and that nothing in said sections shall be construed to prohibit possession or transportation of any golden eagle, alive or dead, or any part, nest, or egg thereof, lawfully taken prior to the addition to said setions of the provisions relating to preservation of the golden eagle.

(b) Civil penalties.

Whoever, within the United States or any place subject to the jurisdiction thereof, without being permitted to do so as provided in sections 668 to 668d of this title, shall take, possess, sell, purchase, barter, offer to sell, purchase or barter, transport, export or import, at any time or in any manner, any bald eagle, commonly known as the American eagle, or any golden eagle, alive or dead, or any part, nest, or egg thereof of the foregoing eagles, or whoever violates any permit or regulation issued pursuant to sections 668 to 668d of this title, may be assessed a civil penalty by the Secretary of not more than $5,000 for each such violation. Each violation shall be a separate offense. No penalty shall be assessed unless such person is given notice and opportunity for a hearing with respect to such violation. In determining the amount of the penalty, the gravity of the violation, and the demonstrated good faith of the person charged shall be considered by the Secretary. For good cause shown, the Secretary may remit or mitigate any such penalty. Upon any failure to pay the penalty assessed under this section, the Secretary may request the Attorney General to institute a civil action in a district court of the United States for any district in which such person is found or resides or transacts business to collect the penalty and such court shall have jurisdiction to hear and decide any such action. In hearing any such action, the court must sustain the Secretary's action if supported by substantial evidence.

(c) Cancellation of grazing agreements.

The head of any Federal agency who has issued a lease, license, permit, or other agreement authorizing the grazing of domestic livestock on Federal lands to any person who is convicted of a violation of sections 668 to 668d of this title or of any permit or regulation issued hereunder may immediately cancel each such lease, license, permit, or other agreement. The United States shall not be liable for the payment of any compensation, reimbursement, or damages in connection with the cancellation of any lease, license, permit, or other agreement pursuant to this section. (As amended Oct. 23, 1972, Pub. L. 92-535, § 1, 86 Stat. 1064.)

AMENDMENTS

1972-Subsec. (a). Pub. L. 92-535, § 1(1)-(3), designated existing provisions as subsec. (a) and, in subsec. (a) as so designated, substituted "shall knowingly or with wanton disregard for the consequences of his act take" for "shall take", increased the fine and imprisonment terms from $500 or six months to $5,000 or one year, and added provisions that a second conviction carry a penalty of $10,000 fine or imprisonment of not more than two years, that each taking constitute a separate offense, and that inforcers be rewarded one-half of the fine not exceeding $2,500.

Subsecs. (b), (c). Pub. L. 92-535, § 1(4), added subsecs. (b) and (c).

§ 668a. Same; taking and using for scientific, exhibition and religious purposes.

Whenever, after investigation, the Secretary of the Interior shall determine that it is compatible with the preservation of the bald eagle or the golden eagle to permit the taking, possession, and transportation of specimens thereof for the scientific or exhibition purposes of public museums, scientific societies, and zoological parks, or for the religious purposes of Indian tribes, or that it is necessary to permit the taking of such eagles for the protection of wildlife or of agricultural or other interests in any particular locality, he may authorize the taking of such eagles pursuant to regulations which he is hereby authorized to prescribe: Provided, That on request of the Governor of any State, the Secretary of the Interior shall authorize the taking of golden eagles for the purpose of seasonally protecting domesticated flocks and herds in such State, in accordance with regulations established under the provisions of this section, in such part or parts of such State and for such periods as the Secretary determines to be necessary to protect such interests: Provided further, That bald eagles may not be taken for any purpose unless, prior to such taking, a permit to do so is procured from the Secretary of the Interior: Provided further, That the Secretary of the Interior, pursuant to such regulations as he may prescribe, may permit the taking, possession, and transportation of golden eagles for the purposes of falconry, except that only golden eagles which would be taken because of depredations on livestock or wildlife may be taken for purposes of falconry. (As amended Oct. 23, 1972, Pub. L. 92-535, § 2, 86 Stat. 1065.)

AMENDMENTS

1972-Pub. L. 92-535 added proviso that the Secretary of the Interior may permit the taking, possession and transportation of golden eagles for the purposes of falconry with exception that only golden eagles that cause depredations on livestock and wildlife may be taken for falconry. § 668b. Same; enforcement.

(a) Arrest; search; issuance and execution of warrants and process.

