438 



of seizure, and return of property to owner; 



Subsec. (f). Incorporating the substance of existing 

 provisions In pars. (3)-(6) ; extending coverage In par. (3) 

 beyond wild animals and wild life to Include any am- 

 phibian, reptile, mollusk, or crustacean, or any part, egg. 

 or offspring thereof, or the dead body or parts thereof, 

 but to exclude migratory birds protected by the Migra- 

 tory Bird Treaty, as amended: excluding in par. (♦) refer- 

 ence to "territory" and substituting "American Samoa, 

 the Virgin Islands, and Guam" for "possession of the 

 United States"; and using In par. (6) the generic "taken" 

 for previously synonymous terms "captured, killed, col- 

 lected, or otherwise possessed". 



I9fl0 — Pub. L. 86-702 substituted "Trantportatlon of 

 wildlife taken In violation of State, National, or foreign 

 laws; receipt; making false records" for "Transportation 

 or Importation In violation of State. National, or foreign 

 laws" In the catchllne, and in the text Included shipping 

 by any means, enumerated the forbidden areas as any 

 State, territory, the District of Columbia, Puerto Rico, 

 possessions, or foreign countries, specified mammals or 

 birds of any kind, and their offeprlng, extended the pro- 

 hibitions to those Imposed by regulations Issued pursuant 

 to federal or state law, further Included those who re- 

 ceive, acquire, or purchase, knowingly, such prohibited 

 objects, and forbade false labeling or Identification of 

 such objects. 



§ 44. Marking packages or containers. 



Whoever ships, transports, carries, brings or con- 

 veys in interstate or foreign commerce any paclcage 

 containing any wild mammal, wild bird, amphibian, 

 or reptile, or any moUusk or crustacean, or the dead 

 body or parts of eggs thereof, without plainly marlc- 

 Ing, labeling, or tagging such paclcage with the names 

 and addresses of the shipper and consignee and with 

 an accurate statement showing the contents by num- 

 ber and Icind; or 



Whoever ships, transports, carries, brings or con- 

 veys In interstate commerce, any package containing 

 migratory birds Included in any convention to which 

 the United States is a party, without marking, label- 

 ing, or tagging such package as prescribed In such 

 convention, or Act of Congress, or regulation there- 

 under; or 



Whoever ships, transports, carries, brings or con- 

 veys in interstate commerce any package containing 

 furs, hides, or skins of wild animals without plainly 

 marking, labeling, or tagging such package with the 

 names and addressee of the shipper and consignee— 



Shall be fined not more than $600 or imprisoned 

 not more than six months, or both; and the shipment 

 shall be forfeited. 



In any case where the marking, labeling, or tagging 

 of a package under this section indicating in any 

 way the contents thereof would create a significant 

 possibility of theft of the package or its contents, the 

 Secretary of the Interior may, upon request of the 

 owner thereof or his agent or by regulation, provide 

 some other reasonable means of notifying appro- 

 priate authorities of the contents of such packages. 

 (June 25, 1948, ch. 645, 62 Stat. 687; Dec. 5, 1969, Pub. 



L. 91-135. § 8, 83 Stat. 281.) 



Amendmsnts 



1969 — Pub. L. 91-136 extended the protection of the first 

 par., substituting "any wild mammal, wild bird, amphib- 

 ian, or reptile, or any mollusk or crustacean, or the dead 

 body or parts or eggs thereof" for "wild «nimiti« or birds, 

 or the dead bodies or parts thereof," and authorized the 

 Secretary to provide some other reasonable means for 

 persona to notify the appropriate authorities of the con- 



tents of packages when It appears that marking, labeling, 

 or tagging of such packages would create a significant 

 possibility of theft of the packages or Its contents, 

 respectively. 



§ 47. Use of aircraft or motor vehicles to hunt cer- 

 tain wild horses or burros; pollution of watering 

 holes. 



(a) Whoever uses an aircraft or a motor vehicle 

 to hunt, for the purpose of capturing or killing, any 

 wild unbranded horse, mare, colt, or burro running 

 at large on any of the public land or ranges shall be 

 fined not more than $500, or imprisoned not more 

 than six months, or both. 



(b) Whoever pollutes or causes the pollution of 

 any watering hole on any of the public land or 

 ranges for the purpose of trapping, killing, wound- 

 ing, or maiming any of the animals referred to in 

 subsection (a) of this section shall be fined not more 

 than $500, or imprisoned not more than six months, 

 or both. 



(c) As used in subsection (a) of this section — 



(1) The term "aircraft" means any contrivance 

 used for flight in the air ; and 



(2) The term "motor vehicle" includes an auto- 

 mobile, automobile truck, automobile wagon, 

 motorcycle, or any other self-propelled vehicle 

 designed for running on land. 



(Added Pub. L. 86-234, § 1(a), Sept. 8, 1959, 73 Stat. 

 470.) 



§ 1165. Hunting, trapping, or fishing on Indian land. 



Whoever, without lawful authority or permission, 

 willfully and knowingly goes upon any land that 

 belongs to any Indian or Indian tribe, band, or group 

 and either are held by the United States in trust or 

 are subject to a restriction against alienation im- 

 posed by the United States, or upon any lands of the 

 United States that are reserved for Indian use, for 

 the purpose of hunting, trapping, or fishing thereon, 

 or for the removal of game, peltries, or fish there- 

 from, shall be fined not more than $200 or im- 

 prisoned not more than ninety days, or both, and 

 all game, fish, and peltries in his possession shall be 

 forfeited. (Added Pub. L. 86-034. § 2, July 12, 1960, 

 74 Stat. 469.) 



§3054. OBBcer's powers involving animals and birds. 



Any employee authorized by the Secretary of the 

 Interior to enforce sections 42, 43, and 44 of tliis title, 

 and any officer of the customs, may arrest any person 

 who violates section 42 or 44, or who such employee 

 or officer of the customs has probable cause to be- 

 lieve is knowingly and willfully violating section 43, 

 in liis presence or view, and may execute any warrant 

 or other process issued by an officer or court of com- 

 petent Jurisdiction to enforce the provisions of said 

 sections. (June 25, 1948, ch. 645, 62 Stat. 817; Dec. 5, 

 1969, Pub. L. 91-135, S 7(b), 83 Stat. 281.) 



Amendment 

 1969 — Pub. L. 91-135 provided for enforcement of section 

 42 of this title and substituted "any person who violates 

 section 42 or 44, or who such employee or officer of the 

 customs has probable cause to believe Is knowingly and 

 willfully violating section 43," for "any person violating 

 said sections". 



