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the Secretary of Agriculture from permitting other uses of the national forests under and in conformity with the laws and the rules and regulations applicable thereto so far as such uses may be consistent with the purposes for which such fish and game sanctuaries or refuges are authorized to be established. (Mar. 10, 1934, sec. 1, 48 Stat. 400; 16 U.S. C., sec. 694.)

1153. Same; hunting or fishing thereon made unlawful.—That when such fish and game sanctuaries or refuges have been established as provided in section 1 of this Act [16 U. S. C., sec. 694], hunting, pursuing, poisoning, angling for, killing, or capturing by trapping, netting, or any other means, or attempting to hunt, pursue, angle for, kill, or capture any wild animals or fish for any purpose whatever upon the lands of the United States within the limits of said fish and game sanctuaries or refuges shall be unlawful except as hereinafter provided, and any person violating any provision of this Act [16 U. S. C., secs. 694_694b] or any of the rules and regulations made under the provisions of this Act shall be deemed guilty of a misdemeanor and shall upon conviction in any United States court be fined in a sum of not exceeding $100 or imprisonment not exceeding six months, or both. (Mar. 10, 1934, sec. 2, 48 Stat. 400; 16 U. Š. C., sec. 694a.)

1154. Secretaries of Agriculture and Commerce authorized to execute act; jurisdiction of States not affected. That the Secretaries of Agriculture and Commerce shall execute the provisions of this Act (16 U. S. C., secs. 694–694b], and they are hereby jointly authorized to make all needful rules and regulations for the administration of such fish and game sanctuaries or refuges in accordance with the purpose of this Act, including regulations not in contravention of State laws for hunting, capturing, or killing predatory animals, such as wolves, coyotes, foxes, pumas, and other species destructive to livestock or wildlife or agriculture within the limits of said fish and game sanctuaries or refuges: Provided, That the present jurisdiction of the States shall not be altered or changed without the legislative approval of such States. (Mar. 10, 1934, sec. 3, 48 Stat. 401; 16 U. S. C., sec. 694b.)

1155. Acceptance of title to lands to become part of Columbia River Bird Refuge.-- That the Secretary of Agriculture be, and he is hereby, authorized to accept, on behalf of and without expense to the United States, from the Northern Pacific Railway Company, a corporation organized and existing under the laws of the State of Wisconsin, or its authorized agents, a gift of certain

lands situate in the counties of Benton and Walla Walla, State of Washington, described as lot 8, section 21, and lot 5, section 33, all in township ? north, range 31 east, Willamette principal meridian, containing six and ninety, seven hundredths acres, more or less, including all the buildings and improvements thereon, and all rights, easements, and appurtenances thereunto appertaining: Provided, That upon the acceptance of the title to the lands above described by the United States they shall become a part of the Columbia River Bird Refuge established pursuant to the authority contained in Executive Order Numbered 4501, dated August 28, 1926, and shall be subject to any laws governing the administration and protection of said refuge. (Feb. 28, 1929, 45 Stat. 1413.)

PROTECTION OF MIGRATORY GAME AND INSECTIVOROUS BIRDS

IN GENERAL

1156. Game_and wild birds; preservation. That the duties and powers of the Department of Agriculture are hereby enlarged so as to include the preservation, distribution, introduction, and restoration of game birds and other wild birds. The Secretary of Agriculture is hereby authorized to adopt such measures as may be necessary to carry out the purposes of this Act [this section and

18 U. S. C., secs. 391–395] and to purchase such game birds and other wild birds as may be required therefor, subject, however, to the laws of the various States and Territories. The object and purpose of this Act is to aid in the restoration of such birds in those parts of the United States adapted thereto where the same have become scarce or extinct, and also to regulate the introduction of American or foreign birds or animals in localities where they have not heretofore existed.

The Secretary of Agriculture shall from time to time collect and publish useful information as to the propagation, uses, and preservation of such birds.

And the Secretary of Agriculture shall make and publish all needful rules and regulations for carrying out the purposes of this Act [this section and 18 U. S. C., secs. 391–395], and shall expend for said purposes such sums as Congress may appropriate therefor. (May 25, 1900, sec. 1, 31 Stat. 187; 16 U.S.C., sec. 701.)

1157. Importation of eggs of game birds for propagation. That from and after the passage of this Act the Secretary of Agriculture shall have the power to authorize the importation of

game birds for purposes of propagation, and he shall prescribe all necessary rules and regulations governing the importation of eggs of said birds for such purposes. (June 3, 1902, 32 Stat. 285; 16 U.S.C., sec. 702.)

eggs of

MIGRATORY BIRD TREATY ACT

1158. Short title of act.—That this Act shall be known by the short title of the “ Migratory Bird Treaty Act.” (July 3, 1918, sec. 1, 40 Stat. 755; 16 U. S. C., sec. 710.)

