a violation of section 690d of this title or of any regulation made pursuant thereto, and to take such person immediately for examination or trial before an officer or court of competent jurisdiction, and (2) shall have power to execute any warrant or other process issued by an officer or court of competent jurisdiction to enforce the provisions of said section or regulations made pursuant thereto. Any judge of a court established under the laws of the United States, or any United States commissioner may, within his respective jurisdiction, upon proper oath or affirmation showing probable cause, issue warrants in all such cases.

(b) All birds or animals, or parts thereof, captured, injured, or killed, and all grass and other natural growths, and nests and eggs of birds removed contrary to the provisions of section 690d of this title or any regulation made pursuant thereto, shall, when found by such employee or by any marshal or deputy marshal, be summarily seized by him, and upon conviction of the offender or upon judgment of a court of the United States that the same were captured, killed, taken, or removed contrary to the provisions of said section or of any regulation made pursuant thereto, shall be forfeited to the United States and disposed of as directed by the court having jurisdiction. (Apr. 23, 1928, ch. 413, § 6, 45 Stat. 449; 1939 Reorg. Plan No. II, § 4 (f), eff. July 1, 1939, 4 F. R. 2731, 53 Stat. 1433.)

TRANSFER OF FUNCTIONS

Transfer of functions of Secretary of Agriculture to Secretary of the Interior, see note under section 671 of this title.

§ 690f. Same; expenditures by Secretary of the Interior for construction, maintenance, etc.; employment of necessary means to execute functions imposed on him.

The Secretary of the Interior is authorized to make such expenditures for construction, equipment, maintenance, repairs, and improvements, including necessary investigations, and expenditures for personal services and office expenses at the seat of government and elsewhere, and to employ such means as may be necessary to execute the functions imposed upon him by this section or sections 690-690e of this title and as may be provided for by Congress from time to time. (Apr. 23, 1928, ch. 413, § 7, 45 Stat. 449; 1939 Reorg. Plan No. II, § 4 (f), eff. July 1, 1939, 4 F. R. 2731, 53 Stat. 1433.)

TRANSFER OF FUNCTIONS

Transfer of functions of Secretary of Agriculture to Secretary of the Interior, see note under section 671 of this title.

§ 690g. Same; violation of laws and regulations; penalties.

Any person who shall violate or fail to comply with any provision of, or any regulation made pursuant to sections 690d-690f of this title shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined not more than $500 or be imprisoned not more than six months, or both. (Apr. 23, 1928, ch. 413, § 9, 45 Stat. 450.)

§ 690h. Same; "person" defined.

As used in sections 690c, 690d, 690e, and 690g of this title the term "person" includes an individual, partnership, association, or corporation. (Apr. 23, 1928, ch. 413, § 10, 45 Stat. 450.) § 690i. Same; appropriation.

CODIFICATION

Section, act Apr. 23, 1928, ch. 413, § 8, 45 Stat. 450, authorized the appropriation of $350,000 for purposes of sections 690-690h of this title, including $50,000 for purchase of land and improvements thereon.

§ 691. Cheyenne Bottoms Migratory Bird Refuge; location; acquisition of land.

The Secretary of the Interior is authorized to acquire by purchase, gift, or lease not to exceed twenty thousand acres of land in what is known as the Cheyenne Bottoms, in Barton County, Kansas, or, in lieu of purchase, to compensate any owner for any damage sustained by reason of submergence of his lands. (June 12, 1930, ch. 469, § 1, 46 Stat. 579; 1939 Reorg. Plan No. II, § 4 (f), eff. July 1, 1939, 4 F. R. 2731, 53 Stat. 1433.)

TRANSFER OF FUNCTIONS

Transfer of functions of Secretary of Agriculture to Secretary of the Interior, see note under section 671 of this title.

§ 691a. Same; establishment; purpose.

Such lands, when acquired in accordance with the provisions of section 691 of this title, shall constitute the Cheyenne Bottoms Migratory Bird Refuge, and shall be maintained as a refuge and breeding place for migratory birds included in the terms of the convention between the United States and Great Britain for the protection of migratory birds concluded August 16, 1916. (June 12, 1930, ch. 469, § 2, 46 Stat. 579.)

§ 691b. Same; appropriation.

CODIFICATION

Section, act June 12, 1930, ch. 469, §3, 46 Stat. 579. authorized the appropriation of $250,000 for purchase of land described in section 691 of this title.

