16-U.S.C.-718A
§718A – Prohibition On Taking
Pathway
Title 16 > Chapter 7 > Subchapter IV > Section 718a
Details
- Reference: Section 718a
- Legend: §718A – Prohibition On Taking
- USCode Year: 2013
Provision Content
(a) Prohibition
(1) In general
Except as provided in paragraph (2), no individual who has attained the age of 16 years shall take any migratory waterfowl unless, at the time of the taking, the individual carries on the person of the individual a valid Migratory Bird Hunting and Conservation Stamp, validated by the signature of the individual written in ink across the face of the stamp prior to the time of the taking by the individual of the waterfowl.
(2) Exception
No stamp described in paragraph (1) shall be required for the taking of migratory waterfowl—
(A) by Federal or State agencies;
(B) for propagation; or
(C) by the resident owner, tenant, or sharecropper of the property, or officially designated agencies of the Department of the Interior, for the killing, under such restrictions as the Secretary may by regulation prescribe, of such waterfowl when found damaging crops or other property.
(b) Display of stamp
Any individual to whom a stamp has been sold under this subchapter shall, upon request, display the stamp for inspection to—
(1) any officer or employee of the Department of the Interior who is authorized to enforce this subchapter; or
(2) any officer of any State or political subdivision of a State authorized to enforce State game laws.
(c) Other licenses
Nothing in this section requires any individual to affix the Migratory Bird Hunting and Conservation Stamp to any other license prior to taking 1 or more migratory waterfowl.
(Mar. 16, 1934, ch. 71, §1, 48 Stat. 451; June 15, 1935, ch. 261, title I, §1, 49 Stat. 378; 1939 Reorg. Plan No. II, §4(f), eff. July 1, 1939, 4 F.R. 2731, 53 Stat. 1433; July 30, 1956, ch. 782, §1, 70 Stat. 722; Pub. L. 94–215, §3(a), Feb. 17, 1976, 90 Stat. 189; Pub. L. 109–266, §10(a), Aug. 3, 2006, 120 Stat. 674.)
Amendments
2006—Pub. L. 109–266 amended section generally. Prior to amendment, section related to hunting and conservation stamp for taking migratory waterfowl.
1976—Pub. L. 94–215 substituted hunting and conservation stamp for hunting stamp in first sentence.
1956—Act July 30, 1956, substituted no person who has attained the age of sixteen years, for no person over sixteen years of age.
1935—Act June 15, 1935, substituted validated by his signature written by himself in ink across the face of the stamp prior to his taking such birds for issued to him in the manner hereinafter provided, and struck out provisions which authorized the Secretary of Agriculture to adopt and promulgate regulations for the protection of private property in the injury of crops.
Transfer of Functions
Reorg. Plan No. II of 1939, set out in the Appendix to Title 5, Government Organization and Employees, transferred functions of Secretary of Agriculture relating to conservation of wildlife, game, and migratory birds to Secretary of the Interior.
U.S. Encyclopedia of Law Coverage
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