1159. Taking, killing, possessing migratory birds unlawful.—That unless and except as permitted by regulations made as hereinafter provided, it shall be unlawful to hunt, take, capture, kill, attempt to take, capture, or kill, possess, offer for sale, sell, offer to purchase, purchase, deliver for shipment, ship, cause to be shipped, deliver for transportation, transport, cause to be transported, carry or cause to be carried by any means whatever, receive for shipment, transportation, or carriage, or export, at any time or in any manner, any migratory bird, included in the terms of the convention between the United States and Great Britain for the protection of migratory birds concluded August sixteenth, nineteen hundred and sixteen, or any part, nest, or egg of any such bird. (July 3, 1918, sec. 2, 40 Stat. 755 ; 16 Ú. S. C., sec. 703.)

1160. Determination as to when and how migratory birds may be taken, killed, possessed. That subject to the provisions and in order to carry out the purposes of the convention, the Secretary of Agriculture is authorized and directed, from time to time, having due regard to the zones of temperature and to the distribution, abundance, economic value, breeding habits, and times and lines of migratory flight of such birds, to determine when, to what extent, if at all, and by what means it is compatible with the terms of the convention to allow hunting, taking, capture, killing, possession, sale, purchase, shipment, transportation, carriage, or export of any such bird, or any part, nest, or egg, thereof, and to adopt suitable regulations permitting and governing the same, in accordance with such determinations, which regulations shall become effective when approved by the President. (July 3, 1918, sec. 3, 40 Stat. 755; 16 U.S. C., sec. 704.)

1161. Transportation or importation of migratory birds; when unlawful.—That it shall be unlawful to ship, transport, or carry, by any means whatever, from one State, Territory, or District to or through another State, Territory, or District, or to or through a foreign country, any bird, or any part, nest, or egg thereof, captured, killed, taken, shipped, transported, or carried at any time contrary to the laws of the State, Territory, or District in which it was captured, killed, or taken, or from which it was shipped, transported, or carried. It shall be unlawful to import any bird, or any part, nest, or egg thereof, captured, killed, taken, shipped, transported, or carried contrary to the laws of any Province of the Dominion of Canada in which the same was captured, killed, or taken, or from which it was shipped, transported, or carried. (July 3, 1918, sec. 4, 40 Stat. 755; 16 U. S. C., sec. 705.)

1162. Arrests, search warrants.—That any employee of the Department of Agriculture authorized by the Secretary of Agriculture to enforce the provisions of this Act shall have power, without warrant, to arrest any person committing a violation of this Act in his presence or view and to take such person immediately for examination or trial before an officer or court of competent jurisdiction; shall have power to execute any warrant or other process issued by an officer or court of competent jurisdiction for the enforcement of the provisions of this Act; and shall have authority, with a search warrant, to search any place. The several judges of the courts established under the laws of the United States, and United States commissioners may, within their respective jurisdictions, upon proper oath or affirmation showing probable cause, issue warrants in all such cases. All birds, or parts, nests, or eggs thereof, captured, killed, taken, shipped, transported, carried, or possessed contrary to the provisions of this Act or of any regulations made pursuant thereto shall, when found, be seized by any such employee, or by any marshal or deputy marshal, and, upon conviction of the offender or upon judgment of a court of the United States that the same were captured, killed, taken, shipped, transported, carried, or possessed contrary to the provisions of this Act or of any regulation made pursuant thereto, shall be forfeited to the United States and disposed of as directed by the court having jurisdiction. (July 3, 1918. sec. 5, 40 Stat. 756; 16 U. S. C., sec. 706.)

1163. Punishment. That any person, association, partnership, or corporation who shall violate any of the provisions of said convention or of this Act, or who shall violate or fail to comply with any regulations made pursuant to this Act, shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined not more than $500 or be imprisoned not more than six months, or both. (July 3, 1918, sec. 6, 40 Stat. 756; 16 U. S. C., sec. 707.)

1164. State or territorial laws or regulations. That nothing in this Act shall be construed to prevent the several States and Territories from making or enforcing laws or regulations not inconsistent with the provisions of said convention or this Act, or from making or enforcing laws or regulations which shall give further protection to migratory birds, their nests, and eggs, if such laws or regulations do not extend the open seasons for such birds beyond the dates approved by the President in accordance with section three of this Act (16 U. S. C., sec. 704]. (July 3, 1918, sec. 7, 40 Stat. 756; 16 U. S. C., sec. 708.)

