578, title IV, § 402, Oct. 17, 1968, 82 Stat. 1118, which provided that, within each district, references in previously enacted statutes and previously promulgated rules and regulations to United States commissioners are to be deemed, within such district, references to United States magistrates duly appointed under section 631 of Title 28 as soon as the first United States magistrate assumes office within that district or on Oct. 17, 1971, whichever is earlier. See Applicable Law note under section 631 of Title 28, Judiciary and Judicial Procedure.

§ 1183. Regulations.

The Secretary of the Interior is authorized to issue regulations to carry out the provisions of this chapter. (Pub. L. 89-702, title IV, § 403, Nov. 2, 1966, 80 Stat. 1098.)

§ 1184. Penalties for violations.

Any person violating the provisions of subchapter I or III of this chapter or the regulations issued thereunder shall be fined not more than $2,000, or imprisoned not more than one year, or both. (Pub. L. 89-702, title IV, § 404, Nov. 2, 1966, 80 Stat. 1098.) §1185. Contracts or agreements for research.

The Secretary of the Interior, in carrying out the provisions of this chapter, is authorized to enter into contracts or agreements for research with any person or public or private agency. (Pub. L. 89-702, title IV, § 405, Nov. 2, 1966, 80 Stat. 1098.)

§ 1186. Definitions.

(a) The term "person" as used in this chapter means any individual, partnership, corporation, or association.

(b) The terms "take" or "taking" or "taken" as used in this chapter means to pursue, hunt, shoot, capture, collect, kill, or attempt to pursue, hunt, shoot, capture, collect, or kill.

(c) The term "natives of the Pribilof Islands" as used in this chapter means any Indians, Aleuts, or Eskimos who permanently reside on said island.

(d) The term "Pribilof Islands" as used in this chapter means the islands of St. Paul and St. George, Walrus and Otter Islands, and Sea Lion Rock. (Pub. L. 89-702, title IV, § 406, Nov. 2, 1966, 80 Stat. 1098.)

§ 1187. Pribilof Islands fund; establishment; authorization of appropriations.

There is established a Pribilof Islands fund and there are authorized to be appropriated such sums as may be necessary from the fund and from other funds in the Treasury to carry out the provisions of this chapter and the provisions of section 6(e) of the Alaska Statehood Act which provides for the payment to the State of Alaska of certain specified proceeds deposited into said fund. (Pub. L. 89-702, title IV, § 407, Nov. 2, 1966, 80 Stat. 1098.)

REFERENCES IN TEXT

Alaska Statehood Act, referred to in text, is Pub. L. 85-508, July 7, 1958, 72 Stat. 339, set out preceding section 21 of Title 48, Territories and Insular Possessions. SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1168 of this title.

932.

933.

934. 935.

936.

937.

938.

939.

Commissioners; appointment, number, and compensation.

Advisory Committee; appointment and number of members; factors in selection of members; membership on other committees; compensation; meetings.

Conflict of interests statutes inapplicable. Acquisition of real property; construction and operation of lamprey control works; entry into agreements for construction and operation of works.

Secretary of Interior; authority to transfer lamprey
control projects and act on behalf of United
States Section.

United States Section as agency of United States.
Notice of proposals.

Transmission of recommendations.

939a. Cooperation with other agencies.

939b. State laws and regulations.

939c. Appropriations.

§ 931. Definitions.

As used in this chapter, the term

(a) "Convention" means the Convention on Great Lakes Fisheries between the United States of America and Canada signed at Washington, September 10, 1954;

(b) "Commission" means the Great Lakes Fishery Commission provided for by article II of the convention;

(c) "United States Section" means the United States Commissioners on the Commission;

(d) "Great Lakes State" means any of the following States: Illinois, Indiana, Michigan, Minnesota, New York, Ohio, Pennsylvania, or Wisconsin;

(e) "Great Lakes" means any of the following bodies of water: Lake Ontario (including the Saint Lawrence River from Lake Ontario to the forty-fifth parallel of latitude), Lake Erie, Lake Huron (including Lake Saint Clair), Lake Michigan, or Lake Superior. (June 4, 1956, ch. 358, § 2, 70 Stat. 242.)

