904 



718c Compliance with treaty regulations and State game 



laws. 

 718d. Disposition of receipts from sale of stamp. 



(a) Advance allotments to Post OfBce. 



(b) Acquisition of bird refuges. 



(c) Waterfowl Production Areas. 

 718e. Offenses. 

 718f Enforcement; authority of United States Judges. 



commissioners, and employees of Department of 



the Interior. 

 718g. Penalties. 



718h. Cooperation with states and territories. 

 7181. Repealed. 



GENERALLY 



S701. Game and wild birds; preservation. 



The duties and powers of the Department of the 

 Interior include the preservation, distribution, intro- 

 duction, and restoration of game birds and other 

 wild birds. The Secretary of the Interior is author- 

 ized to adopt such measures as may be necessary 

 to carry out the purposes of this section and section 

 6676 of this title, 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 

 section and section 667e of this title, 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 the Interior shall from time to 

 time collect and publish useful information as to 

 the propagation, uses, and preservation of such 



birds. 



And the Secretary of the Interior shall make 

 and publish all needful rules and regulations for 

 carrying out the purposes of said sections, and shall 

 expend for said purposes such sums as Congress 

 may appropriate therefor. iMay 25, 1900, ch. 553, 

 I 1, 31 Stat. 187; 1939 Reorg. Plan No. II, § 4 (f), eft. 

 July 1, 1939, 4 P. R. 2731. 53 Stat. 1433.) 



§ 702. Importation of eggs of game birds for propa- 

 gation. 



The Secretary of the Interior shall have the power 

 to authorize the importation of eggs 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, ch. 983, 32 Stat. 285; 1939 Reorg. Plan 

 No. n, § 4 (f), eft. July 1, 1939, 4 P. R. 2731, 53 Stat. 

 1433.) 



§ 703. Takins, killing, or possessing migratory birds 

 unlawful. 

 Unless and except as permitted by regulations 

 made as hereinafter provided in sections 702 to 711 

 of this title, it shall be unlawful at any time, by any 

 means or in any manner, to pursue, hunt, take, 

 capture, kill, attempt to take, capture, or kill, pos- 

 sess, offer for sale, sell, offer to barter, barter, offer 

 to purchase, purchase, deliver for shipment, ship, 

 export, import, cause to be shipped, exported, or im- 

 ported, deliver for transportation, transport or cause 

 to be transported, carry or cause to be carried, or 

 receive for shipment, transportation, carriage, or ex- 



port, any migratory bird, any part, nest, or eggs of 

 any such bird, or any product, whether or not manu- 

 factured, which consists, or is composed In whole 

 or part, of any such bird or any part, nest, or egg 

 thereof, included in the terms of the conventions 

 between the United States and Great Britain for the 

 protection of migratory birds concluded August 16, 

 1916 (39 Stat. 1702), the United States and the 

 United Mexican States for the protection of migra- 

 tory birds and game mammals concluded Febru- 

 ary 7, 1936, and the United States and the Govern- 

 ment of Japan for the protection of migratory birds 

 and birds in danger of extinction, and their en- 

 vironment concluded March 4, 1972. (As amended 

 June 1, 1974, Pub. L. 93-300, § 1. 88 Stat. 190.) 



Amendments 

 1974 — Pub. L. 93-300 substituted "any part, nest, or 

 eggs of any such Mrd, or a:iy product. whe:her or not 

 manufactured, which consists, or Is composed in whole 

 or part, of any such bird or any part, nest, cr egg thereof" 

 for "any part, nest, or egg of any such birds", and in- 

 cluded the convention between the United States and 

 the Goveriunent of Japan concluded March 4, 1972. 



§ 704. Determination as to when and how migratory 

 birds may be taken, killed, or possessed. 



Subject to the provisions and in order to carry 

 out the purposes of the conventions, referred to in 

 section 703 of this title, the Secretary of the Interior 

 is authorized and directed, from time to time, hav- 

 ing due regard to the zones of temperature and to 

 the distribution, abundance, economic value, breed- 

 ing 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 conventions 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 suit- 

 able regulations permitting and governing the same, 

 in accordance with such determinations, which regu- 

 lations shall become effective when approved by the 

 President. (July 3, 1918, ch. 128, §3, 40 Stat. 755; 

 June 20, 1936, ch. 634, § 2, 49 Stat. 1556; 1939 Reorg. 

 Plan No. n, § 4 (f), eff. July 1. 1939, 4 F, R. 2731. 



53 Stat. 1433.) 



Amendments 

 1936 — Act June 20, 1936, substituted "conventions" for 

 "convention" wherever appearing. 



§705. Transportation or importation of migratory 

 birds; when unlawful. 

 It shall be imlawful 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 dis- 

 trict 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, 



