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16 U.S.C. § 718a — Prohibition on taking
Federal law — U.S. Code and appendices · legal_authorities
**(a) Prohibition**
(1) **In general** — Except as provided in paragraph (2), no individual who has attained the age of 16 years shall take any migratory waterfowl unless, at the time of the taking, the individual carries on the person of the individual a valid Migratory Bird Hunting and Conservation Stamp, as an electronic stamp (as defined in section 718o of this title) or validated by the signature of the individual written in ink across the face of the actual stamp (as defined in that section) prior to the time of the taking by the individual of the waterfowl.
(2) **Exception** — No stamp described in paragraph (1) shall be required for the taking of migratory waterfowl—
(A) by Federal or State agencies;
(B) for propagation;
(C) by the resident owner, tenant, or sharecropper of the property, or officially designated agencies of the Department of the Interior, for the killing, under such restrictions as the Secretary may by regulation prescribe, of such waterfowl when found damaging crops or other property; or
(D) by a rural Alaska resident for subsistence uses (as that term is defined in [section 3113 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section3113&num=0&edition=prelim)).
**(b) Display of stamp** Any individual to whom a stamp has been sold under this subchapter shall, upon request, display the stamp for inspection to—
(1) any officer or employee of the Department of the Interior who is authorized to enforce this subchapter; or
(2) any officer of any State or political subdivision of a State authorized to enforce State game laws.
**(c) Other licenses** Nothing in this section requires any individual to affix the Migratory Bird Hunting and Conservation Stamp to any other license prior to taking 1 or mo
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Source file: Laws/federal/codes/united-states-code/title-16/section-718a-prohibition-on-taking--c8ab78c3c2.md
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Source location: Title 16, Chapter 7, § 718a; chapter-007-protection-of-migratory-game-and-insectivorous-birds.md
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**(a) Prohibition**
(1) **In general** — Except as provided in paragraph (2), no individual who has attained the age of 16 years shall take any migratory waterfowl unless, at the time of the taking, the individual carries on the person of the individual a valid Migratory Bird Hunting and Conservation Stamp, as an electronic stamp (as defined in section 718o of this title) or validated by the signature of the individual written in ink across the face of the actual stamp (as defined in that section) prior to the time of the taking by the individual of the waterfowl.
(2) **Exception** — No stamp described in paragraph (1) shall be required for the taking of migratory waterfowl—
(A) by Federal or State agencies;
(B) for propagation;
(C) by the resident owner, tenant, or sharecropper of the property, or officially designated agencies of the Department of the Interior, for the killing, under such restrictions as the Secretary may by regulation prescribe, of such waterfowl when found damaging crops or other property; or
(D) by a rural Alaska resident for subsistence uses (as that term is defined in [section 3113 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section3113&num=0&edition=prelim)).
**(b) Display of stamp** Any individual to whom a stamp has been sold under this subchapter shall, upon request, display the stamp for inspection to—
(1) any officer or employee of the Department of the Interior who is authorized to enforce this subchapter; or
(2) any officer of any State or political subdivision of a State authorized to enforce State game laws.
**(c) Other licenses** Nothing in this section requires any individual to affix the Migratory Bird Hunting and Conservation Stamp to any other license prior to taking 1 or more migratory waterfowl.
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Federal law — U.S. Code and appendices · legal_authorities
As used in this Act, the term “subsistence uses” means the customary and traditional uses by rural Alaska residents of wild, renewable resources for direct personal or family consumption as food, shelter, fuel, clothing, tools, or transportation; for the making and selling of handicraft articles out of nonedible byproducts of fish and wildlife resources taken for personal or family consumption; for barter, or sharing for personal or family consumption; and for customary trade. For the purposes of this section, the term—
(1) “family” means all persons related by blood, marriage, or adoption, or any person living within the household on a permanent basis; and
(2) “barter” means the exchange of fish or wildlife or their parts, taken for subsistence uses—
(A) for other fish or game or their parts; or
(B) for other food or for nonedible items other than money if the exchange is of a limited and noncommercial nature.
Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 3113
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Agreements to require stamps** Any State agency may agree with the Secretary of the Interior and the Secretary of Agriculture (or with the Secretary of the Interior or the Secretary of Agriculture, as the case may be, if within the State concerned all conservation and rehabilitation programs under this subchapter will be implemented by him) that no individual will be permitted to hunt, trap, or fish on any public land within the State which is subject to a conservation and rehabilitation program implemented under this subchapter unless at the time such individual is engaged in such activity he has on his person a valid public land management area stamp issued pursuant to this section.
**(b) Conditions for agreements** Any agreement made pursuant to subsection (a) of this section to require the issuance of public land management area stamps shall be subject to the following conditions:
(1) Such stamps shall be issued, sold, and the fees therefor collected, by the State agency or by the authorized agents of such agency.
(2) Notice of the requirement to possess such stamps shall be displayed prominently in all places where State hunting, trapping, or fishing licenses are sold. To the maximum extent practicable, the sale of such stamps shall be combined with the sale of such State hunting, trapping, and fishing licenses.