SHORT TITLE

Congress, in enacting this chapter, provided by section 1 of act June 4, 1956, that it should be popularly known as the "Great Lakes Fishery Act of 1956".

SEPARABILITY OF PROVISIONS

Section 14 of act June 4, 1956, provided that: "If any provision of this Act [this chapter] or the application of such provision to any circumstances or persons shall be held invalid, the validity of the remainder of the Act [this chapter] and the applicability of such provision to other circumstances or persons shall not be affected thereby".

§ 932. Commissioners; appointment, number, and compensation.

The United States shall be represented on the Commission by three Commissioners to be appointed

by the President, to serve as such during his pleasure, and to receive no compensation for their services as such Commissioners. Of such Commissioners(a) one shall be an official of the United States Government; and

(b) two shall be persons residing in Great Lakes States, duly qualified by reason of knowledge of the fisheries of the Great Lakes, of whom one shall be an official of a Great Lakes State: Provided, however, That the Commissioners appointed under this subsection shall not be residents of the same State. (June 4, 1956, ch. 358, § 3, 70 Stat. 242.)

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 934 of this title.

§ 933. Advisory Committee; appointment and number of members; factors in selection of members; membership on other committees; compensation; meetings.

(a) The United States Section shall appoint an advisory committee for each of the Great Lakes, upon which committee each State bordering on the lake may be represented by not more than four members. In making such appointments, the United States Section shall make its selection for each State from a list proposed by the Governor of that State; and shall give due consideration to the interests of

(1) State agencies having jurisdiction over fisheries;

(2) the commercial fishing industry of the lake; (3) the sports fishing of the lake; and

(4) the public at large.

(b) A member of the advisory committee for one lake may also be a member of the advisory committee for one or more other lakes.

(c) The members of the advisory committee shall receive no compensation from the Government of the United States for their services as such members. Not more than five members of all the committees, designated by the committees and approved by the United States Section, may be paid by the Government of the United States for transportation expenses and per diem incident to attendance at each meeting of the Commission or of the United States Section.

(d) The members of the advisory committee for each lake shall be invited to attend all nonexecutive meetings of the United States Section relating to that lake and at such meetings shall be granted opportunity to examine and be heard on all proposed recommendations, programs, and activities relating to that lake. (June 4, 1956, ch. 358, § 4, 70 Stat. 243.)

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 934 of this title.

§ 934. Conflict of interests statutes inapplicable.

Service of any individual appointed as a United States Commissioner pursuant to section 932 (b) of this title, or as a member of an advisory committee pursuant to section 933 (a) of this title, shall not be considered as service or employment bringing such individual within the provisions of sections 281, 283, 284, and 434 of Title 18 and section 99 of Title 5, except insofar as such provisions of law may prohibit any such individual from acting or receiving

compensation in respect to matters directly relating to the Convention or this chapter. (June 4, 1956, ch. 358, § 5, 70 Stat. 243.)

REFERENCES IN TEXT

Sections 281 and 283 of Title 18, referred to in text, were repealed by Pub. L. 87-849, § 2, Oct. 23, 1962, 76 Stat. 1126. except as they may apply to retired officers of the armed forces of the United States, and were supplanted by sections 203 and 205 of Title 18, Crimes and Criminal Procedure.

Sections 284 and 434 of Title 18, referred to in text, were repealed by Pub. L. 87-849, § 2, Oct. 23, 1962, 76 Stat. 1126, and were supplanted by sections 207 and 208 of Title 18, Crimes and Criminal Procedure.

Section 99 of Title 5, referred to in text, was repealed by Pub. L. 87-849, § 3, Oct. 23, 1962, 76 Stat. 1126. For similar provisions see section 207 of Title 18, Crimes and Criminal Procedure.

