TITLB 16.-CONERI'.

tTION § 724
before an offieer or court of competent jurisdiction; shall have game birds on farms and preserves and tile sale of birds so
power to execute any warrant or other process issued by an bred under proper regulation for the purpose of increasing
officer or court of competent Jurisdiction for the enforcemeut the food supply. (July 3, 1918, c. 128, § 12, 40 Stat. 757.)
of the provisions of said sections; and shall have authority,
with a search warrant, to search any place. The several Chapter 8.-UPPER MISSISSIPPI RIVElt WIll) LIFE
judges of tle courts established under the laws of the United AND FISH HEFUGE.
States, and United States commissioners may, within their See.
respective jurisdictions, upon, proper oath or afllrination' show- 721. Upper Mtstlsppi Rlvr Wild Life and Fish Itofugp; citation.
722. Seome; acquisition of lands i1a1(water for.
ing probable cause, Issue warrants In all such cases. All 723. Saine; purposes of refige; legulations by St,crietries of Agri-
birds, or paris, nests, or eggs thereof, captured, killed, taken, cultureind Commierce.
slipped, transported, carried, or possessed contrary to the 724. Same; coumvat of Statos to acillsltion; existillg rights of wey,
caselents, and so forth.
provisions of said sections or of any regulations made pursuant
725. Same; Joint regulations, and fo forth, by ,,celOirleq of Agricul-
thereto shall, when found, be seized by any such employee, or by turo and Commerce.
imy marshal or deputy marshal, and, upon conviction of tile 726. Sa in; acts prohibited In refuge; co11trelal fishing.
offender or upon judgment of a court of the United States 727. Saine; powers of employces (if lvparliments of Agricultule anid
Commerce; searches nlh seizures.
that the same were captured, killed, taken, shipped, trans- 728. Same : expenaditures.
ported, carried, or possessed contrary to the provisions of said 729. Upper Mississippi liver Wild Life and Fish ltfug,,; price per
sections or of any regulation made pursuant thereto, shall be acre.
forfeited to the United States and disposed of as directed by 730. Some; vh1lntlons of law or regulations; punishment.
731. Sme; effi-et on other laios.
the court having jurisdiction. (July 3, 1918, e. 128, § 5, 40
Stitt. 756.) Section 721. Upper Mississippi River Wild Life and Fish
707. Punishnents.-Any person, association, partnership, or Refuge; citation.-Sectons 72-. to 731 of tills title llay be
corloratioln who shall violate tiny of the lprovisions of said cited as "Tile Upper 'Mississippi River Wild Life and Fish
convention or of sections 703 to 711 of this title, or who sialI Refuge Act." The teri "person" a1s use( therein Ilneldes al
violate or fail to comply with any regulation made pursuant Individual, plrtnership, association or corporation. (June 7,
to said sections, shall be deemed guilty of a nisdemeanor lad 1924, c. 346, §§ 1, 12, 43 Stat. 650, 652.)
upon conviction thereof shall bhi lined not more than $500 or 722. Same; acquisition of lands anl water for.-The Secre-
be inipriuoied not more than six months, or both. (July 3, tary of Agriculture Is autlorized anld directed to acquire by
1918, c. 128, § 6, 40 Stat. 750.) purehase, gift, or lease, such areas of land, or of ]find and
water, situated between Rock Island, Illinois, and Wnhall: .11,
708. State or Territorial laws or regulations.-Nothing in
Minnesota, oil either side of or upon islands inl Mississippi
sections 703 to 711 of this title shall be construed to prevent
River which lire subject to overflow by such river and whieh
the several States and Territories from making or enforcing
are not used for agricultural lrposes, as lie determhin stilt-
laws or regulations not inconsistent with the provisions of
able for tile purposes of this chapter, and tinly such area wlen
said convention or of said sections, or from making or enforcing
acquied shall become a part of tle Upper Mississippi
laws or regulations which shall give further protection to
River Wld Life nd Fish Refuge (referred to in this cllapter
migratory birds, their nests, and eggs, If such laws or regul-
as the " refuge"). (Jlne 7, 11124, c. 316, §§ 2, 3, 43 Stat. 650.)