(3) Except for expenses incurred in the printing, issuing, or selling of such stamps, the fees collected for such stamps by the State agency shall be utilized in carrying out conservation and rehabilitation programs implemented under this subchapter in the State concerned. Such fees may be used by the State agency to acquire lands or interests therein from willing sellers or donors to provide public access to program lands that have no existing pu
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
Section, act Mar. 16, 1934, ch. 71, § 9, 48 Stat. 452, defined subchapter terms.
#### Short Title of 2014 Amendment
Pub. L. 113–264, § 1, Dec. 18, 2014, 128 Stat. 2939, provided that: “This Act [amending sections 718a, 718b, and 718d of this title] may be cited as the ‘Federal Duck Stamp Act of 2014’.”
#### Short Title of 2006 Amendment
Pub. L. 109–266, § 1, Aug. 3, 2006, 120 Stat. 670, provided that: “This Act [enacting sections 718g to 718j of this title, amending sections 718a to 718f of this title, repealing this section and former sections 718g, 718h, and 718j of this title, and enacting provisions set out as notes under this section] may be cited as the ‘Electronic Duck Stamp Act of 2005’.”
#### Short Title of 1998 Amendment
Pub. L. 105–269, § 1, Oct. 19, 1998, 112 Stat. 2381, provided that: “This Act [amending [section 718d of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section718d&num=0&edition=prelim)] may be cited as the ‘Migratory Bird Hunting and Conservation Stamp Promotion Act’.”
#### Short Title
Act Mar. 16, 1934, ch. 71, § 11, as added by Pub. L. 109–266, § 10(h), Aug. 3, 2006, 120 Stat. 679, provided that: “This Act [enacting this subchapter] may be cited as the ‘Migratory Bird Hunting and Conservation Stamp Act’.”
#### Electronic Duck Stamp Pilot Program
Pub. L. 109–266, §§ 2–9, Aug. 3, 2006, 120 Stat. 670–673, provided that: “SEC. 2. FINDINGS.“Congress finds that—“(1) on March 16, 1934, Congress passed and President Roosevelt signed the Act of March 16, 1934 ([16 U.S.C. 718a](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section718a&num=0&edition=prelim) [718] et seq.) (popularly known as the ‘Duck Stamp Act’), which requires all migratory waterfowl hunters 16 years
Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 718
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Sales**
(1) **In general** — The stamps required under [section 718a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section718a&num=0&edition=prelim) shall be sold by the Postal Service and may be sold by the Department of the Interior, pursuant to regulations promulgated jointly by the Postal Service and the Secretary, at—
(A) any post office; and
(B) such other establishments, facilities, or locations as the Postal Service or the Secretary (or a designee) may direct or authorize.
(2) **Proceeds** — The funds received from the sale of stamps under this subchapter by the Department of the Interior shall be deposited in the Migratory Bird Conservation Fund in accordance with [section 718d of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section718d&num=0&edition=prelim).
(3) **Minimum and maximum values** — Except as provided in subsection (b), the Postal Service shall collect the full face value of each stamp sold under this section for the applicable hunting year.
(4) **Validity** — No stamp sold under this subchapter shall be valid under any circumstances to authorize the taking of migratory waterfowl except—
(A) in compliance with Federal and State laws (including regulations);
(B) on the condition that the individual so taking the waterfowl wrote the signature of the individual in ink across the face of the stamp prior to the taking; and
(C) during the hunting year for which the stamp was issued.
(5) **Unused stamps**
(A) *Definition of retail dealer* — In this paragraph, the term “retail dealer” means—
(i) any individual or entity that is regularly engaged in the business of retailing hunting or fishing equipment; and
(ii) any individual or entity duly aut
Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 718b
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** All funds received for stamps sold under this subchapter shall be—
(1) accounted for by the Postal Service or the Secretary, as appropriate;
(2) paid into the Treasury of the United States; and
(3) reserved and set aside as a special fund, to be known as the “Migratory Bird Conservation Fund” (referred to in this section as the “fund”), to be administered by the Secretary, in which there shall be a subaccount to which the Secretary of the Treasury shall transfer all amounts in excess of $15 that are received from the sale of each stamp sold for each hunting year after hunting year 2013.
**(b) Use of funds** All funds received into the fund are appropriated for the following purposes, to remain available until expended:
(1) **Advance allotments** — Except as provided in paragraph (4), so much as may be necessary shall be used by the Secretary for engraving, printing, issuing, selling, and accounting for Migratory Bird Hunting and Conservation Stamps and moneys received from the sale thereof, in addition to expenses for personnel services in the District of Columbia and elsewhere, and such other expenses as may be necessary in executing the duties and functions required of the Postal Service.
(2) **Areas for refuges** — Except as provided in paragraphs (3) and (4) and subsection (c), the remainder shall be available for the location, ascertainment, and acquisition of suitable areas for migratory bird refuges under the provisions of the Migratory Bird Conservation Act ([16 U.S.C. 715](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section715&num=0&edition=prelim) et seq.) and for the administrative costs incurred in the acquisition of such areas.