§ 935. Acquisition of real property; construction and operation of lamprey control works; entry into agreements for construction and operation of works.

In order to carry out the obligations of the United States under the Convention, the United States Section is authorized

(a) to acquire any real property, or any interest therein, by purchase, exchange, gift, dedication, condemnation, or otherwise;

(b) to construct, operate, and maintain any project or works designed to facilitate compliance with the provisions of the Convention relating to the sea lamprey control program; and

(c) to enter into contract or agreement with any State or other public agency or private agency or individual for the construction, operation, or maintenance of any such project or works. (June 4, 1956, ch. 358, § 6, 70 Stat. 243.)

§ 936. Secretary of Interior; authority to transfer lamprey control projects and act on behalf of United States Section.

The Secretary of the Interior is authorized, upon the request of the United States Section

(a) to transfer to the United States Section any lamprey control project or works under his jurisdiction now existing or now under construction; and

(b) to act for or on behalf of the United States Section in the exercise of the powers granted by this chapter. (June 4, 1956, ch. 358, § 7, 70 Stat. 243.) § 937. United States Section as agency of United States.

official agency having jurisdiction over fisheries in each of the States through which the stream flows. (June 4, 1956, ch. 358, § 9, 70 Stat. 243.)

§ 939. Transmission of recommendations.

The Secretary of State shall upon the receipt from the Commission of any recommendation of a conservation measure made in accordance with article IV of the Convention transmit a copy of the recommendation with his comments thereon to the Governor of each Great Lakes State for consideration and such action as may be found to be appropriate. The Secretary of State shall also inform such other public agencies as he may deem appropriate. 4, 1956, ch. 358, § 10, 70 Stat. 244.)

§ 939a. Cooperation with other agencies.

(June

basis, to enter into agreements with the United States Section for the purpose of assisting it in carrying out the program for the control of lamprey populations. (June 4, 1956, ch. 358, § 11, 70 Stat. 244.)

§ 939b. State laws and regulations.

Nothing in this chapter shall be construed as preventing any of the Great Lakes States from making or enforcing laws or regulations within their respective jurisdictions so far as such laws or regulations do not conflict with the Convention or this chapter. (June 4, 1956. ch. 358. § 12. 70 Stat. 244.) § 939c. Appropriations.

There is hereby authorized to be appropriated from time to time such sums as may be necessary for carrying out the purposes and provisions of the Convention and this chapter. (June 4, 1956, ch. 358, § 13, 70 Stat. 244.)

Game and wild birds; preservation.
Importation of eges of game birds for propagation.
MIGRATORY BIRD TREATY

Taking, killing, or possessing migratory birds unlawful.

Determination as to when and how migratory birds may be taken, killed, or possessed.

Transportation or importation of migratory birds; when unlawful.

Arrests; search warrants.

Violations and penalties; forfeitures.

State or Territorial laws or regulations.

Migratory birds, nests, or eggs for scientific or propagating purposes.

709a. Authorization of appropriations. Partial invalidity; short title. Breeding and sale for food supply.

710.

711.

GENERALLY

§ 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. 235; 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 701 of this title.

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 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, possess, offer for sale, sell, offer to baiter, 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.)

REFERENCES IN TEXT

Section 709, included within the reference to sections 703 to 711 of this title, was omitted from this Code.

AMENDMENTS

1936-Act June 20, 1936, made changes in phraseology.

EFECTIVE DATE OF 1936 AMENDMENT

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 that act, shall become effective as of the day on which the Prestdent shall proclaim the exchange of ratifications of the convention between the United States and the United Mexican States for the protection of migratory bied: and game mammals concluded February 7, 1936, or on June 20, 1936, "whichever date is later". Such proclamation was made on June 30, 1937.

APPROPRIATION

Authorization of appropriation, see section 709a of this

title.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 459a-1, 668d, 704. 706, 707, 708, 709a, 710, 711, 718, 718f of this title.