§ 691c. Same; acquisition of areas; title; rights-ofway, easements, and reservations.

The Secretary of the Interior may do all things and make all expenditures necessary to secure the safe title in the United States to the areas which may be acquired under section 691 of this title, including purchase of options when deemed necessary by the Secretary of the Interior, and expenses incident to the location, examination, and survey of such areas and the acquisition of title thereto, but no payment shall be made for any such areas until the title thereto shall be satisfactory to the Attorney General. That the acquisition of such areas by the United States shall in no case be defeated because of rightsof-way, easements, and reservations which from their nature will in the opinion of the Secretary of the Interior in no manner interfere with the use of the areas so encumbered for the purpose of section 691a of this title. (June 12, 1930, ch. 469, § 4, 46 Stat. 579; 1939 Reorg. Plan No. II, § 4 (f), eff. July 1, 1939, 4 F. R. 2731, 53 Stat. 1433.)

TRANSFER OF FUNCTIONS

Transfer of functions of Secretary of Agriculture to Secretary of the Interior, see note under section 671 of this title.

§ 691d. Same; application of certain statutes.

Sections 715f, 715g, 715h, 715i, 7157, 715m, and 715n of this title are made applicable for the purposes of section 691 and 691a-691c of this title in the same manner and to the same extent as though they were enacted as a part of those sections. (June 12, 1930, ch. 469, § 5, 46 Stat. 579.)

§ 692. Game sanctuaries or refuges in Ocala National Forest; creation.

The President of the United States is authorized to designate as game refuges such lands of the United States within the Ocala National Forest, in the State of Florida, as in his judgment should be set aside for the protection of game animals and birds, but it is not intended that the lands so designated shall cease to be parts of the national forest within which they are located, and the establishment of such game sanctuaries or refuges shall not prevent the Secretary of Agriculture from permitting other uses of the lands under and in conformity with the laws and regulations applicable thereto so far as such uses may be consistent with the purposes for which such game sanctuaries or refuges are established. (June 28, 1930, ch. 709, § 1, 46 Stat. 827.)

TRANSFER OF FUNCTIONS

Transfer of functions of Secretary of Agriculture to Secretary of the Interior, see note under section 671 of this title.

§ 692a. Same; hunting, pursuing, capturing, etc., unlawful.

When such game sanctuaries or refuges have been established as provided in section 692 of this title, the hunting, pursuing, poisoning, killing, or capturing by trapping, netting, or any other means, or attempting to hunt, pursue, kill, or capture any game animals or birds upon the lands of the United States within the limits of such game sanctuaries or refuges shall be unlawful except under such rules and regulations as the Secretary of Agriculture may from time to time prescribe. (June 28, 1930, ch. 709, § 2, 46 Stat. 828; June 25, 1948, ch. 645, § 15, 62 Stat. 861.)

AMENDMENTS

1948-Act June 25, 1948, amended section by omitting the penal provisions which are now covered by section 41 of Title 18, Crimes and Criminal Procedure, and by inserting the reference to the rules and regulations of the Secretary of Agriculture.

EFFECTIVE DATE OF 1948 AMENDMENT

Section 20 of act June 25, 1948, provided that the amendment of this section should be effective as of Sept. 1, 1948.

§ 693. Game sanctuaries and refuges in Ouachita National Forest.

For the purpose of providing breeding places and for the protection and administration of game animals, birds, and fish, the President of the United States is authorized, upon the recommendation of the Secretary of Agriculture, to establish by public

proclamation certain specified areas within the Quachita National Forest as game sanctuaries and refuges. (June 13, 1933, ch. 63, § 1, 48 Stat. 128.) § 693a. Same; rules and regulations; violations; penalties.

The Secretary of Agriculture shall execute the provisions of this section and section 693 of this title, and he is authorized to prescribe all general rules and regulations for the administration of such game sanctuaries and refuges, and violation of such rules and regulations shall be punished by fine of not more than $500 or imprisonment for not more than six months or both. (June 13, 1933, ch. 63, § 2, 48 Stat. 128.)

§ 694. Fish and game sanctuaries in national forests; establishment by President.

