§ 684 TITLE 16.

-OONSERVATION 436
Whoever shall hunt, catch, trap, willfully disturb or kill any United States adapted thereto wherb the same have becomd
kind of game animal, game or nongame bird, or fish, or take scarce or extinct, and also to regulate the introduction of
the eggs of any such bird on lands set aside, or in or on the American or foreign birds or animals in localities where they
waters thereof, except under such general rules and regulations have not heretofore existed.
as the Secretary of Agriculture may from time to time pre- The Secretary of Agriculture shall from time to time collect
scribe, shall be fined not more than $500 or imprisoned not and publish useful information as to the propagation, uses, and
more than six months, or Loth. (Aug. 11, 1916, c. 313, 30 preservation of such birds.
Stnt. 476.) And the Secretary of Agriculture shall make and publish all
684. Game breeding areas in Wichita National Forest,-The needful rules and regulations for carrying out the purposes of
President of the United States is hereby authorized to designate said sections, and shall expend for said purposes such suns 0s
such areas in the Wichita National Forest and in the Grand Congress may appropriate therefor. (May 25, 1000, c. 553, § 1,
Canyon National Forest as should, In his opinion, be set asile 31 Stat. 187.)
for the protection of game animals and birds and be recognized 702. Importation ,)f eggs of game birds for propagation.-
as a breedingm place therefor. (Jan. 24, 1005, e. 137, § 1, 33 The Secretary of Agriculture shall have the power to authorize
Stat. 614; June 29, 1900, c. 3593, § 1, 34 Stat. 607.) the importation of eggs of game birds for purposes of proiga-
685. Same; hunting, trapping, killing, or capturing game tion, and he shall prescribe all necessary rules and regulations
unlawful.-Hunting, trapping, killing, or capturing of game governing the importation of eggs of said birds for such pur-
animnals and birds upon the lands of the United States within poses. (June 3, 1902, c. 983, 32 Stat. 285.)
the linmits of areas provilde for in section 684 of this title 703. Taking, killing, or possessing migratory birds unlaw-
shall be unlawful, except under such regulations as may be ful.-Unless and except as permitted by regulations made as
prescribed fron time to time, by the Secretary of Agriculture; hereinafter provided, it shall be unlawful to hunt, take, capture,
and any person violating such regulations or the provisions of kill, attempt to take, capture or kill, possess, offer for sale, sell,
this section shall be deemed guilty of a misdemeanor, and shall, offer to purchase, purchase, deliver for shipment, ship, cause to
upon conviction in any United Siates court of competent juris- be shipped, deliver for transportation, transport, cause to be
diction, be fined in a sum not exceeding $1,000 or be inprisoned transported, carry or cause to be carried by any means what-
for a period not exceedinLt one year, or shall suffer both fine ever, receive for shipment, transportation or carriage, or
and Imprisonment, in the ulseretion of the court. (Jan. 24, export, at any time or In any manner, any migratory bird, in-
1905, c. 137, § 2, 33 Stat. 614; June 29, 1906, e. 3593, § 2, 34 cluded in the terms of the convention between the United States
Stat. 607.) and Great Britain for the protection of migratory birds con-
686. Same; operation of local game laws.-It is the purpose cluded August 10, 1916 (39 Stat. 1702), or any part, nest, or egg
of sections 684 and 685 of this title to protect from trespass of any such bird. (July 3, 1918, c. 128, § 2, 40 Stat. 755.)
the public lands of the United States and the game animals and '704. Determination as to when and how migratory birds
birds which may be thereon, and not to interfere with the op- may be taken, killed, or possesscd.-Subject to the provisions
eration of the local game laws as affecting private, State or and in order to carry out the purposes of the convention, the
Territorial lands. (Jan. 24, 1905, c. 137, § 3, 33 Stat. 014; Secretary of Agriculture is authorized and directed, from time
June 29, 1906, c. 3593, § 3, 34 Stat. 607.) to tine, having due regard to the zones of temperature and to
687. Same; Grand Canyon Game Preserve included in Park.- the distribution, abundance, economic value, breeding habits,
Such parts of the Grand Canyon National Game Preserve, des- and times and lines of migratory flight of such birds, to de-
ignated under authority of section 684 of this title, as are in- termine when, to what extent, if at all, anti by what means,
cluded with the Grand Canyon National Park are excluded and it is compatible with the terms of the convention to allow hunt-
eliminated from said game preserve. (Feb. 26, 1919, c. 44, ing, taking, capture, killing, possession, sale, purchase, ship-
§ 9, 40 Stat. 1178.) ment, transportation, carriage, or export of any such bird, or
any part, nest, or egg thereof, and to adopt suitable regulations
Chapter 7.-ROTECTION OF MIGRATORY GAME AND permitting and go'ferning the same, in accordance with such
INSECTIVOROUS BIRDS. determinations, which regulations shall become effective when
See. approved by the President. (July 3, 1918, c. 128, § 3, 40 Stat.
701. Game and wild birds; preservation. 755.)
702. Importation of eggs of game birds for propagation. 705. Transportation or importation of migratory birds;
703. Taking, killing, or possessing migratory birds unlawful. when unlawful.-It shall be unlawful to ship, transport, or
704. Determination as to when and how migratory birds may be taken,
killed, or possessed. carry, by any means whatever, from one State, Territory, or dis-
705. Transportation or importation of migratory birds; when unlawful. trict to or through another State, Territory, or district, or to or
700. Arrests; search warrants. through a foreign country, any bird, or any part, nest, or egg
707. Punishments. thereof, captured, killed, taken, shipped, transported, or carried
708. State or Territorial laws or regulations.
709. Migratory birds, nests, or eggs for scientiflc or propagating pur- at any time contrary to the laws of the State, Territory, or dis-
Doses. trict in which It was captured, killed, or taken, or from which it
710. Partial Invalidity; short title. was shipped, transported, or carried. It shall be unlawful to
711. Breeding and sale for food supply.
hport any bird, or any part, nest, or egg thereof, captured,
Section 701. Game and wild birds; preservation.-The duties killed, taken, shipped, transported, or carried contrary to the
and powers of the Department of Agriculture include the pres- laws of any Province of the Dominion of Canada in which the
ervation, distribution, introduction, and restoration of game same was captured, killed, or taken, or from which It was
birds and other wild birds. The Secretary of Agriculture is shipped, transported, or carried. (July 8, 1918, c. 128, § 4, 40
authorized to adopt such measures as may be necessary to carry Stat. 755.)
out the purposes of this section and sections 891 to 894, of Title 706. Arrests; search warrants.-Any employee of the Depart-
18, C1I1 IINAL CODE AND CRIMINAL PROCEDURE, and to purchase ment of Agriculture authorized by the Secretary of Agriculture
such game birds and other wild birds as may be required to enforce the provisions of sections 703 to 711 of this title
therefor, subject, however, to the laws of the various States shall have power, without warrant, to arrest any person
and Territories. The object and purpose of this section is to committing a violation of ,,;aid sections in his presence or view
aid in the restoration of such birds in those parts of the and to tako such person immediately for examination or trial
 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