(3) **Conditions on use of funds** — The Secretary may use funds made available
Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 718d
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** No person to whom has been sold a Migratory Bird Hunting and Conservation Stamp, validated as provided in [section 718a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section718a&num=0&edition=prelim), shall loan or transfer such stamp to any person during the period of its validity; nor shall any person other than the person validating such stamp use it for any purpose during such period.
**(b) Alteration** Except as provided in clauses (i) and (ii) of section 504(l)(D) 11 So in original. Probably should be “504(1)(D)”. of title 18, no person shall alter, mutilate, imitate, or counterfeit any stamp authorized by this subchapter, or imitate or counterfeit any die, plate, or engraving therefor, or make, print, or knowingly use, sell, or have in his possession any such counterfeit, die, plate, or engraving.
**(c) Reproduction** Notwithstanding the provisions of subsection (b), or the prohibition in [section 474 of title 18](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section474&num=0&edition=prelim), or other provisions of law, the Secretary may authorize, with the concurrence of the Secretary of the Treasury,
(1) the color reproduction, or
(2) the black and white reproduction,
of Migratory Bird Hunting and Conservation Stamps authorized by sections 718 to 718b, 718c, 718d, and 718f to 718h of this title, which otherwise satisfies the requirements of clauses (ii) and (iii) of [section 504(1) of title 18](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section504/1&num=0&edition=prelim). Any such reproduction shall be subject to those terms and conditions deemed necessary by the Secretary by regulation or otherwise and any proceeds received by the Federal Government as
Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 718e
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Federal law — U.S. Code and appendices · legal_authorities
In this subchapter:
(1) **Actual stamp** — The term “actual stamp” means a Migratory Bird Hunting and Conservation Stamp required under the Migratory Bird Hunting and Conservation Stamp Act ([16 U.S.C. 718a](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section718a&num=0&edition=prelim) et seq.) that is printed on paper and sold through the means established by the authority of the Secretary immediately before December 18, 2014.
(2) **Automated licensing system**
(A) *In general* — The term “automated licensing system” means an electronic, computerized licensing system used by a State fish and wildlife agency to issue hunting, fishing, and other associated licenses and products.
(B) *Inclusion* — The term “automated licensing system” includes a point-of-sale, Internet, telephonic system, or other electronic applications used for a purpose described in subparagraph (A).
(3) **Electronic stamp** — The term “electronic stamp” means an electronic version of an actual stamp that—
(A) is a unique identifier for the individual to whom it is issued;
(B) can be printed on paper or produced through an electronic application with the same indicators as the State endorsement provides;
(C) is issued through a State automated licensing system that is authorized, under State law and by the Secretary under this subchapter, to issue electronic stamps;
(D) is compatible with the hunting licensing system of the State that issues the electronic stamp;
(E) is described in the State application approved by the Secretary under [section 718q(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section718q/b&num=0&edition=prelim); and
(F) may contain an image of the actual stamp.
(4) **Secretary** — The term “S
Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 718o
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Federal law — U.S. Code and appendices · legal_authorities
Page 1279
TITLE 16—CONSERVATION
§ 718a
‘‘SEC. 5. STATE APPLICATION.
‘‘(a) APPROVAL OF APPLICATION REQUIRED.—A State
may not participate in the pilot program under this
Act unless the Secretary has received and approved an
application submitted by the State in accordance with
this section.
‘‘(b) CONTENTS OF APPLICATION.—The Secretary may
not approve a State application unless the application
contains—
‘‘(1) a description of the format of the electronic
stamp that the State will issue under the pilot pro-
gram, including identifying features of the licensee
that will be specified on the stamp;
‘‘(2) a description of any fee the State will charge
for issuance of an electronic stamp;
‘‘(3) a description of the process the State will use
to account for and transfer to the Secretary the
amounts collected by the State that are required to
be transferred to the Secretary under the program;
‘‘(4) the manner by which the State will transmit
electronic stamp customer data to the Secretary;
‘‘(5) the manner by which actual stamps will be de-
livered;
‘‘(6) the policies and procedures under which the
State will issue duplicate electronic stamps; and
‘‘(7) such other policies, procedures, and informa-
tion as may be reasonably required by the Secretary.
‘‘(c) PUBLICATION OF DEADLINES, ELIGIBILITY REQUIRE-
MENTS, AND SELECTION CRITERIA.—Not later than 30
days before the date on which the Secretary begins ac-
cepting applications for participation in the pilot pro-
gram, the Secretary shall publish—
‘‘(1) deadlines for submission of applications to par-
ticipate in the program;
‘‘(2) eligibility requirements for participation in
the program; and
‘‘(3) criteria for selecting States to participate in
the program.
‘‘SEC. 6. STATE OBLIGATIONS AND AUTHORITIES.
‘‘
Source: Supplied 2024 U.S. Code historical extraction · 16 U.S.C. § 718a
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