For the purpose of providing breeding places for game birds, game animals, and fish on lands and waters in the national forests not chiefly suitable for agriculture, the President of the United States is authorized, upon recommendation of the Secretary of Agriculture and the Secretary of Commerce and with the approval of the State legislatures of the respective States in which said national forests are situated, to establish by public proclamation certain specified and limited areas within said forests as fish and game sanctuaries or refuges which shall be devoted to the increase of game birds, game animals, and fish of all kinds naturally adapted thereto, but it is not intended that the lands included in such fish and game sanctuaries or refuges shall cease to be parts of the national forests wherein they are located, and the establishment of such fish and game sanctuaries or refuges shall not prevent the Secretary of Agriculture from permitting other uses of the national forests under and in conformity with the laws and the rules and regulations applicable thereto so far as such uses may be consistent with the purposes for which such fish and game sanctuaries or refuges are authorized to be established. (Mar. 10, 1934, ch. 54, § 1, 48 Stat. 400.)

§ 694a. Same; hunting, pursuing, capturing, etc., unlawful.

When such fish and game sanctuaries or refuges have been established as provided in section 694 of this title, hunting, pursuing, poisoning, angling for, killing, or capturing by trapping, netting, or any other means, or attempting to hunt, pursue, angle for, kill, or capture any wild animals or fish for any purpose whatever upon the lands of the United States within the limits of said fish and game sanctuaries or refuges shall be unlawful except as hereinafter provided. (Mar. 10, 1934, ch. 54, § 2, 48 Stat. 400; June 25, 1948, ch. 645, § 16, 62 Stat. 861.)

AMENDMENTS

1948-Act June 25, 1948, amended section by omitting the penal provisions which are now covered by section 41 of Title 18, Crimes and Criminal Procedure.

EFFECTIVE DATE OF 1948 AMENDMENT

Section 20 of act June 25, 1948, provided that the amendment of this section should be effective as of Sept. 1, 1948.

§ 694b. Same; rules and regulations; jurisdiction of States.

The Secretaries of Agriculture and Commerce shall execute the provisions of this section and sections 694 and 694a of this title, and they are jointly authorized to make all needful rules and regulations for the administration of such fish and game sanctuaries or refuges in accordance with the purpose of sections 694-694b of this title, including regulations not in contravention of State laws for hunting, capturing, or killing predatory animals, such as wolves, coyotes, foxes, pumas, and other species destructive to livestock or wild life or agriculture within the limits of said fish and game sanctuaries or refuges: Provided, That the present jurisdiction of the States shall not be altered or changed without the legislative approval of such States. (Mar. 10, 1934, ch. 54, § 3, 48 Stat. 401.)

§ 695. Migratory waterfowl and other wildlife refuge in California; participation by State of California. The Secretary of the Interior is authorized to purchase or rent not to exceed twenty thousand acres of land or interests therein in suitable locations in the State of California, for the management and control of migratory waterfowl and other wildlife in connection therewith, from moneys to be appropriated by Congress from time to time: Provided, That no sums appropriated under this authority for the acquisition of lands shall be expended for such purpose unless and until the State of California shall have set aside and made available for expenditure funds for the purchase of equivalent acreages as determined by the Secretary of the Interior. (May 18, 1948, ch. 303, § 1, 62 Stat. 238.) § 695a. Same; title in United States; existence of easements, reservations, etc.; affecting acquisition. The Secretary of the Interior may do all things and make all expenditures necessary to secure the safe title in the United States to the areas which may be acquired under sections 695-695c of this title, including purchase of options when deemed necessary, and expenses incident to the location, examination, and survey of such areas and the acquisition of title thereto, but no payments shall be made for any such areas until the title thereto shall be satisfactory to the Attorney General. The acquisition of such areas by the United States shall in no case be defeated because of rights-of-way, easements, exceptions, and reservations which from their nature will, in the opinion of the Secretary of the Interior, in no manner interfere with the use of the areas so encumbered for the purposes of said sections. (May 18, 1948, ch. 303, § 2, 62 Stat. 238.)

§ 695b. Same; applicability of sections 715g-715i and 715/-715n of this title.

Sections 715g-715i and 7157-715n of this title are made applicable for the purposes of sections 695695c of this title in the same manner and to the same extent as though they were enacted as part of sections 695-695c of this title, except that lands acquired hereunder may be administered primarily as wildlife management areas not subject to the pro

hibition against the taking of birds or nests or the eggs thereof, as contained in section 715i of this title, and hunting thereon may be regulated, at the option of the Fish and Game Commission of the State of California, in such cooperative manner as is deemed necessary to carry out the purposes of sections 695695c of this title subject, however, to the provisions of the Migratory Bird Treaty Act of July 3, 1918. (May 18, 1948, ch. 303, § 3, 62 Stat. 239.)