Any employee of the Department of the Interior authorized by the Secretary of the Interior to enforce the provisions of sections 668 to 668d of this title may, without warrant, arrest any person committing in his presence or view a violation of sections 668 to 668d of this title or of any permit or regulations issued hereunder and take such person immediately for examination or trial before an officer or court of competent jurisdiction; may execute any warrant or other process issued by an officer or court of competent jurisdiction for the enforcement of the provisions of sections 668 to 668d of this title; and may, with or without a warrant, as authorized by law, search any place. The Secretary of the Interior is authorized to enter into cooperative agreements with State fish and wildlife agencies or other appropriate State authorities to facilitate enforcement of sections 668 to 668d of this title, and by said agreements to delegate such enforcement authority to State law enforcement personnel as he deems appropriate for

effective enforcement of sections 668 to 668d of this title. Any judge of any court established under the laws of the United States, and any United States commissioner may, within his respective jurisdiction, upon proper oath or affirmation showing probable cause, issue warrants in all such cases.

(b) Forfeiture.

All bald or golden eagles, or parts, nests, or eggs thereof, taken, possessed, sold, purchased, bartered, offered for sale, purchase, or barter, transported, exported, or imported contrary to the provisions of sections 668 to 668d of this title, or of any permit or regulation issued hereunder, and all guns, traps, nets, and other equipment, vessels, vehicles, aircraft, and other means of transportation used to aid in the taking, possessing, selling, purchasing, bartering, offering for sale, purchase, or barter, transporting, exporting, or importing of any bird, or part, nest, or egg thereof, in violation of sections 668 to 668d of this title or of any permit or regulation issued hereunder shall be subject to forfeiture to the United States.

(c) Customs laws applied.

All provisions of law relating to the seizure, forfeiture, and condemnation of a vessel for violation of the customs laws, the disposition of such vessel or the proceeds from the sale thereof, and the remission or mitigation of such forfeitures, shall apply to the seizures and forfeitures incurred, or alleged to have been incurred, under the provisions of sections 668 to 668d of this title, insofar as such provisions of law are applicable and not inconsistent with the provisions of sections 668 to 668d of this title: Provided, That all powers, rights, and duties conferred or imposed by the customs laws upon any officer or employee of the Treasury Department shall, for the purposes of sections 668 to 668d of this title, be exercised or performed by the Secretary of the Interior or by such persons as he may designate. (As amended Oct. 23, 1972, Pub. L. 92-535, § 3, 86 Stat. 1065.)

AMENDMENTS

1972-Pub. L. 92-535 substituted provisions relating to the enforcement of section 668 to 668d of this title including arrest, without warrant, issuance and execution of warrants and process, search, forfeiture, and applicability of certain customs laws, for provisions incorporating provisions of section 706 in haec verba.

§ 668c. Same; definitions.

As used in sections 668 to 668d of this title "whoever" includes also associations, partnerships, and corporations; "take" includes also pursue, shoot, shoot at, poison, wound, kill, capture, trap, collect, molest or disturb; "transport" includes also ship, convey, carry, or transport by any means whatever, and deliver or receive or cause to be delivered or received for such shipment, conveyance, carriage, or transportation. (As amended Oct. 23, 1972, Pub. L. 92-535, § 4, 86 Stat. 1065.)

AMENDMENTS

1972-Pub. L. 92-535 substituted "poison, wound, kill, capture, trap, collect, molest" for "wound, kill, capture, trap, collect, or otherwise willfully molest".

§ 668ff. San Francisco Bay National Wildlife Refuge; establishment and designation.

For the preservation and enhancement of highly significant wildlife habitat in the area known as south San Francisco Bay in the State of California, for the protection of migatory waterfowl and other wildlife, including species known to be threatened with extinction, and to provide an opportunity for wildlife-oriented recreation and nature study within the open space so preserved, the Secretary of the Interior (hereinafter referred to as the "Secretary") is authorized and directed to establish, as herein provided, a national wildlife refuge to be known as the San Francisco Bay National Wildlife Refuge (hereinafter referred to as the "refuge"). (Pub. L. 92-330, §1, June 30, 1972, 86 Stat. 399.)

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 668hh, 668jj of this title.

§ 668gg. Same; description.

There shall be included within the boundaries of the refuge those lands, marshes, tidal flats, salt ponds, submerged lands, and open waters in the south San Francisco Bay area generally depicted on the map entitled "Boundary Map, Proposed San Francisco Bay National Wildlife Refuge", dated July 1971, and which comprise approximately twenty-one thousand six hundred and sixty-two acres within four distinct units to be known as Fremont (five thousand five hundred and twenty acres), Mowry Slough (seven thousand one hundred and

seventy-five acres), Alviso (three thousand and eighty acres), and Greco Island (five thousand eight hundred and eighty-seven acres). Said boundary map shall be on file and available for public inspection in the offices of the Bureau of Sport Fisheries and Wildlife, Department of the Interior. (Pub. L. 92-330, § 2, June 30, 1972, 86 Stat. 399.)