1165. Migratory birds, nests, and eggs for scientific purposes.-That until the adoption and approval, pursuant to section three of this Act, of regulations dealing with migratory birds and their nests and eggs, such migratory birds and their nests and eggs as are intended and used exclusively for scientific or propagating purposes may be taken, captured, killed, possessed, sold, purchased, shipped, and transported for such scientific or propagating purposes if and to the extent not in conflict with the laws of the State, Territory, or District in which they are taken, captured, killed, possessed, sold, or purchased, or in or from which they are shipped or transported if the packages containing the dead bodies or the nests or eggs of such birds when shipped and transported shall be marked on the outside thereof so as accurately and clearly to show the name and address of the shipper and the contents of the package. (July 3, 1918, sec. 8, 40 Stat. 756; 16 U. S. C., sec. 709.)

1166. Partial invalidity. That if any clause, sentence, paragraph, or part of this Act shall, for any reason, be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair, or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, or part thereof directly involved in the controversy in which such judgment shall have been rendered. (July 3, 1918, sec. 10, 40 Stat. 757; 16 U.S. C., sec. 710.)

1167. Inconsistent laws repealed.—That all Acts or parts of Acts inconsistent with the provisions of this Act are hereby repealed. (July 3, 1918, sec. 11, 40 Stat. 757.)

1168. Breeding for food supply.- Nothing in this Act shall be construed to prevent the breeding of migratory game birds on farms and preserves and the sale of birds so bred under proper regulation for the purpose of increasing the food supply. (July 3, 1918, sec. 12, 40 Stat. 757; 16 U. S. C., sec. 711.)

MIGRATORY BIRD CONSERVATION ACT

1169. Citation. That this Act shall be known by the short title of “Migratory Bird Conservation Act." (Feb. 18, 1929, sec. 1, 45 Stat. 1222; 16 U.S. C., sec. 715.)

1170. Migratory Bird Conservation Commission.—That a commission to be known as the Migratory Bird Conservation Commission, consisting of the Secretary of Agriculture, as chairman, the Secretary of Commerce, the Secretary of the Interior, and two Members of the Senate, to be selected by the President of the Senate, and two Members of the House of Representatives to be selected by the Speaker, is hereby created and authorized to consider and pass upon

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any area of land, water, or land and water that may be recommended by the Secretary of Agriculture for purchase or rental under this Act, and to fix the price or prices at which such area may be purchased or rented; and no purchase or rental shall be made of any such area until it has been duly approved for purchase or rental by said commission. Any Member of the House of Representatives who is a member of the commission, if reelected to the succeeding Congress, may serve on the commission notwithstanding the expiration of a Congress. Any vacancy on the commission shall be filled in the same manner as the original appointment. The ranking officer of the branch or department of a State to which is committed the administration of its game laws, or his authorized representative, and in a State having no such branch or department, the governor thereof, or his authorized representative, shall be a member ex officio of said commission for the purpose of considering and voting on all questions relating to the acquisition, under this Act, of areas in his State. (Feb. 18, 1929, sec. 2, 45 Stat. 1222; 16 U. S. C., sec. 715a.)

1171. Annual report.—That the commission hereby created shall, through its chairman, annually report in detail to Congress, not later than the first Monday in December, the operations of the commission during the preceding fiscal year. (Feb. 18, 1929, sec. 3, 45 Stat 1223; 16 U.S. C., sec. 715b.)

1172. Areas recommended for approval; character.—That the Secretary of Agriculture shall recommend no area for purchase or rental under the terms of this Act except such as he shall determine is necessary for the conservation of migratory game birds. (Feb. 18, 1929, sec. 4, 45 Stat. 1223; 16 U.S. C., sec. 715c.)

1173. Purchase or rental of approved areas; gifts; devises; United States lands. That the Secretary of Agriculture is authorized to purchase or rent such areas as have been approved for purchase or rental by the commission, at the price or prices fixed by said commission, and to acquire by gift or devise, for use as inviolate sanctuaries for migratory birds, areas which he shall determine to be suitable for such purposes, and to pay the purchase or rental price and expenses incident to the location, examination, and survey of such areas and the acquisition of title thereto, including options when deemed neces. sary by the Secretary of Agriculture, from moneys to be appropriated hereunder by Congress from time to time: Providei, That no lands acquired, held, or used by the United States for military purposes shall be subject to any of the provisions of this Act. (Feb. 18, 1929, sec. 5, 45 Stat. 1223; 16 U. S. C., sec. 715d.)

1174. Same; examination of title; easements and reservations: rules and regulations relating thereto.—That the Secretary of Agriculture may do all things and make all expenditures necessary to secure the safe title in the United States to the areas which may be acquired under this Act, but no payment shall be made for any such areas until the title thereto shall be satisfactory to the Attorney General, but the acquisition of such areas by the United States shall in no case be defeated because of rights-of-way, easements, and reservations which from their nature will in the opinion of the Secretary of Agriculture in no manner interfere with the use of the areas so encumbered for the purposes of this Act; but such rights-of-way, easements, and reservations retained by the grantor or lessor from

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