imitating stamps or imitating die plate, or engraving made unlawful.-(a) That no person to whom has been sold a migratory-bird hunting stamp, validated as provided in section 1 of this Act (16 U. S. C., sec. 718a), shall loan or transfer such stamp to any person during the period of its validity; nor shall any person other than the person validating such stamp use it for any purpose during such period.

(b) That no person shall alter, mutilate, imitate, or counterfeit any stamp authorized by this Act, or imitate or counterfeit any die, plate, or engraving therefor, or make, print, or knowingly use, sell, or have in his possession any such counterfeit, die, plate, or engraving. (Mar. 16, 1934, sec. 5, 48 Stat. 452; June 15, 1935, sec. 5, Public 148, 74th Cong., 16 U. S. C., sec. 718e.)

1197. Persons authorized to enforce provisions of act. For the efficient execution of this Act, the judges of the several courts, established under the laws of the United States, United States commissioners, and persons appointed by the Secretary of Agriculture to enforce the provisions of this Act, shall have, with respect thereto, like powers and duties as are conferred upon said judges, commissioners, and employees of the Department of Agriculture by the Migratory Bird Treaty Act [16 U. S. C., secs. 703–711] or any other Act to carry into effect any treaty for the protection of migratory birds with respect to that Act. Any bird or part thereof taken or possessed contrary to such Acts shall, when seized, be disposed of as provided by the Migratory Bird Treaty Act, or Acts aforesaid. (Mar. 16, 1934, sec. 6, 48 Stat. 452; 16 U. S. C., sec. 718f.)

1198. Penalty for violation of act.-Any person who shall violate any provision of this Act or who shall violate or fail to comply with any regulation made pursuant thereto shall be subjout to the penalties provided in section 6 of the Migratory Bird Treaty Act [16 U. S. C., sec. 707]. (Mar. 16, 1934, sec. 7, 48 Stat. 452; 16 U. S.C., sec. 718g.)

1199. Cooperation with States and Territories.—The Secretary of Agriculture is authorized to cooperate with the several States and Territories in the enforcement of the provisions of this Act. (Mar. 16, 1934, sec. 8, 48 Stat. 452; 16 U. S. C., sec. 718h.)

1200. Definitions.-(a) Terms defined in the Migratory Bird Treaty Act (16 U. S.C., secs. 703–711), or the Migratory Bird Conservation Act [16 U.S.C., secs. 715–715r], shall, when used in this Act, have the meaning assigned to such terms in such Acts, respectively.

(b) As used in this Act (1) the term “ migratory waterfowl means the species enumerated 'in paragraph (a) of subdivision 1 of article I of the treaty between the United States and Great Britain for the protection of migratory birds concluded August 16, 1916; (2) the term "State" includes the several States and Territories of the United States and the District of Columbia; and (3) the term "take" means pursue, hunt, shoot, capture, collect, kìll, or attempt to pursue, hunt, shoot, capture, collect, or kill. (Mar. 16, 1934, sec. 9, 16 U.S.C., sec. 718.)

UPPER MISSISSIPPI RIVER WILDLIFE AND FISH REFUGE

1201. Upper Mississippi River Wildlife and Fish Refuge; citation.That this Act may be cited as "The Upper Mississippi River Wild Life and Fish Refuge Act.” (June 7, 1924, sec. 1, 43 Stat. 650; 16 U. S. C., sec. 721.)

1202. Same; acquisition of land and water for.The Secretary of Agriculture is authorized to acquire, by purchase, gift, or lease, such areas of land, or of land and water, situated between Rock Island, Illinois, and Wabasha, Minnesota, on either side of or upon islands in the Mississippi River which are not used for agricultural purposes, as he determines suitable for the purposes of this Act. (June 7, 1924, sec. 2, 43 Stat. 650; June 18, 1934, 48 Stat. 1015; 16 Ù. S. C., sec. 722.)

1203. Same; purposes; regulations.—Any such area, when acquired in accordance with the provisions of this Act, shall become a part of the Upper Mississippi River Wild Life and Fish Refuge (hereinafter in this Act referred to as the “refuge”). The refuge shall, be established and maintained (a) as a refuge and breeding place for migratory birds included in the terms of the convention between the United States and Great Britain for the protection of migratory birds, concluded August 16, 1916, and (b) to such extent as the Secretary of Agriculture may by regulations prescribe, as a refuge and breeding place for other wild birds, game animals, fur-bearing animals, and for the conservation of wild flowers and aquatic plants, and (c) to such extent as the Secretary of Commerce may by regulations prescribe as a refuge and breeding place for fish and other aquatic animal life. (June 7, 1924, sec. 3, 43 Stat. 650; 16 U. S. C., sec. 723.)

1204. Same; consent of States to acquisition; existing rights-of-way(a) No such area shall be acquired by the Secretary of Agriculture until the legislature of each State in which is situated any part of the areas to be acquired under this Act has consented to the acquisition of such part by the United States for the purposes of this Act, and, except in the case of a lease, no payment shall be made by the United States for any such area until title thereto is satisfactory to the Attorney General and is vested in the United States.

(b) The existence of a right-of-way, easement, or other reservation or exception in respect of such area shall not be a bar to its acquisition (1) if the Secretary of Agriculture determines that any such reservation or exception will in no manner interfere with the use of the area for the purposes of this Act, or (2) if in the deed or other conveyance it is stipulated that any reservation or exception in respect of such area, in favor of the person from whom the United States receives title, shall be subject to regulations prescribed under authority of this Act. (June 7, 1924, sec. 4, 43 Stat. 650; 16 U. S. C., sec. 724.)