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 668hh, 668jj of this title.

§ 668hh. Same; establishment of area; publication in Federal Register; corrections in boundaries; maximum area; administration by Secretary. (a) The Secretary shall establish the refuge by publication of a notice to that effect in the Federal Register at such time as he determines that lands, waters, and interests therein sufficient to constitute an efficiently administrable refuge have been acquired for administration in accordance with the purposes of sections 668ff to 668jj of this title. The Secretary may from time to time make corrections in the boundaries of the refuge, but the total area within the boundaries shall not exceed twentythree thousand acres of land, marshes, tidal flats, salt ponds, submerged lands, and open waters.

(b) Prior to the establishment of the refuge and thereafter, the Secretary shall administer the lands, waters, and interests therein acquired for the refuge in accordance with the provisions of sections 668dd and 668ee of this title; except that the Secretary may utilize such additional statutory authority as may be available to him for the conservation and management of wildlife and natural resources, the development of outdoor recreation opportunities, and interpretive education as he deems appropriate to carry out the purposes of sections 668ff to 668jj of this title. (Pub. L. 92-330, § 3, June 30, 1972, 86 Stat. 399.)

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 668jj of this title. § 668ii. Same acquisition by Secretary of lands and waters or interests therein.

The Secretary may acquire lands and waters or interests therein within the boundaries of the refuge by donation, purchase with donated or appropriated funds, or exchange: Provided, however, That lands, waters, and interests therein owned by the State of California or any political subdivision thereof may be acquired only by donation. (Pub. L. 92-330, § 4, June 30, 1972, 86 Stat. 399.)

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 668hh, 668jj of this title.

§ 668jj. Same; authorization of appropriations.

There are authorized to be appropriated such sums as may be necessary to carry out the provisions of sections 668ff to 668jj of this title for the period beginning July 1, 1972, and ending June 30, 1977, not to exceed, however, $9,000,000 for the acquisition of lands and interests therein as authorized by section 668ii of this title, and not to exceed $11,300,000 for the carrying out of the other provisions of sections 668ff to 668jj of this title. (Pub. L. 92-330, §5, June 30, 1972, 86 Stat. 400.)

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 668hh of this title.

Chapter 5B.-WILDLIFE RESTORATION

§ 669b. Appropriations; disposition of unexpended funds.

An amount equal to all revenues accruing each fiscal year (beginning with the fiscal year 1975) from any tax imposed on specified articles by sections 4161 (b) and 4181 of the Internal Revenue Code of 1954, shall, subject to the exemptions in section 4182 of such Code, be covered into the Federal aid to wildlife restoration fund in the Treasury (hereinafter referred to as the "fund") and is authorized to be appropriated and made available until expended to carry out the purposes of this chapter. (As amended Oct. 25, 1972, Pub. L. 92–558, title I, § 101(a), 86 Stat. 1172.)

REFERENCES IN TEXT

Section 4161 (b), 4181 and 4182 of the Internal Revenue Code of 1954, referred to in text, are sections 4161 (b), 4181 and 4182 of Title 26, Internal Revenue Code.

AMENDMENTS

1972-Pub. L. 92-558 substituted "(beginning with the fiscal year 1975)" for "(beginning with the fiscal year 1971)" and added reference to section 4161 (b) of the Internal Revenue Code of 1954.

EFFECTIVE DATE OF 1972 AMENDMENT

Section 101 (c) of Pub. L. 92-558 provided that: "The amendments made by subsections (a) [amending this section] and (b) [amending subsec. (b) of section 669c of this title] of this section shall take effect July 1, 1974.” § 669c. Apportionment of funds; expenses of Secretary.

(b) One-half of the revenues accruing to the fund under this chapter each fiscal year (beginning with the fiscal year 1975) from any tax imposed on pistols, revolvers, bows, and arrows shall be apportioned among the States in proportion to the ratio that the population of each State bears to the population of all the States: Provided, That each State shall be apportioned not more than 3 per centum and not less than 1 per centum of such revenues. For the purpose of this subsection, population shall be determined on the basis of the latest decennial census for which figures are available, as certified by the Secretary of Commerce. (As amended Oct. 25, 1972, Pub. L. 92-558, title I, § 101(b), 86 Stat. 1172.)

AMENDMENTS

1972 Subsec. (b). Pub. L. 92-558 substituted "(beginning with the fiscal year 1975)" for "(beginning with the fiscal year 1971)" and "pistols, revolvers, bows, and arrows" for "pistols and revolvers".

