any watering hole on any of the public land or ranges for the purpose of trapping, killing, wounding, 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 automobile, 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 imposed 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 therefrom, shall be fined not more than $200 or imprisoned not more than ninety days, or both, and all game, fish, and peltries in his possession shall be forfeited. (Added Pub. L. 86-634, § 2, July 12, 1960, 74 Stat. 469.) § 3054. Officer's powers involving animals and birds. Any employee authorized by the Secretary of the Interior to enforce sections 42, 43, and 44 of this 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 believe is knowingly and willfully violating section 43, in his presence or view, and may execute any warrant or other process issued by an officer or court of competent jurisdiction to enforce the provisions of said sections. (June 25, 1948, ch. 645, 62 Stat. 817; Dec. 5, 1969, Pub. L. 91-135, § 7(b), 83 Stat. 281.) LEGISLATIVE HISTORY Reviser's Note.-Based on title 18, U. S. C., 1940 ed., § 393a (June 15, 1935, ch. 261, title II, § 202, 49 Stat. 381; Reorg. Plan No. II, § 4 (f), 4 F. R. 2731, 53 Stat. 1433). 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". EFFECTIVE DATE OF 1969 AMENDMENT Amendment by Pub. L. 91-135 effective 180 days after Dec. 5, 1969, see section 11 of Pub. L. 91-135, set out as a note under section 668cc-1 of Title 16, Conservation. §3112. Search warrants for seizure of animals, birds or eggs. Any employee authorized by the Secretary of the Interior to enforce sections 42, 43, and 44 of this title, and any officer of the customs, shall have authority to execute any warrant to search for and seize any wildlife, product, property, or item used or possessed in connection with a violation of section 42 or 44, or in connection with a knowing and willful violation of section 43, and any such wildlife, product, property, or item so seized shall be held by him or by the United States marshal pending disposition thereof by the court. (June 25, 1948, ch. 645, 62 Stat. 820; Dec. 5, 1969, Pub. L. 91-135, § 7(c), 83 Stat. 281.) LEGISLATIVE HISTORY Reviser's Note.-Based on title 18, U. S. C., 1940 ed., § 393a (June 15, 1935, ch. 261, title II, § 202, 49 Stat. 381; Reorg. Plan No. II, § 4 (f), 4 F. R. 2731, 53 Stat. 1433). Section 393a of title 18, U. S. C., 1940 ed., was incorporated in this section and sections 43, 44, and 3054 of this title. Only such changes of phraseology were made as were necessary to make this section conform with Rule 41 of the Federal Rules of Criminal Procedure. AMENDMENTS 1969-Pub. L. 91-135 provided for enforcement of section 42 of this title and substituted "property used or possessed in connection with a violation of section 42 or 44, or in connection with a knowing and willful violation of section 43," for "property used or possessed in violation of said sections". EFFECTIVE DATE of 1969 AMENDMENT Amendment by Pub. L. 91-135 effective 180 days after Dec. 5, 1969, see section 11 of Pub. L. 91-135, set out as a note under section 668cc-1 of Title 16, Conservation. 5. Importation of Wild Mammals and Birds 19 U.S.C. 1527 § 1527. Importation of wild mammals and birds in violation of foreign law. (a) Importation prohibited. If the laws or regulations of any country, dependency, province, or other subdivision of government restrict the taking, killing, possession, or exportation to the United States, of any wild mammal or bird, alive or dead, or restrict the exportation to the United States of any part or product of any wild mammal or bird, whether raw or manufactured, no such mammal or bird, or part or product thereof, shall, after the expiration of ninety days after June 17, 1930, be imported into the United States from such country, dependency, province, or other subdivision of government, directly or indirectly, unless accompanied by a certification of the United States consul, for the consular district in which is located the port or place from which such mammal or bird, or part or product thereof, was exported from such country, dependency, province, or other subdivision of government, that such mammal or bird, or part or product thereof, has not been acquired or exported in violation of the laws or regulations of such country, de pendency, province, or other subdivision of government. (b) Forfeiture. Any mammal or bird, alive or dead, or any part or product thereof, whether raw or manufactured, imported into the United States in violation of the provisions of the preceding subdivision shall be subject to seizure and forfeiture under the customs laws. Any such article so forfeited may, in the discretion of the Secretary of the Treasury and under such regulations as he may prescribe, be placed with the departments or bureaus of the Federal or State Governments, or with societies or museums, for exhibition or scientific or educational purposes, or destroyed, or (except in the case of heads or horns of wild mammals) sold in the manner provided by law. (c) Section not to apply in certain cases. The provisions of this section shall not apply in the case of (1) Prohibited importations. Articles the importation of which is prohibited under the provisions of this chapter, or of section 391 of Title 18, or of any other law; (2) Scientific or educational purposes. Wild mammals or birds, alive or dead, or parts or products thereof, whether raw or manufactured, imported for scientific or educational purposes; (3) Certain migratory game birds. Migratory game birds (for which an open season is provided by the laws of the United States and any foreign country which is a party to a treaty with the United States, in effect on the date of importation, relating to the protection of such migratory game birds) brought into the United States by bona fide sportsmen returning from hunting trips in such country, if at the time of importation the possession of such birds is not prohibited by the laws of such country or of the United States. (June 17, 1930, ch. 497, title IV, § 527, 46 Stat. 741.) REFERENCES IN TEXT Section 391 of Title 18, referred to in subsec. (c) (1), was repealed by act June 25, 1948, ch. 645, § 21, 62 Stat. 862, eff. Sept. 1, 1948, and is now covered by section 42 of Title 18, Crimes and Criminal Procedure. SECTION REFERRED TO IN OTHER