1205. Same; joint regulations.-Except where it is specifically provided otherwise, the Secretary of Agriculture and the Secretary of Commerce shall jointly prescribe such regulations, exercise such functions, and perform such duties as may be necessary to carry out the purposes of this Act. (June 7, 1924, sec. 5, 43 Stat. 651; 16 U.S. C., sec. 725.)

1206. Same; acts prohibited in refuge.—No person shall, except in accordance with regulations prescribed by the Secretary of Agriculture in respect of wild birds, game animals, fur-bearing animals, wild flowers, and aquatic plants, or by the Secretary of Commerce in respect of fish and other aquatic-animal life

(a) Enter the refuge for any purpose; or

(b) Disturb, injure, kill, or remove, or attempt to disturb, injure, kilì, or remove any wild bird, game animal, fur-bearing animal, fish or other aquatic-animal life on the refuge; or

(c) Remove from the refuge, or injure or destroy thereon any flower, plant, tree, or other natural growth, or the nest or egg of any wild bird; or

(d) Injure or destroy any notice, sign board, fence, building, or other property of the United States thereon. (June 7, 1924, sec. 6, 43 Stat. 651; 16 U. S. C., sec. 726.)

1207. Commercial fishing.–Commercial fishing may be conducted in the waters of this refuge under regulation by the Secretary of Commerce. (June 7, 1924, sec. 7, 43 Stat. 651; 16 U.S. C., sec. 726.)

1208. Same; powers of employees of Departments of Agriculture and Commerce; searches and seizures.-(a) Any employee of the Department of Agriculture authorized by the Secretary of Agriculture to enforce the provisions of this Act, and any employee of the Department of Commerce so authorized by the Secretary of Commerce (1) shall have power, without warrant, to arrest any person committing in the presence of such employee a violation of this Act or of any regulation made pursuant to this Act, and to take such person immediately for examination or trial before an officer or court of competent jurisdiction, (2) shall have power to execute any warrant or other process issued by an officer or court of competent jurisdiction to enforce the provisions of this Act or regulations made pursuant thereto, and (3) shall have authority, with a search warrant issued by an officer or court of competent jurisdiction to make a search in accordance with the terms of such warrant. Any judge of a court established under the laws of the United States, or any United States commissioner may, within his respective jurisdiction, upon proper oath or affirmation showing probable cause, issue warrants in all such cases.

(b) All birds, animals, fish, or parts thereof captured, injured, or killed, and all flowers, plants, trees, and other natural growths, and nests and eggs of birds removed, and all implements or parapher, nalia, including guns, fishing equipment, and boats used or attempted to be used contrary to the provisions of this Act or any regulations made pursuant thereto, shall, when found by such employee or by any marshal or deputy marshal, be summarily seized by him and placed in the custody of such persons as the Secretary of Agriculture and the Secretary of Commerce may jointly by regulation prescribe.

(c) A report of the seizure shall be made to the United States attorney for the judicial district in which the seizure is made, for forfeiture either (1) upon conviction of the offender under section 11 (16 U. S. C., sec. 730), or (2) by proceedings by libel in rem. Such libel proceedings shall conform as near as may be to civil suits in admiralty, except that either party may demand trial by jury upon any issue of fact when the value in controversy exceeds $20. In case of a jury trial the verdict of the jury shall have the same effect as the finding of the court upon the facts. Libel proceedings shall be at the suit and in the name of the United States. If such forfeiture proceedings are not instituted within a reasonable time, the United States attorney shall give notice thereof, and the custodian shall thereupon release the articles seized. (June 7, 1924, sec. 8, 43 Stat. 651; 16 U.S. C., sec 727.)

1209. Same; expenditures.-(a) The Secretary of Agriculture and the Secretary of Commerce are authorized to make such expenditures for construction, equipment, maintenance, repairs, and improvements, including expenditures for personal services at the seat of government and elsewhere, as may be necessary to execute the functions imposed upon them by this Act and as may be provided for by Congress from time to time.

(b) For such expenditures there is hereby authorized to be appropriated, out of any money in the Treasury not otherwise appropriated, the sum of $50,000, to be available until expended, $25,000 of such sum to be available for expenditure by the Secretary of Agriculture and $25,000 by the Secretary of Commerce. (June 7, 1924, sec. 9, 43 Stat. 651; 16 U.S. C., sec. 728.)

1210. Same; price per acre.—There is hereby authorized to be appropriated, out of any money in the Treasury not otherwise appropriated, and to be available until expended, the sum of $1,500,000, or so much thereof as may be necessary for the acquisition of any areas authorized by this Act to be acquired for such refuge and for all necessary expense incident to the acquisition of such areas: Provided, That the Secretary of Agriculture shall not pay for any land or land and water a price which shall exceed an average cost of $10 per acre: Provided further, That this provision shall not apply to any land or land and water heretofore acquired or contracted for under the provisions of this Act. (June 7, 1924, sec. 10, 43 Stat. 651; Mar. 4, 1925, 43 Stat. 1354; May 12, 1928, 45 Stat. 502; 16 U. S. C., sec. 729.)

1211. Same; violations of law or regulations.—Any person who shall violate or fail to comply with any provision of or 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

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