EFFECTIVE DATE OF 1972 AMENDMENT Amendment of subsec. (b) of this section by Pub. L. 92-558 effective July 1, 1974, see section 101 (c) of Pub. L. 92-558, set out as a note under section 669b of this title.

§ 669g. Maintenance of projects; expenditures for management of wildlife, areas and resources.

(b) Each State may use the funds apportioned to it under section 669c (b) of this title to pay up to 75 per centum of the costs of a hunter safety program and the construction, operation, and maintenance of public target ranges, as a part of such program. The non-Federal share of such costs may be derived from

license fees paid by hunters, but not from other Federal grant programs. The Secretary shall issue not later than the 120th day after the effective date of this subsection such regulations as he deems advisable relative to the criteria for the establishment of hunter safety programs and public target ranges under this subsection. (As amended Oct. 25, 1972, Pub. L. 92-558, title I, § 102(a), 86 Stat. 1173.)

AMENDMENTS

1972-Subsec. (b). Pub. L. 92-558 substituted "public target ranges" for "public outdoor target ranges" in two places.

EFFECTIVE DATE OF 1972 AMENDMENT

Section 102(b) of Pub. L. 92-558 provided that: "The amendments made by subsection (a) of this section [amending subsec. (b) of this section] shall take effect on the date of the enactment of this Act [Oct. 25, 1972]."

Chapter 7.-PROTECTION OF MIGRATORY GAME AND INSECTIVOROUS BIRDS

§ 718b. Issuance and sale of stamps; fees; validity; expiration; redemption; definition of retail dealer. The stamps required by section 718a of this title shall be issued and sold by the Postal Service under regulations prescribed by the Postal Service: Provided, That the stamps shall be sold at all post offices of the first- and second-class and at such others as the Postal Service shall direct. For each such stamp sold under the provisions of this section there shall be collected by the Postal Service a sum of not less than $3 and not more than $5 as determined by the Secretary of the Interior after taking into consideration, among other matters, the increased cost of lands needed for the conservation of migratory birds. 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 thirtieth day of June next succeeding its issuance. The Postal Service, pursuant to regulations to be prescribed by it, shall provide for the redemption, on or before the thirtieth day of June of each fiscal year, of blocks composed of two or more attached unused stamps issued for such year that were sold on consignment to retail dealers for resale to their customers and that have not been resold by such dealers. As used in this section, the term "retail dealers" means persons regularly engaged in the business of retailing hunting or fishing equipment, and persons duly authorized to act as agents of a State or political subdivision thereof for the sale of State or county hunting or fishing licenses. Such stamps shall be usable as migratorybird hunting stamps only during the fiscal year for which issued. (As amended Dec. 22, 1971, Pub. L. 92-214, §§ 1, 2, 85 Stat. 777.)

AMENDMENTS

1971-Pub. L. 92-214 substituted "Postal Service" for "Post Office Department" and "Postmaster General" and added provisions authorizing the collection of up to $5 for each stamp sold to be determined by the Secretary of the Interior after taking into consideration, among other matters, the increased cost of lands needed for the conservation of migratory birds.

§ 718b-1. Disposition of unsold stamps; collectors' supply; destruction of surplus.

On or after July 30, 1956, such quantity of migratory-bird hunting stamps, not sold at the end of the fiscal year for which issued, as determined by the Postal Service to be (1) required to supply the market for sale to collectors, and (2) in suitable condition for such sale to collectors, shall be turned over to the Philatelic Agency and therein placed on sale. Any surplus stock of such migratory-bird hunting stamps may be destroyed in such manner as the Postal Service shall direct. (As amended Dec. 22, 1971, Pub. L. 92-214, § 3, 85 Stat. 777.)

AMENDMENTS

1971-Pub. L. 92-214 substituted "Postal Service" for "Postmaster General".

§ 718d. Disposition of receipts from sale of stamps.

All moneys received for such stamps shall be accounted for by the Postal Service 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 the Interior. All moneys received into such fund are appropriated for the following objects and shall be available therefor until expended:

(a) Advance allotments to Postal Service.

So much as may be necessary shall be used by the Secretary of the Interior to make advance allotments to the Postal Service at such times and in such amounts as may be mutually agreed upon by the Secretary of the Interior and the Postal Service for direct expenditure by the Postal Service for engraving, printing, issuing, selling, and accounting for migratory bird hunting stamps and moneys received from the sale thereof, in addition to expenses for personal services in the District of Columbia and elsewhere, and such other expenses as may be necessary in executing the duties and functions required of the Postal Service.