tions, do not extend tie open seasons for such birds beyond
the dates approved by tie President in accordance with section 723. Same; purposes of refuge; regulations by Secretaries
704 of this title. (July 3, 1918, c. 128, § 7, 40 Stat. 750.) of Agriculture and Cominerce.-The refuge shall be establlsled
and maintained (a) as a refuge and breeding place for lnigra-
709. Migratory birds, nests, or eggs for scientific or propa-
tory birds included ill the terms of the convention between tie
gating purposes.-Until tile adoption aind approval, pursuant United States and Great Britain for the protection of migratory
to section 704 of this title, of regulations dealing with migra- birds, concluded August 16, 1916, ad (b) to such extent as tile
tory birds and their nests and eggs, such migratory birds and Secretary of Agriculture may by regulatlons prescribe, 11s it
their nests and eggs as are intended and used exclusively for refuge and breeding place for other wild birds, gaimne niillils,
scientific or propagatinlg purposes may be taken, captured, fur-bearing aninials, and for the conservation of wild flowers
killed, possessed, sold, purchased, shipped, and transported for and aquatic plants, and (c) to such extent as the Secretary of
such scleitifle or propagating purposes if and to tle extent Commerce may by regulations prescribe as it refuge and ibreed-
not in conflict with the laws of the State, Territory, or Dis- ing pllace for fish and other aqualic animal life. (June 7, 1921,
trict in which they are taken, captured, killed, possessed, sold,e. 346, § 3, 43 Stilt. 650.)
or purchased, or in or from which they are shipped or trans- 721. Same; consent of States to acquisition; existing rights
ported if the packages contahing the dead bodies or tile nests of way, easements, and so forth.-(a) Such area shall not be
or eggs of such birds when shipped and transported shall be acquired by the Secretary of Agriculture until tile legislature
marked on the outside thereof so as accurately and clearly to of each State In which is situated any part of tile areas to be
show the name and address of time shipper and the contents acquired under section 722 of this title has consented to tile
of time package. (July 3, 1018, e. 128, § 8, 40 Stat. 750.) acquisition of such part by the United States for the purposes
710. Partial invalidity; short titlc.-If any clause, sentence, thereiln stated, and, except in the case of a lease, no pilayment
paragraph, or part of sections 703 to 711 of this title, which shall
slall be made by the United States for any suchl area until
be known by tile short title of the "Migratory Bird Treaty title thereto Is satisfactory to the Attorney General and is
Act," shall, for any reason, be adjudged by any court of vested in the United States.
compotent jurisdiction to be invalid, ouch judgment shall not (b) The existence of a right of way, easement, or other
affect, impair, or invalidate the remainder thereof, but shall reservation or exception in respect of such area shall not he
be confined in its operation to the clause, sentence, paragraph, a bar to its acquisition (1) if the Secretary of Agriculture
or part thereof directly involved in the controversy in which determines that any such reservation or exception will In no
such judgment shall have been rendered. (July 8, 1018, c. manner Interfere with the use of the area for the purposes for
128, § 10, 40 Stat. 757.) which acquired, or (2) if in the deed or other conveyance
711. Breeding and sale for food supply.-Nothing In this it is.stipulated tat any reservation or exception in respect
chapter shall be construed to prevent the breeding of migratory of such area, in favor of the person from whom tile United
 § 725 TITLI 16.--0CNHERVAT1ON

States receives title, shall be subject to regulations prescribed upon the facts. Libel proceedings shall be at the suit and in
under authority of this chapter. (June 7, 1024, a. 846, 1 4, the name of the United States. If such forfeiture proceedings
43 Stat. 650.) are not instituted within a reasonable time, the United States
725. Same; joint regulations, and so forth, by Secretaries of attorney shall give notice thereof, and the custodian shall
Agriculture and Commeree.-Except where it is specifically thereupon release the articles seized. (June 7, 192i, c. 340, I 8,
provided otherwise, the Secretary of Agriculture and the Sec- 43 Stat. 651.)
retary of Commerce shall Jointly prescribe such regulations, 728. Same; expenditures.-Tho Secretary of Agriculture and
exercise such functions, and perform such duties as may be the Secetary of Commerce are authorized to make such ex-
necessary to carry out the purposes of this chapter. (Juno 7, penditures for construction, equipment, maintenance, repairs,
1924, c. 316, § 5, 43 Stat. 051.) and improvements, including expenditures for personal services
726. Same; acts prohibited in refuge; commercial fishing.- at the seat of government and elsewhere, as may be necessary
No merson shall, except In accordance with regulations pro. to execute the functions imposed upon them by this chapter
scribed by the Secretary of Agriculture In respect of wild birds, and as may be provided for by Congress from time to time.
game aninals, fur-hearing animals, wild flowers, and aquatic (June 7, 1924, c. 340, § 0, 43 Stat. 052.)
plants, or by the Secretary of Commerce in respect of fish and 729. Upper Mississippi River Wild Life and Fish Refuge;
other aquatic-animal life- price per acre.-For the acquisition of any areas authorized by
(a) Enter the refuge for any purpose; or section 722 of this title, the Secretary of Agriculture shall not
(b\ I)ishirb, injure, kill, or remove, or attempt to disturb, pay for any land or land and water a price which when added
Injure, kill, or remove any wild bird, game animal, fur-bearing to the price of land or land and water theretofore purehar:d,
uniial, fish or other aquatic-animal life on the refuge; or shall exceed an average cost of $5 per acre. (June 7, 1921, c.
