435 



velopment of sound policies for the management of 

 forest lands and the harvesting and marketing of 

 forest products: and (8) such other studies as may be 



necessary to obtain the fullest and most effective 

 use of forest resources. (Pub. L. 87-788. § 7, Oct. 10, 

 1962, 76 Stat. 807.) 



14. General Criminal Provisions Relating to Fish and Wildlife 



18 U.S.C. 41^4, 47, 1165, 3054, 3112 



Sac. 



41. Bunting, flahlng, trapping: disturbance or Injur; 

 on wildlife refuges. 



43.' Importation of Injurious animals and birds; per- 

 mits; specimens for museums. 



43.' Transportation or Importation In violation of 

 state, national, or foreign laws. 



44. Marking paclcages or containers. 



47.' Use of aircraft or motor vehicles to bunt certain 

 wUd horses or burros. 



116S. Hunting, trapping, or flshlng on Indian land. 



19BS— Pub. L. 80-334, I 1(b), Sept. 8, 1950, 73 SUt. 470. 

 added Item 47. 



1956— Act Aug. 1, 1956, ch. 825, 13 (b), 70 Stat. 7M. 

 substituted the heading "Chapter 3. — Animals, Birds, Fish, 

 and Plants" for "Chapter 3. — Animals, Birds, and Fish" 

 end added Item 46. 



§41. Hunting, fishing, trapping; disturbance or injury 

 on wildlife refuges. 



Whoever, except in compliance with rules and 

 regulations promulgated by authority of law. hunts, 

 traps, captures, willfully disturbs or kills any bird, 

 {\st\, or wild animal of any kind whatever, or takes 

 or destroys the eggs or nest of any such bird or fish, 

 on any lands or waters which are set apart or re- 

 served as sanctuaries, refuges or breeding grounds 

 for such birds, fish, or animals under any law of the 

 United States or willfully Injures, molests, or destroys 

 any property of the United States on any such lands 

 or waters, shall be fined not more than $500 or Im- 

 prisoned not more than six months, or both. (June 

 25; 1948, ch. 645. 62 Stat. 686.) 



§42. Importation or shipment of injurious mammals, 

 birds, fish (including mollusks and Crustacea), am- 

 phibia, and reptiles; permits, specimens for mu- 

 seums; regulations. 



(a)(1) The importation into the United States, 

 any territory of the United States, the District of 

 Columbia, the Commonwealth of Puerto Rico, or 

 any possession of the United States, or any ship- 

 ment between the continental United States, the 

 District of Columbia, Hawaii, the Commonwealth of 

 Puerto Rico, or any possession of the United States, 

 of the mongoose of the species Herpestes auropunc- 

 tatus; of the species of so-called "flying foxes" or 

 fruit bats of the genus Pteropus; and such other 

 species of wild mammals, wild birds, flsh (including 

 mollusks and Crustacea), amphibians, reptiles, or 

 the offspring or eggs of vny of the foregoing which 

 the Secretary of the Interior may prescribe by regu- 

 lation to be injurious to human beings, to the in- 

 terests of agriculture, horticulture, forestry, or to 

 wildlife or the wildlife resources of the United 

 States, is hereby prohibited. All such prohibited 

 mammals, birds, flsh (including mollusks and crus- 



•Catchllne amended by Pub. L. 86-703, Sept. 3, 1960, 

 74 Stat. 754, without amending an&lysls. 

 > So In original. Does not conform to section catchllne. 



tacea) amphibians, and reptiles, and the eggs or 

 offspring therefrom, shall be promptly exported or 

 destroyed at the expense of the Importer or con- 

 signee. Nothing In this section shall be construed 

 to repeal or modify any provision of the Public 

 Health Service Act or Federal Food, Drug, and 

 Cosmetic Act. Also, this section shall not authorize 

 any action with respect to the Importation of any 

 plant pest as defined In the Federal Plant Pest Act, 

 insofar as such importation is subject to regulation 

 under that Act. 



(2) As used in this subsection, the term "wild" 

 relates to any creatures that, whether or not raised 

 In captivity, normally are found in a wild state: 

 and the terms "wildlife" and "wildlife resources" 

 include those resources that comprise wild mam-i 

 mals, wild birds, flsh (including mollusks and Crus- 

 tacea), and all other classes of wild creatures 

 whatsoever, and all types of aquatic and land vege- 

 tation upon which such wildlife resources are 

 flependent . 



(3) Notwithstanding the foregoing, the Secretary 

 of the Interior, when he finds that there has been 

 a proper showing of responsibility and continued 

 protection of the public interest and health, shall 

 permit the importation for zoological, educational, 

 medical, and scientific purposes of any witttnm^u 

 birds, flsh (Including mollusks and Crustacea), 

 amphibia, and reptiles, or the offspring or eggs 

 thereof, where such importation would be prohibited 

 otherwise by or pursuant to this Act, and this Act 

 shall not restrict importations by Federal agencies 

 for their own use. 



(4) Nothing in this subsection shall restrict the 

 importation of dead natural-history q>eclmens for 

 museums or for sclentlflc collections, or the Importa- 

 tion of domesticated canaries, i>arrots (Including 

 all other si>ecies of i>slttacine birds) , or such other 

 cage birds as the Secretary of the Interior may 

 designate. 



(6) The Secretary of the Treasury and the Sec- 

 retary of the Interior shall enforce the provisions 

 of this subsection, including any regulations issued 

 hereunder, and, if requested by the Secretary of the 

 Interior, the Secretary of the Treasury may require 

 the furnishing of an appropriate bond when desir- 

 able to insure compliance with such provisions. 



(b) Whoever violates this section, or any regula- 

 tion issued pursuant thereto, shall be flned not more 

 than $500 or Imprisoned not more than six months, 

 or both. 



(c) The Secretary of the Treasury shall prescribe 

 such requirements and issue such permits as he may 

 deem necessary for the transportation of wild ani- 

 mals and birds under humane and healthful condi- 

 tions, and it shall be unlawful for any person, 

 including any Importer, knowingly to cause or permit 

 any wild animal or bird to be transported to the 

 United States, or any Territory or district thereof. 