REFERENCES IN TEXT

The Migratory Bird Treaty Act of July 3, 1948, referred to in the text is classified to sections 701-708, 710, and 711 of this title.

§ 695c. Same; availability of funds for construction of dams, buildings, etc.

Funds made available under sections 695-695c of this title or any other Act for the administration, maintenance, and development of any areas acquired under said sections, shall be available also for the construction of dams, dikes, ditches, buildings, and other necessary improvements and for the purchase, planting, growing, and harvesting of grains and other crops for the feeding of waterfowl and other wildlife frequenting the localities where such lands may be purchased or rented. (May 18, 1948, ch. 303,

§ 701. Game and wild birds; preservation.

The duties and powers of the Department of the Interior include the preservation, distribution, introduction, and restoration of game birds and other wild birds. The Secretary of the Interior is authorized to adopt such measures as may be necessary to carry out the purposes of this section and section 667e 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. (May 25, 1900, ch. 553, § 1, 31 Stat. 187; 1939 Reorg. Plan No. II, § 4 (f), eff. July 1, 1939, 4 F. R. 2731, 53 Stat. 1433.)

TRANSFER OF FUNCTIONS

1939 Reorg. Plan No. II, transferred the functions of the Secretary of Agriculture relating to the conservation of wildlife, game, and migratory birds to the Secretary of the Interior.

§ 702. Importation of eggs of game birds for propagation.

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. II, § 4 (f), eff. July 1, 1939, 4 F. R. 2731, 53 Stat. 1433.)

TRANSFER OF FUNCTIONS

See note under section 701 of this title.
CROSS REFERENCES

Exemption of eggs of game birds imported for propagating purposes from import duties, see section 1201, par. 1671, of Title 19, Customs Duties.

MIGRATORY BIRD TREATY

§ 703. Taking, killing, or possessing migratory birds unlawful.

Unless and except as permitted by regulations made as hereinafter provided in sections 703-710 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, possess, offer for sale, sell, offer to barter, barter, offer to purchase, purchase, deliver for shipment, ship, export, import, cause to be shipped, exported, or imported, deliver for transportation, transport or cause to be transported, carry or cause to be carried, or receive for shipment, transportation, carriage, or export, any migratory bird, or any part, nest, or egg of any such birds, 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), and the United States and the United Mexican States for the protection of migratory birds and game mammals concluded February 7, 1936. (July 3, 1918, ch. 128, § 2, 40 Stat. 755; June 20, 1936, ch. 634, § 3, 49 Stat. 1556.)

EFFECTIVE DATE

Section 1 of act June 20, 1936, provided that the amendment of this section and sections 704, 705, 707, 708 and the addition of section 709a of this title by such act, should become effective as of the day on which the President should proclaim the exchange of ratifications of the convention between the United States and the United Mexican States for the protection of migratory birds and game mammals concluded February 7, 1936, or on June 20, 1936, "whichever date is later".

APPROPRIATION

Authorization of appropriation, see section 709a of this

title.

§ 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, having due regard to the zones of temperature and to the distribution, abundance, economic value, breeding 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 suitable regulations permitting and governing the same, in accordance with such determinations, which regulations 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. II, § 4 (f), eff. July 1, 1939, 4 F. R. 2731, 53 Stat. 1433.)

TRANSFER OF FUNCTIONS

See note under section 701 of this title.

REGULATIONS RELATING TO MIGRATORY BIRDS AND CERTAIN GAME MAMMALS

PART 61-MIGRATORY BIRDS AND CERTAIN GAME MAMMALS

BASIS AND PURPOSES

Section 3 of the Migratory Bird Treaty Act of July 3, 1918, as amended (40 Stat. 755, 16 U. S. C. 704) authorizes and directs the Secretary of the Interior, from time to time, having due regard for the zones of temperature and to the distribution, abundance, economic value, breeding habits, and times and lines of flight of migratory birds to determine when, to what exent, and by what means, such birds, or any part, nest or egg thereof, may be hunted, taken, captured, killed, possessed, sold, purchased, shipped, transported, carried, or exported.

