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16 U.S.C. § 718j — Definitions
Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** In this subchapter, the terms defined in 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 the Migratory Bird Treaty Act ([16 U.S.C. 703](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section703&num=0&edition=prelim) et seq.) have the meanings given those terms in those Acts.
**(b) Other definitions** In this subchapter:
(1) **Hunting year** — The term “hunting year” means the 1-year period beginning on July 1 of each year.
(2) **Migratory waterfowl** — The term “migratory waterfowl” means the species enumerated in paragraph (a) of subdivision 1 of article I of the Convention between the United States and Great Britain for the Protection of Migratory Birds, signed at Washington on August 16, 1916 (USTS 628) ([16 U.S.C. 703](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section703&num=0&edition=prelim) et seq.).
(3) **Secretary** — The term “Secretary” means the Secretary of the Interior.
(4) **State** — The term “State” means—
(A) a State;
(B) the District of Columbia;
(C) the Commonwealth of Puerto Rico;
(D) Guam;
(E) American Samoa;
(F) the Commonwealth of the Northern Mariana Islands;
(G) the Federated States of Micronesia;
(H) the Republic of the Marshall Islands;
(I) the Republic of Palau; and
(J) the United States Virgin Islands.
(5) **Take** — The term “take” means—
(A) to pursue, hunt, shoot, capture, collect, or kill; or
(B) to attempt to pursue, hunt, shoot, capture, collect, or kill.
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Source file: Laws/federal/codes/united-states-code/title-16/section-718j-definitions--b444ef1f98.md
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Source location: Title 16, Chapter 7, § 718j; chapter-007-protection-of-migratory-game-and-insectivorous-birds.md
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**(a) In general** In this subchapter, the terms defined in 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 the Migratory Bird Treaty Act ([16 U.S.C. 703](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section703&num=0&edition=prelim) et seq.) have the meanings given those terms in those Acts.
**(b) Other definitions** In this subchapter:
(1) **Hunting year** — The term “hunting year” means the 1-year period beginning on July 1 of each year.
(2) **Migratory waterfowl** — The term “migratory waterfowl” means the species enumerated in paragraph (a) of subdivision 1 of article I of the Convention between the United States and Great Britain for the Protection of Migratory Birds, signed at Washington on August 16, 1916 (USTS 628) ([16 U.S.C. 703](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section703&num=0&edition=prelim) et seq.).
(3) **Secretary** — The term “Secretary” means the Secretary of the Interior.
(4) **State** — The term “State” means—
(A) a State;
(B) the District of Columbia;
(C) the Commonwealth of Puerto Rico;
(D) Guam;
(E) American Samoa;
(F) the Commonwealth of the Northern Mariana Islands;
(G) the Federated States of Micronesia;
(H) the Republic of the Marshall Islands;
(I) the Republic of Palau; and
(J) the United States Virgin Islands.
(5) **Take** — The term “take” means—
(A) to pursue, hunt, shoot, capture, collect, or kill; or
(B) to attempt to pursue, hunt, shoot, capture, collect, or kill.
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Federal law — U.S. Code and appendices · legal_authorities
This subchapter shall be known by the short title of “Migratory Bird Conservation Act.”
Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 715
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** Unless and except as permitted by regulations made as hereinafter provided in this subchapter, 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, any part, nest, or egg of any such bird, or any product, whether or not manufactured, 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 migratory birds and game mammals concluded February 7, 1936, the United States and the Government of Japan for the protection of migratory birds and birds in danger of extinction, and their environment concluded March 4, 1972, and the convention between the United States and the Union of Soviet Socialist Republics for the conservation of migratory birds and their environments concluded November 19, 1976.
**(b) Limitation on application to introduced species**
(1) **In general** — This subchapter applies only to migratory bird species that are native to the United States or its territories.
(2) **Native to the United States defined**
(A) *In general* — Subject to subparagraph (B), in this subsection the term “native to the United States or its territories” me
Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 703
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Federal law — U.S. Code and appendices · legal_authorities
If any clause, sentence, paragraph, or part of this subchapter, which shall be known by the short title of the “Migratory Bird Treaty Act”, shall, for any reason, be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair, or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, or part thereof directly involved in the controversy in which such judgment shall have been rendered.
Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 710
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Disposition of unsold stamps** A Migratory Bird Hunting and Conservation Stamp shall be transferred to the Postal Service or the Secretary of the Interior (or a designee) for sale to a collector if the stamp—
(1) has not been sold by the end of the hunting year (as that term is defined in [section 718j of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section718j&num=0&edition=prelim)) during which the stamp is issued; and
(2) as determined by the Postal Service or the Secretary of the Interior—
(A) is appropriate to supply a market for sale to collectors; and
(B) is in suitable condition for sale to a collector.
**(b) Surplus stock** The Postal Service or the Secretary of the Interior may destroy any surplus stock of Migratory Bird Hunting and Conservation Stamps at such time and in such manner as the Postal Service or the Secretary of the Interior determines to be appropriate.
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Federal law — U.S. Code and appendices · legal_authorities
Page 1262
TITLE 16—CONSERVATION
§ 702
(12) provide training and information to appropriate
employees on methods and means of avoiding or mini-
mizing the take of migratory birds and conserving and
restoring migratory bird habitat;
(13) promote migratory bird conservation in inter-
national activities and with other countries and inter-
national partners, in consultation with the Department
of State, as appropriate or relevant to the agency’s au-
thorities;
(14) recognize and promote economic and recreational
values of birds, as appropriate; and
(15) develop partnerships with non-Federal entities to
further bird conservation.