SECTIONS 6. Studies of Wildlife in National Forests § 581d. Life histories and habits of forest animals, birds, and wildlife; appropriation for experiments and investigations. For such experiments and investigations as may be necessary in determining the life histories and habits of forest animals, birds, and wildlife, whether injurious to forest growth or of value as supplemental resource, and in developing the best and most effective methods for their management and control at forest experiment stations, or elsewhere, there is authorized to be appropriated annually, out of any money in the Treasury not otherwise appropriated, not more than $150,000. (May 22, 1928, ch. 678, § 5, 45 Stat. 701.) TRANSFER OF FUNCTIONS Functions of Secretary of Agriculture relating to conservation of wildlife, game, and migratory birds were transferred to Secretary of the Interior by 1939 Reorg. Plan No. II, § 4 (f), eff. July 1, 1939, 4 F. R. 2731, 53 Stat. 1433, set out in the Appendix to Title 5, Government Organization and Employees. SECTION REFERRED TO IN OTHER SECTIONS 7. Wildlife Control Program § 426. Predatory and other wild animals; eradication The Secretary of Agriculture is authorized and directed to conduct such investigations, experiments, and tests as he may deem necessary in order to determine, demonstrate, and promulgate the best methods of eradication, suppression, or bringing under control on national forests and other areas of the public domain as well as on State, Territory, or privately owned lands of mountain lions, wolves. coyotes, bobcats, prairie dogs, gophers, ground squirrels, jack rabbits, and other animals injurious to agriculture, horticulture, forestry, animal husbandry, wild game animals, fur-bearing animals, and birds, and for the protection of stock and other domestic animals through the suppression of rabies and tularemia in predatory or other wild animals; and to conduct campaigns for the destruction or control of such animals: Provided, That in carrying out the provisions of this section the Secretary of Agriculture may cooperate with States, individuals, and public and private agencies, organizations, and institutions. (Mar. 2, 1931, ch. 370, § 1, 46 Stat. 1468.) TRANSFER OF FUNCTIONS Functions of Secretary of Agriculture administered through the Bureau of Biological Survey, relating to conservation of wildlife, game, and migratory birds were transferred to Secretary of Interior by 1939 Reorg. Plan No. II, 4 (f), eff. July 1, 1939, set out in the Appendix to Title 5, Government Organization and Employees. See also sections 401-404 of said plan for provisions relating to transfer of functions, records, property, personnel, and funds. SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 426b of this title. § 426a. Same; appropriations. CODIFICATION Section, act Mar. 2, 1931, ch. 370, § 2, 46 Stat. 1469, related to authorization of $1,000,000, per year for fiscal years 1932-1941, inclusive. § 426b. Same; expenditures; execution of functions by Secretary. The Secretary of Agriculture is authorized to make such expenditures for equipment, supplies, and materials, including the employment of persons and means in the District of Columbia and elsewhere, and to employ such means as may be necessary to execute the functions imposed upon him by section 426 of this title. (Mar. 2, 1931, ch. 370. § 3. 46 Stat. 1469.) WILDLIFE CONSERVATION AND DEVELOPMENT 1. Protection of Bald and Golden Eagles 16 U.S.C. 668-668d Whoever, within the United States of any place subject to the jurisdiction thereof, without being permitted to do so as provided in sections 668 to 668d of this title, shall take, possess, sell, purchase, barter, offer to sell, purchase or barter, transport, export or import, at any time or in any manner, any bald eagle commonly known as the American eagle, or any golden eagle, alive or dead, or any part, nest, or egg thereof of the foregoing eagles, shall be fined not more than $500 or imprisoned not more than six months or both: Provided, That nothing in said sections shall be construed to prohibit possession or transportation of any bald eagle, alive or dead, or any part, nest, or egg thereof, lawfully taken prior to June 8, 1940, and that nothing in said sections shall be construed to prohibit possession or transportation of any golden eagle, alive or dead, or any part, nest, or egg thereof, lawfully taken prior to the addition to said sections of the provisions relating to preservation of the golden eagle. (June 8, 1940; ch. 278, § 1, 54 Stat. 250; June 25, 1959, Pub. L. 86-70, § 14, 73 Stat. 143; Oct. 24, 1962, Pub. L. 87-884, 76 Stat. 1246.) REFERENCES IN TEXT Prior to the addition to said sections of the provisions relating to preservation of the golden eagle, referred to in the text, means prior to Oct. 24, 1962, the date such provisions were enacted by Pub. L. 87-884 as an amendment of this section and section 668a of this title. AMENDMENTS 1962-Pub. L. 87-884 extended the prohibitions against the enumerated acts to the golden eagle and changed the proviso by substituting "bald eagle", "June 8, 1940" and "and that nothing in said sections shall be construed to prohibit possession or transportation of any golden eagle, alive or dead, or any part, nest, or egg thereof, lawfully taken prior to the addition to said sections of the provisions relating to preservation of the golden eagle" for "such eagle," "the effective date of said sections" and "but the proof of such taking shall lie upon the accused in any prosecution under said sections", respectively. 1959-Pub. L. 86-70 eliminated words "except the Territory of Alaska," which followed "subject to the jurisdiction thereof,". SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 668b, 668c, 668d of this title. § 668a. Same; taking and using for scientific, exhibition and religious purposes. Whenever, after investigation, the Secretary of the Interior shall determine that it is compatible with the preservation of the bald eagle or the golden eagle to permit the taking, possession, and transportation of specimens thereof for the scientific or exhibition purposes of public museums, scientific societies, and zoological parks, or for the religious purposes of Indian tribes, or that it is necessary to permit the taking of such eagles for the protection of wildlife or of agricultural or other interests in |