On May 22, 1951, the public was invited to participate in the preparation of these regulations by submitting their views, data, or arguments, in writing to Albert M. Day, Director, Fish and Wildlife Service, Washington 25, D. C., on or before July 9, 1951 (16 F. R. 4983). Careful consideration has been given to the views, data and arguments received and the results of studies and investigations by personnel of the Fish and Wildlife Service, of State agencies, and of other qualified organizations, both public and private. Accordingly, it has been determined that amendments to the regulations should be issued at this time which include the establishment of seasons, bag and possession limits on those migratory birds for which seasons are to open on or about September 1. In order to give sufficient time to evaluate the results of nesting studies and late spring surveys, the regulations will be supplemented not later than September 1 to fix the seasons and establish bag and possession limits on migratory waterfowl, coot and woodcock for which the season will not open before October 1.

In view of those provisions of Executive Order No. 10250 (set out as a note following section 301 of Title 3, The President) which authorized the Secretary of the Interior to adopt these regulations without approval of the President it is deemed advisable to revoke all previous regulalations at this time and reissue in amended form the regulations governing this subject matter and appearing in this part. Accordingly, the regulations in this part are amended to read as follows:

Sec. 6.9 Permits to kill, frighten or otherwise herd migratory birds injurious to agriculture or other interests. 6.10 State laws for the protection of migratory birds. SECTION 6.1-DEFINITIONS OF MIGRATORY BIRDS AND GAME MAMMALS

(a) Migratory birds. Migratory birds included in the terms of the conventions between the United States and Great Britain for the protection of migratory birds, and between the United States and United Mexican States for the protection of migratory birds and game mammals concluded, respectively, August 16, 1916, and February 7, 1936, are as follows:

(1) Game birds. (1) Anatidae, or waterfowl, including brant, wild ducks, geese, and swans.

(il) Gruidae, or cranes, including little brown, sandhill, and whooping cranes.

(iii) Rallidae, or rails, including coots, gallinules, and sora and other rails.

(iv) Limicolae (charadrii), or shorebirds, including avocets, curlews, dowitchers, godwits, knots, oystercatchers, phalaropes, plovers, sandpipers, snipe, stilts, surf birds, turnstones, willet, woodcock, and yellowlegs. (v) Columbidae, or pigeons, including doves and wild pigeons.

(2) Insectivorous and other nongame birds. Cuckoos (including road-runner and anis), flickers, and other woodpeckers; nighthawks, or bullbats, chuckwill's-widow, poor-wills, and whip-poor-wills; swifts; hummingbirds; kingbirds; phoebes, and other flycatchers; horned larks; bobolinks, cowbirds, blackbirds, grackles, meadowlarks, and orioles; grosbeaks (including cardinals), finches, sparrows, and buntings (including towhees); tanagers; martins and other swallows; waxwings; phainopeplas; shrikes; vireos; warblers; pipits, catbirds, mockingbirds, and thrashers; wrens; brown creepers; nuthatches; titmice (including chickadees, verdin and bushtits); kinglets and gnatcatchers; robins and other thrushes; and auks, auklets, bitterns, fulmars, gannets, grebes, guillemots, gulls, herons, jaegers, loons, murres, petrels, puffins, shearwaters, and terns.

(b) Game mammals. Game mammals under the terms of the aforesaid convention between the United States and the United Mexican States include:

Antelope, mountain sheep, deer, bears, peccaries, squirrels, rabbits, and hares.

SECTION 6.2-DEFINITION OF TERMS

For the purposes of §§ 6.1 to 6.10, the following terms shall be construed, respectively, to mean and to include: (a) Secretary. Secretary of the Interior of the United States.

(b) Director. Director, Fish and Wildlife Service, United States Department of the Interior.

(c) Regional Director. Regional Director, Fish and Wildlife Service, United States Department of the Interior. (d) Person. Individual, club, association, partnership, or corporation, any one or all, as the context requires. (e) Take. Hunt, kill, or capture, or attempt to hunt, kill, or capture.

(f) Open season. Time during which migratory birds may be taken.

(g) Transport. Ship, carry, export, import, and receive or deliver for shipment, conveyance, carriage, exportation, or importation.

SECTION 6.3-MEANS BY WHICH MIGRATORY GAME BIRDS MAY BE TAKEN

(a) Migratory game birds on which open seasons are specified in § 6.4 may be taken during such seasons only with bow and arrow or with a shotgun not larger than No. 10 gage, fired from the shoulder, except as permitted by §§ 6.5, 6.8, and 6.9, but they shall not be taken with or by means of any automatic-loading or hand-operated repeating shotgun capable of holding more than three shells, the magazine of which has not been cut off or plugged with a one-piece metal or wooden filler incapable of removal without disassembling the gun so as to reduce the capacity of the said gun to not more than three shells at one time in the magazine and chamber combined.