(f) Notwithstanding the requirement to finalize an
MOU within 2 years, each agency is encouraged to im-
mediately begin implementing the conservation meas-
ures set forth above in subparagraphs (1) through (15) of
this section, as appropriate and practicable.
(g) Each agency shall advise the public of the avail-
ability of its MOU through a notice published in the
Federal Register.
SEC. 4. Council for the Conservation of Migratory Birds.
(a) The Secretary of Interior shall establish an inter-
agency Council for the Conservation of Migratory Birds
(Council) to oversee the implementation of this order.
The Council’s duties shall include the following: (1)
sharing the latest resource information to assist in the
conservation and management of migratory birds; (2)
developing an annual report of accomplishments and
recommendations related to this order; (3) fostering
partnerships to further the goals of this order; and (4)
selecting an annual recipient of a Presidential Migra-
tory Bird Federal Stewardship Award for contributions
to the protection of migratory birds.
(b) The Council shall include representation, at the
bureau di
Source: Supplied 2024 U.S. Code historical extraction · 16 U.S.C. § 703
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Federal law — U.S. Code and appendices · legal_authorities
Page 1269
TITLE 16—CONSERVATION
§ 715
operate with local authorities in the protection
of migratory birds and make the necessary in-
vestigations connected therewith.
(July 3, 1918, ch. 128, § 9, as added June 20, 1936,
ch. 634, § 5, 49 Stat. 1556; amended 1939 Reorg.
Plan No. II, § 4(f), eff. July 1, 1939, 4 F.R. 2731, 53
Stat. 1433.)
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE
Act June 20, 1936, ch. 634, § 5, 49 Stat. 1556, provided in
part that this section is effective as of the day afore-
said (June 30, 1937). See Effective Date of 1936 Amend-
ment note set out under section 703 of this title.
AVAILABILITY OF FUNDS
Act June 20, 1936, ch. 634, § 6, 49 Stat. 1557, provided:
‘‘That all moneys now or hereafter available for admin-
istration and enforcement of said Act approved July 3,
1918 [this subchapter], shall be equally available for the
administration and enforcement of said Act as hereby
amended.’’
Executive Documents
TRANSFER OF FUNCTIONS
For transfer of certain enforcement functions of Sec-
retary or other official in Department of the Interior
under this subchapter to Federal Inspector, Office of
Federal Inspector for Alaska Natural Gas Transpor-
tation System, and subsequent transfer to Secretary of
Energy, then to Federal Coordinator for Alaska Nat-
ural Gas Transportation Projects, see Transfer of Func-
tions note set out under section 706 of this title.
Transfer of functions of Secretary of Agriculture to
Secretary of the Interior by Reorg. Plan No. II of 1939,
see Transfer of Functions note set out under section 701
of this title.
§ 710. Partial invalidity; short title
If any clause, sentence, paragraph, or part of
this subchapter, which shall be known by the
short title of the ‘‘Migratory Bird Treaty Act’’,
shall,
Source: Supplied 2024 U.S. Code historical extraction · 16 U.S.C. § 715
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Federal law — U.S. Code and appendices · legal_authorities
Page 1286
TITLE 16—CONSERVATION
§ 718j
stricted use of stamps to the fiscal year for which
issued prior to repeal by act July 30, 1956, ch. 782, § 3(d),
formerly § 3(c), 70 Stat. 722, renumbered Pub. L. 109–266,
§ 10(i)(1), Aug. 3, 2006, 120 Stat. 679.
§ 718j. Definitions
(a) In general
In this subchapter, the terms defined in the
Migratory Bird Conservation Act (16 U.S.C. 715
et seq.) and the Migratory Bird Treaty Act (16
U.S.C. 703 et seq.) have the meanings given those
terms in those Acts.
(b) Other definitions
In this subchapter:
(1) Hunting year
The term ‘‘hunting year’’ means the 1-year
period beginning on July 1 of each year.
(2) Migratory waterfowl
The term ‘‘migratory waterfowl’’ means the
species enumerated in paragraph (a) of sub-
division 1 of article I of the Convention be-
tween the United States and Great Britain for
the Protection of Migratory Birds, signed at
Washington on August 16, 1916 (USTS 628) (16
U.S.C. 703 et seq.).
(3) Secretary
The term ‘‘Secretary’’ means the Secretary
of the Interior.
(4) State
The term ‘‘State’’ means—
(A) a State;
(B) the District of Columbia;
(C) the Commonwealth of Puerto Rico;
(D) Guam;
(E) American Samoa;
(F) the Commonwealth of the Northern
Mariana Islands;
(G) the Federated States of Micronesia;
(H) the Republic of the Marshall Islands;
(I) the Republic of Palau; and
(J) the United States Virgin Islands.
(5) Take
The term ‘‘take’’ means—
(A) to pursue, hunt, shoot, capture, col-
lect, or kill; or
(B) to attempt to pursue, hunt, shoot, cap-
ture, collect, or kill.
(Mar. 16, 1934, ch. 71, § 10, as added Pub. L.
109–266, § 10(h), Aug. 3, 2006, 120 Stat. 678.)
Editorial Notes
REFERENCES IN TEXT
The Migratory Bird Conservation Act, referred to in
subsec. (a), is act Feb. 18, 19
Source: Supplied 2024 U.S. Code historical extraction · 16 U.S.C. § 718j
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