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fish, or game or non-game birds, or taking the eggs of any such fish or bird, except during the hunting, trapping, and fishing seasons established by the Secretary, and in accordance with the terms and conditions of a permit issued by a duly authorized officer, which is valid and subsisting at the time.t [Reg. T-82, as amended Feb. 9, 1938, 3 F.R. 343]

261.11 Occupancy trespasses. The following acts are prohibited on lands of the United States within national forests:

(a) Squatting or making settlement thereon, except in accordance with the Act of June 11, 1906 (34 Stat. 233; 16 U.S.C. 506–508, 509), entitled "An act to provide for the entry of agricultural lands within forest reserves."

(b) Constructing or maintaining any kind of works, structure, fence, or inclosure; conducting any kind of business enterprise or carrying on any kind of work without a permit, except as otherwise allowed by law or regulation, and except upon a claim for the actual use, improvement, and development of the claim consistent with the purposes for which it was initiated.

(c) The placing by any person, association, or corporation, without written permission from a forest officer, of stock within an inclosure designated by the Forest Service as a pasture for tourists' stock, and allowing such stock to remain in the inclosure for more than 48 hours in succession, or more than twice during any calendar year.

(d) Having or leaving in an exposed or insanitary condition on national forest lands camp refuse or debris of any description, or depositing on national forest lands or being or going thereon and depositing in the streams, lakes, or other waters within or bordering upon the national forests any substance or substances which pollute or are liable to cause pollution of the said streams, lakes, or waters. (e) The discharging of firearms in the vicinity of camps, residence sites, recreation grounds and areas, and over lakes or other bodies of water adjacent to or within such areas, whereby any person is exposed to injury as a result of such discharge.

(f) Going or being upon, or taking, transporting, or allowing cattle, sheep, hogs, or other animals on, any lands within a national forest to which the United States has legal or equitable title which are closed to use by the regional forester because of danger from the spread of any communicable or infectious disease of cattle, sheep, hogs, or other animals, such as foot-and-mouth disease or scabies except under permit issued by a forest officer not in conflict with a State or Federal quarantine law or regulation; but no permit shall be required of any actual resident within the national forest going to or from his home, if unaccompanied by any animals.

(g) Occupying a public camp ground upon national forest lands for a period of time in excess of that established by the regional forester under the provisions of § 251.13.

(h) The operation of motor boats on artificial bodies of water without adequate devices to prevent unnecessary noises, and/or at a rate of speed in excess of 10 miles per hour when within 300 feet of bathers, small boats, or established boat landings.

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**For statutory and source citations, see note to § 261.1.

(i) The unauthorized going or being upon any area which has been closed by the Chief, Forest Service, for the perpetuation and protection of (1) rare or vanishing species of plants or animals, (2) special biological communities, or (3) historical or archaeological places or objects of interest; also the unauthorized going or being upon any area so closed for scientific experiments and investigations, or for other purposes where controlled use is necessary in order to insure proper treatment and protection. The boundaries of each area shall be defined by the regional forester and indicated in so far as practicable by posting notices along such boundaries and on roads and trails leading into such areas.*t [Reg. T-9, as amended Jan. 13, 1937, 2 F.R. 68]

CROSS REFERENCE: For regulations of the Bureau of Animal Industry relating to the prevention of animal diseases such as foot-and-mouth, scabies, etc., by inspection of animals during interstate transportation, see 9 CFR Parts 71–77. 261.12 Settlement of trespass cases, The forest supervisor, when authorized by the regional forester, may settle any innocent or unintentional trespass involving a claim for not more than $300. The regional forester may settle any trespass involving a claim for not more than $3,000. The Chief of the Forest Service may settle any trespass involving a claim for not more than $5,000. Any trespass involving a claim for more than $5,000 will be referred to the Secretary of Agriculture. All civil trespasses requiring the institution of legal proceedings will be reported through the Chief of the Forest Service to the Secretary of Agriculture for reference to the Attorney General for action. t [Reg. T-10]

