421 



merged -Lands Act or otherwise provided by law, or 

 to supersede any regulatory authority over fisheries 

 exercised by the States either Individually or under 

 interstate compacts; or (2) to interfere in any man- 

 ner with the authority exercised by any Interna- 

 tional Commission established under any treaty or 

 convention to which the United States is a party. 

 (Aug. 8, 1956. ch. 1036. § 10, 70 Stat. 1124.) 



§742j. Appropriations. 



There are hereby authorized to be appropriated 

 such sums as may be necessary to carry out the pro- 

 visions of sections 742a to 742d. and 742e to 742J of 

 this title. (AUg. 8. 1956, ch. 1036. § 11. 70 Stat. 1124.) 



§§ 742b to 742d, 742e to 742i. 



Teansfer of Functions 

 The effective date ol Reorg. Plan No. 4 of 1970, referred 

 to In the notes under these sections In the 1970 ed. 

 of the Code. Is Oct, 3, 1970. and not Oct. 30, 1970, as 

 shown therein. 



§ 742J-1. Airborne hunting. 



(a) Prohibition; penalty. 



Any person who — 



(1) while airborne In an aircraft shoots or at- 

 tempts to shoot for the purpose of capturing or 

 killing any bird, fish, or other animal; or 



(2) uses an aircraft to harass any bird, fish, or 

 other animal; or 



(3) knowingly participates in using an aircraft 

 for any purpose referred to in paragraph (1) or 

 (2); 



shall be fined not more than $5,000 or imprisoned 

 not more than one year, or both. 



(b) Exception; report of State to Secretary. 



(1) This section shall not apply to any person If 

 such person is employed by, or Is an authorized 

 agent of or is operating under a license or permit of, 

 any State or the United States to administer or 

 protect or aid in the administration or protection 

 of land, water, wildlife, livestock, domesticated ani- 

 mals, human life, or crops, and each such person 

 so operating under a license or permit shall report 

 to the applicable issuing authority each calendar 

 quarter the number and type of animals so taken. 



(2) In any case in which a State, or any agency 

 thereof. Issues a permit referred to in paragraph 

 (1) of this subsection, it shall file with the Secre- 

 tary of the Interior an annual repwrt containing 

 such Information as the Secretary shaU prescribe, 

 including but not limited to — 



(A) the name and address of each person to 

 whom a permit was Issued; 



(B) a description of the e^mals authorized 

 to be taken thereunder, the number of animals 

 authorized to be taken, and a description of the 

 area from which the animals are authorized to 

 be taken; 



(C) the number and type of animals taken by 

 such person to whom a permit was issued; and 



(D) the reason for issuing the permit. 



(c) "Aircraft" defined. 



As used in this section, the term "aircraft" meeuis 

 any contrivance used for flight in the air. 



(d) Enforcement; regulations; arrest; search; is- 

 suance and execution of warrants and process; 

 cooperative agreements. 



The Secretary of the Interior shall enforce the 

 provisions of this section and shall promulgate such 

 regulations as he deems necessary ana appropriate 

 to carry out such enforcement. Any employee of the 

 Department of the Interior authorized by the Secre- 

 tary of the Interior to enforce the provisions of this 

 section may, without warrant, arrest any person 

 committing in his presence or view a violation of this 

 section or of any regulation issued hereunder and 

 take such person immediately for examination or 

 trial before an officer or court of competent jurisdic- 

 tion; may execute any warrant or other process 

 issued by an officer or court of competent Jurisdiction 

 for the enforcement of the provisions of this section: 

 and may, with or without a warrant, as authorized 

 by law, search any place. The Secretary of the 

 Interior is authorized to enter into cooperative agree- 

 ments with State flsh and wildlife agencies or other 

 appropriate State authorities to facilitate enforce- 

 ment of this section, and by such agreements to 

 delegate such enforcement authority to State law 

 enforcement personnel as he deems appropriate for 

 effective enforcement of this section. Any Judge of 

 any court established under the laws of the United 

 States, and any United States magistrate may, within 

 his respective Jurisdiction, upon proper oath or 

 affirmation showing probable cause, issue warrants 

 in all such cases. 



(e) Forfeiture. 



All birds, flsh, or other animals shot or captured 

 contrary to the provisions of this section, or of any 

 regulation issued hereunder, and all guns, aircraft, 

 and other equipment used to aid in the shooting, 

 attempting to shoot, capturing, or harassing of any 

 bird, flsh, or other animal in violation of this section 

 or of any regulation issued hereunder shall be sub- 

 ject to forfeiture to the United States. 



(f) Certain customs laws applied. 



All provisions of law relating to the seizure, for- 

 feiture, and condemnation of a vessel for violation 

 of the customs laws, the disposition of such vessel 

 or the proceeds from the sale thereof, and the remis- 

 sion or mitigation of such forfeitures, shall apply 

 to the seizures and forfeitures Incurred, or alleged 

 to have been incurred, under the provisions of this 

 section. Insofar as such provisions of law are appli- 

 cable and not inconsistent with the provisions of this 

 section; except that all powers, rights, and duties 

 conferred or imposed by the customs laws upon any 

 officer or employee of the Treasury Department 

 shall, for the purposes of this section, be exercised 

 or performed by the Secretary of the Interior or by 

 such persons as he may designate. (Aug. 8, 1956, ch. 

 1036, § 13. as added Nov. 18, 1971, Pub. L. 92-159, 

 § 1, 85 Stat. 480, and amended Oct. 18, 1972, Pub. L. 

 92-502, 86 Stat. 905.) 



Amendments 

 1972— Subsecs. (d)-(f). Pub. L. 92-603 added subsecs. 