(e) Remove from the refuge, or Injure or destroy thereon 340, § 10, 43 Stat. 052; Mar. 4, 1925, c. 558, 43 Stat. 135.1,)
any flower, plant, tree, or other natural growth, or the nest 730. Same; violation3 of law or regulations; punishment.-
or egg of any wild bird; or Any person who shall violate or fail to comply with any pro-
(d) Injure or destroy any notice, sign board, fence, building, vision of or any regulation made pursuant to this chapter shall
or other property of the United States thereon. Commercial be deemed guilty of a misdemeanor, and upon conviction there-
fishing may, however, be conducted in the waters of this refuge of shall be fined not more than $500 or be imprisoned not more
under regulation by the Secretary of Commerce. (June 7, than six months, or both. (Juno 7, 192-, c. 346, § 11, 43
1924, c. 346, §§ 0, 7, 43 Stat. 651.) Sta. 652.)
727. Same; powers of employees of Departments of Agricul- 731. Same; effect on other laws.-Nothing in this chapter
ture and Commerce; searches and seizures.-(a) Any employee shall be construed as exempting any portion of the Mississippi
of the Department of Agriculture authorized by the Secretary River from the provisions of Federal laws for the improve-
of Agriculture to enforce the provisions of this chapter, and meat, preservation, and protection of navigable waters, nor
any employee of the Department of Commerce so authorized as authorizing any interference with the operations of the
by the Secretary of Commerce (1) shall have power, without War Department in carrying out any project now or hereafter
warrant, to arrest any person committing in the presence of adopted for the improvement of said river. (Juno 7, 1921, c.
such employee a violation of this chapter or of- any regula- 346, § 13, 43 Stat. 652.)
tion made pursuant to this chapter, and to take such person
imneitlately for examination or trial before an officer or Chapter 9.-THE BUREAU OF FISHERIES.
court of competent jurisdiction, (2) shall have power to exe- See.
cute any warrant or other process issued by an officer or 741. Commissioner of Fisheries.
court of competent jurisdiction to enforce the provisions of this 742. Acting comndssiaoner.
743. Details from
chapter or regulations made pursuant thereto, and (3) shall 744. Investigations;Coast Guard.
fteipropagation; annual statement of expendi-
have authority, with a search warrant issued by an officer or tures; investigations of damages by predacious fishes; execu-
court of competent jurisdiction to make a search In accordance tive assistance.
with the terms of such warrant. Any judge of a court estab- 745. Powers of commissioner.
lished under the laws of the United States, or any United States 746. Vessels of Bureau of Fisheries.
747. Vessels of bureau ; commutation of rations of officers and crews.
commnissloner may, within his respective jurisdiction, upon 748. Expenditure of appropriations for propagation of food fishes.
proper oath or affirmation showing probable cause, issue war- 749. Advisory committee; designations; duties; expenses.
ramtq in all such cases. 750. Station on Mississippi River for rescue of fish and propagation
of mussels.
(b) All birds, animals, fish, or parts thereof captured, in- 751. Same; personnel.
jured, or killed, and all flowers, plants, trees, and other natural
growths, and nests and eggs of birds removed, and all imple- Section 741. Commissioner of Fisheries.-There shall be
ments or paraphernalia, including guns, fishing equipment, and appointed by the President, by and with the advice and consent
boats usedl or attempted to be used contrary to the provisions of the ,Henate, a person of scientific and practical acquaintance
of this chapter or any regulations made pursuant thereto, shall, with the fish and fisheries to be a Commissioner of Fisheries,
when found by such employee or by any marshal or deputy and he shall be removable at the pleasure of the President. Ie
marshal, be summarily seized by him and placed in the shall not hold any other office or employment under the au-
custody of such persons as the Secretary of Agriculture and the thority of the United States or any State. (R.S.§ 4395; Jan.
Secretary of Commerce may jointly by regulation prescribe. 20, 1888, e. 1, 25 Stat. 1; Feb. 27, 1925, c. 804, 43 Stat. 1040.)
(c) A report of the seizure shall be made to the United States 742. Acting commissioner.-In the case of the absence of the
attorney for the judicial district in which the seizure is made, Commissioner and Deputy Commissioner of Fisheries the Sec-
for forfeiture either (1) upon conviction of the offender under retary of Commerce may designate some officer of said bureau
section 730 of this title, or (2) by proceedings by libel in rem. to perform the duties of the commissioner during their absence.
Such libel proceedings shall conform as near as may be to (far. 4, 1011, e. 285, § 1, 80 Stat. 1430; Mar. 4, 1913, c.141; §
civil suits in admiralty, except that either party may demand 1,87 Stat. 736.)
trial by jury upon any issue of fact when the value in con- 743. Details from Coast Guard.-The Secretary of the Treas.
troversy exceeds $20. In case of a jury trial the verdict of ury is authorized to detail from time to time for duty under
the Jury shall have the same effect as the finding of the court the Commissioner of Fisheries any officers and
men of the Coast