SECTION REFERRED TO IN D.C. CODE

This section is referred to in section 22-1628 of the District of Columbia Code.

§ 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.)

AMENDMENTS

1936-Act June 20, 1936, substituted "conventions" for "convention" wherever appearing.

EFFECTIVE DATE OF 1936 AMENDMENT

Section effective June 30, 1937, see section 1 of act of June 20, 1936, set out as a note.

TRANSFER OF FUNCTIONS

Transfer of functions of Secretary of Agriculture to Secretary of the Interior see note under section 701 of this title.

DELEGATION OF FUNCTIONS

For delegation to the Secretary of the Interior of authority vested in the President, see Ex. Ord. No. 10752, Feb. 12. 1958, 23 F. R. 973, set out as a note following section 715) of Title 15, Commerce and Trade.

Secretary of the Interior empowered to promulgate regulations under this section without the approval. ratification, or other action of the President, see section 2(b) of Ex. Ord. No. 10250, June 5, 1951, 16 F.R. 5385, set out as a note under section 301 of Title 3. The President.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 459a-1, 668J. 703, 706, 707, 708, 709a, 710, 711, 718 718f of this title. SECTION REFERRED TO IN D.C. ConE

This section is referred to in section 22-1623 of the District of Columbia Code.

§ 705. Transportation or importation of migratory birds; when unlawful.

It shall be unlawful 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 district 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, ch. 128, § 4, 40 Stat. 755; June 20, 1936, ch. 634, § 4. 49 Stat. 1556; 1939 Reorg. Plan No. II, § 4(f), eff July 1, 1939, 4 F.R. 2731, 53 Stat. 1433; Dec. 5, 1969, Pub. L. 91-135, § 10, 83 Stat. 282.)

AMENDMENTS

1969-Pub. L. 91-135 repealed the second par., which prohibited the shipment of wild game mammals or parts thereof by any person of the United States to and from Mexico, except by permit from the Secretary of the In

terior.

1936-Act June 20, 1936, added last sentence.

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 665cc-1 of this title.

EFFECTIVE DATE OF 1936 AMENDMENT

Section effective June 30, 1937, see section 1 of act June 20, 1936, set out as a note under section 703 of this title.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 459a-1, 6684, 703, 706, 707, 708, 709a, 710, 711, 718, 718f of this title. § 706. Arrests; search warrants.

Any employee of the Department of the Interior authorized by the Secretary of the Interior to enforce the provisions of sections 703 to 711 of this title shall have power, without warrant, to arrest any

person committing a violation of said sections in his presence or view and to take such person immediately for examination or trial before an officer or court of competent jurisdiction; shall have power to execute any warrant or other process issued by an officer or court of competent jurisdiction for the enforcement of the provisions of said sections; and shall have authority, with a search warrant, to search any place. The several judges of the courts established under the laws of the United States, and United States commissioners may, within their respective jurisdictions, upon proper oath or affirmation showing probable cause, issue warrants in all such cases. All birds, or parts, nests, or eggs thereof, captured, killed, taken, shipped, transported,' carried, or possessed contrary to the provisions of said sections or of any regulations made pursuant thereto shall, when found, be seized by any such employee. or by any marshal or deputy marshal, and, upon conviction of the offender or upon judgment of a court of the United States that the same were captured, killed, taken, shipped, transported, carried, or possessed contrary to the provisions of said sections or of any regulation made pursuant thereto, shall be forfeited to the United States and disposed of as directed by the court having jurisdiction. July 3, 1918, ch. 128, § 5, 40 Stat. 756; 1939 Reorg. Plan No. II, § 4 (f), eff. July 1, 1939, 4 F. R. 2731, 53 Stat. 1433.)

REFERENCES IN TEXT

Section 709, included within the reference to sections 703 to 711 of this title, was omitted from this Code.