§ 742j-1. Airborne hunting. (a) Prohibition; penalty. Any person who

(1) while airborne in an aircraft shoots or attempts to shoot for the purpose of capturing or killing any bird, fish, or other animal; or

(2) uses an aircraft to harass any bird, fish, or other animal; or

(3) knowingly participates in using an aircraft for any purpose referred to in paragraph (1) or (2);

shall be fined not more than $5,000 or imprisoned not more than one year, or both.

(b) Exception; report of State to Secretary.

(1) This section shall not apply to any person if such person is employed by, or is an authorized agent of or is operating under a license or permit of, any State or the United States to administer or protect or aid in the administration or protection of land, water, wildlife, livestock, domesticated animals, human life, or crops, and each such person so operating under a license or permit shall report to the applicable issuing authority each calendar quarter the number and type of animals so taken. (2) In any case in which a State, or any agency thereof, issues a permit referred to in paragraph (1) of this subsection, it shall file with the Secretary of the Interior an annual report containing such information as the Secretary shall prescribe, including but not limited to

(A) the name and address of each person to whom a permit was issued;

(B) a description of the animals authorized to be taken thereunder, the number of animals authorized to be taken, and a description of the area from which the animals are authorized to be taken;

(C) the number and type of animals taken by such person to whom a permit was issued; and (D) the reason for issuing the permit.

(c) "Aircraft" defined.

As used in this section, the term "aircraft" means any contrivance used for flight in the air.

(d) Enforcement; regulations; arrest; search; issuance and execution of warrants and process; cooperative agreements.

The Secretary of the Interior shall enforce the provisions of this section and shall promulgate such regulations as he deems necessary and appropriate to carry out such enforcement. Any employee of the Department of the Interior authorized by the Secretary of the Interior to enforce the provisions of this section may, without warrant, arrest any person committing in his presence or view a violation of this section or of any regulation issued hereunder and take such person immediately for examination or trial before an officer or court of competent jurisdiction; may execute any warrant or other process issued by an officer or court of competent jurisdiction for the enforcement of the provisions of this section; and may, with or without a warrant, as authorized by law, search any place. The Secretary of the

Interior is authorized to enter into cooperative agreements with State fish and wildlife agencies or other appropriate State authorities to facilitate enforcement of this section, and by such agreements to delegate such enforcement authority to State law enforcement personnel as he deems appropriate for effective enforcement of this section. Any judge of any court established under the laws of the United States, and any United States magistrate may, within his respective jurisdiction, upon proper oath or affirmation showing probable cause, issue warrants in all such cases.

(e) Forfeiture.

All birds, fish, or other animals shot or captured contrary to the provisions of this section, or of any regulation issued hereunder, and all guns, aircraft, and other equipment used to aid in the shooting, attempting to shoot, capturing, or harassing of any bird, fish, or other animal in violation of this section or of any regulation issued hereunder shall be subject to forfeiture to the United States.

(f) Certain customs laws applied.

All provisions of law relating to the seizure, forfeiture, and condemnation of a vessel for violation of the customs laws, the disposition of such vessel or the proceeds from the sale thereof, and the remission or mitigation of such forfeitures, shall apply to the seizures and forfeitures incurred, or alleged to have been incurred, under the provisions of this section, insofar as such provisions of law are applicable and not inconsistent with the provisions of this section; except that all powers, rights, and duties conferred or imposed by the customs laws upon any officer or employee of the Treasury Department shall, for the purposes of this section, be exercised or performed by the Secretary of the Interior or by such persons as he may designate. (Aug. 8, 1956, ch. 1036, § 13, as added Nov. 18, 1971, Pub. L. 92-159, § 1, 85 Stat. 480, and amended Oct. 18, 1972, Pub. L. 92-502, 86 Stat. 905.)

AMENDMENTS

1972-Subsecs. (d)-(f). Pub. L. 92-502 added subsecs.

(d)-(f).

EFFECTIVE DATE

Section 3 of Pub. L. 92-159 provided that "The amendments made by the first section of this Act [enacting this section] shall take effect as of the thirtieth day after the date of enactment of such section [Nov. 18, 1971]; except that, in any case in which a State is not authorized to issue any permit referred to in the amendments made by such first section, such amendments shall take effect in any such State as of the thirtieth day after the expiration of the next regular session of the legislature of such State which begins on or after the date of enactment of this Act [Nov. 18, 1971]."

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 49 section 1429.

§§ 744, 746, 748, 750, 754.

TRANSFER OF FUNCTIONS

The effective date of Reorg. Plan No. 4 of 1970, referred to in the notes under these sections in the 1970 ed. of the Code, is Oct. 3, 1970, and not Oct. 30, 1970, as shown therein.