261.13 Impounding of livestock. Livestock found trespassing on national forest land or any other lands under the control of the Forest Service if not removed upon reasonable notice may be impounded by the forest officers. No livestock will be impounded until known owners of the livestock are given written notice of intention to impound and at least 15 days have elapsed from the date notice is first posted at the county courthouse and published in a newspaper serving the community within or adjacent to the area on which the trespass is occurring, provided, that if all owners are known and are given written notice advertising and posting may be dispensed with. Such notices shall state the kind of livestock and the area on which it is trespassing, that it will be impounded on or after a specified date, and when impounded will be sold in default of redemption by the owner. No sale will be made until five days have elapsed from the date the livestock was impounded. If the stock be not redeemed on or before the date fixed for its sale, it shall be sold at public sale to the highest bidder. If no bid is received, in the discretion of forest officers the stock may be sold at private sale or be condemned and destroyed or otherwise disposed of. The owner may redeem the stock by submitting proof of ownership and paying all expenses incurred by the United States in advertising, gathering, pasturing, and impounding it. Upon the sale of any stock in accordance with this section the forest officer shall issue a certificate or bill of sale.*t [Reg. T-12]

**For statutory and source citations, see note to § 261.1.

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261.14 Elements of damage in livestock trespasses. In all livestock trespasses on the national forests the value of the forage consumed will be computed at the daily, monthly, or yearly commercial rates prevailing in the locality for the class of livestock found in trespass.

In addition to the damages to national forest property injured or destroyed and in order to compensate the United States fully for any loss resulting from trespass by livestock, a charge may be made and added to the value of the forage consumed which shall include the pro rata salary of the forest officers for the time spent and the expenses incurred in and about the investigations, reports, and prosecution of the case.*t [Reg. T-13]

PAROLE: See Judicial Administration, 28 CFR Part 2.
PASSPORTS: See Foreign Relations, 22 CFR Parts 31, 33.
PATENT OFFICE, DEPARTMENT OF COMMERCE: See Patents and Copy-
rights, 37 CFR Chapter I.

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*For statutory and source citations, see note to § 261.1.

TITLE 37-PATENTS AND COPYRIGHTS

Chapter I-Patent Office, Department of Commerce..
Chapter II-Copyright Office, Library of Congress...

Part

1 Patents

5 Trade-marks

CHAPTER I-PATENT OFFICE
DEPARTMENT OF COMMERCE

Part

9 Prints and labels

Part

1

201

SUPPLEMENTAL PUBLICATIONS

Decisions of the Commissioner of Patents, Department of Commerce. Annual, 1869

Same: Published weekly in the official gazette.

Decisions of the United States Court of Customs and Patent Appeals. Annual, v. 17, 1929

The official gazette, Department of Commerce. Weekly, 1872

The trade-mark reporter, New York, United States Trade-Mark Association. Monthly, June 1911

United States Patent Quarterly, Washington, D. C., Bureau of National Affairs, Inc. Quarterly, v. 1, Mar.-June 1929

Same: Advance sheets: Patent, trade-mark, and copyright weekly. Weekly, July 3, 1937

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1.63 Order of examination.

1.64 Merits treated throughout.

Rejections and references

1.65 Notice of rejection. 1.66

References to be cited.

1.67 Adverse decisions on preliminary questions in ex parte cases. Amendments and actions by applicants

1.68 Right to amend.

1.69 Request for reconsideration.

Preparation for interference. Suggestion of claims for interference.

Examiner preparing interference notices, etc.

1.98 Revision of notices by examiner of interferences.

1.99

Reference to Commissioner. 1.100 Primary examiner retains jurisdiction.

1.101 Jurisdiction of examiner of inter

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Motion for postponement of time for filing.

1.105 Certified copies used in interference proceedings.

1.70 Amendments to correspond to 1.106 New application for claims not in

original drawing or specification.

interference.

1.107 Disclaimer and abandonment.

1.90

1.91

1.92

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