CHANGE OF NAME

References to United States commissioners to be deemed references to United States magistrates, ice Pub. L. 90578, title IV, § 402, Oct. 17, 1968, 82 Stat. 1118, which provided that, within each district, references in previously enacted statutes and previously promulgated rules and regulations to United States commissioners are to be deemed, within such district, references to United States magistrates duly appointed under section 631 of Title 28 as soon as the first United States magistrate assumes office within that district or on Oct. 17, 1971, whichever is earlier. See Applicable Law note under section 631 of Title 28, Judiciary and Judicial Procedure.

TRANSFER OF FUNCTIONS

Transfer of functions of Secretary of Agriculture to Secretary of the Interior, sce note under section 701 of this title.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 459a-1, 668b, 668d, 703, 707, 708, 709a, 710, 711, 718, 718f of this title.

SECTION REFERRED TO IN D.C. CODE

This section is referred to in section 22-1628 of the District of Columbia Code.

§ 707. Violations and penalties; forfeitures.

(a) Except as otherwise provided in this section, any person, association, partnership, or corporation who shall violate any provisions of said conventions or of sections 703 to 711 of this title, or who shall violate or fail to comply with any regulation made pursuant to said sections 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.

(b) Whoever, in violation of sections 703 to 711 of this title, shall

(1) take by any manner whatsoever any migratory bird with intent to sell, offer to sell, barter or offer to barter such bird, or

(2) sell, offer for sale, barter or offer to barter, any migratory bird shall be guilty of a felony and shall be fined not more than $2,000 or imprisoned not more than two years, or both.

(c) All guns, traps, nets and other equipment. vessels, vehicles, and other means of transportation used by any person when engaged in pursuing, hunting, taking, trapping, ensnaring, capturing. killing, or attempting to take, capture, or kill any migratory bird in violation of sections 703 to 711 of this title with the intent to offer for sale, or sell, or offer for barter, or barter such bird in violation of said sections shall be forfeited to the United States and may be seized and held pending the prosecution of any person arrested for violating said sections and upon conviction for such violation, such forfelture shall be adjudicated as a penalty in addition to any other provided for violation of said sections. Such forfeited property shall be disposed of and accounted for by, and under the authority of, the Secretary of the Interior. (July 3, 1918, ch. 128, 6, 40 Stat. 756; June 20, 1936, ch. 634, § 2, 49 Stat. 1556; Sept. 8, 1960, Pub. L. 86-732, 74 Stat. 866.)

REFERENCES IN TEXT

Section 709, included within the reference to sections 703 to 711 of this title, was omitted from this Code.

AMENDMENTS

1960-Pub. L. 86-732 designated existing provisions as subsec. (a), and inserted words "Except as otherwise provided in this section" therein, and added subsecs. (b) and (c).

1936-Act June 20, 1936 substituted "conventions" for "convention".

EFFECTIVE DATE OF 1936 AMENDMENT Section effective June 30, 1937, see section 1 of act June 20, 1936, set out as a note under section 703 of this title.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 459a-1, 668d, 703, 706, 708, 709a, 710, 711, 718, 7181, 718g of this title.

SECTION REFERRED TO IN D.C. CODE

This section is referred to in section 22-1628 of the District of Columbia Code.

§ 708. State or Territorial laws or regulations. Nothing in sections 703 to 711 of this title shall be construed to prevent the several States and Territories from making or enforcing laws or regulations not inconsistent with the provisions of said conventions or of said sections, or from making or enforcing laws or regulations which shall give further protection to migratory birds, their nests, and eggs, if such laws or regulations do not extend the open seasons for such birds beyond the dates approved by the President in accordance with section 704 of this title. (July 3, 1918, ch. 128, § 7, 40 Stat. 756: June 20, 1936, ch. 634, § 2, 49 Stat. 1556.)

REFERENCES IN TEXT

Section 709, included within the reference to sections 703 to 711 of this title, was omitted from this Code.

AMENDMENTS

1936-Act June 20, 1936, substituted "conventions" for "convention".