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10 U.S.C. § 2671 — Military reservations and facilities: hunting, fishing, and trapping
Federal law — U.S. Code and appendices · legal_authorities
**(a) General Requirements for Hunting, Fishing, and Trapping.—** The Secretary of Defense shall, with respect to each military installation or facility under the jurisdiction of any military department in a State—
(1) require that all hunting, fishing, and trapping at that installation or facility be in accordance with the fish and game laws of the State in which it is located;
(2) require that an appropriate license for hunting, fishing, or trapping on that installation or facility be obtained, except that with respect to members of the armed forces, such a license may be required only if the State authorizes the issuance of a license to a member on active duty for a period of more than thirty days at an installation or facility within that State, without regard to residence requirements, and upon terms otherwise not less favorable than the terms upon which such a license is issued to residents of that State; and
(3) develop, subject to safety requirements and military security, and in cooperation with the Governor (or his designee) of the State in which the installation or facility is located, procedures under which designated fish and game or conservation officials of that State may, at such time and under such conditions as may be agreed upon, have full access to that installation or facility to effect measures for the management, conservation, and harvesting of fish and game resources.
**(b) Waiver Authority.—**
(1) The Secretary of Defense may waive or otherwise modify the fish and game laws of a State otherwise applicable under subsection (a)(1) to hunting, fishing, or trapping at a military installation or facility if the Secretary determines that the application of such laws to such hunting, fishing, or trapping without modification could result in undesi
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Stable record: federal_law:legal_authorities:record_usc_614ff69a33cc2dd5967b9aa4
Source file: Laws/federal/codes/united-states-code/title-10/section-2671-military-reservations-and-facilities-hunting-fishing-and-trapping--8a4c8e3393.md
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Source location: Title 10, Chapter 159, § 2671; chapter-159-real-property-related-personal-property-and-lease-of-non-excess-property.md
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**(a) General Requirements for Hunting, Fishing, and Trapping.—** The Secretary of Defense shall, with respect to each military installation or facility under the jurisdiction of any military department in a State—
(1) require that all hunting, fishing, and trapping at that installation or facility be in accordance with the fish and game laws of the State in which it is located;
(2) require that an appropriate license for hunting, fishing, or trapping on that installation or facility be obtained, except that with respect to members of the armed forces, such a license may be required only if the State authorizes the issuance of a license to a member on active duty for a period of more than thirty days at an installation or facility within that State, without regard to residence requirements, and upon terms otherwise not less favorable than the terms upon which such a license is issued to residents of that State; and
(3) develop, subject to safety requirements and military security, and in cooperation with the Governor (or his designee) of the State in which the installation or facility is located, procedures under which designated fish and game or conservation officials of that State may, at such time and under such conditions as may be agreed upon, have full access to that installation or facility to effect measures for the management, conservation, and harvesting of fish and game resources.
**(b) Waiver Authority.—**
(1) The Secretary of Defense may waive or otherwise modify the fish and game laws of a State otherwise applicable under subsection (a)(1) to hunting, fishing, or trapping at a military installation or facility if the Secretary determines that the application of such laws to such hunting, fishing, or trapping without modification could result in undesirable consequences for public health or safety at the installation or facility. The authority to waive such laws includes the authority to extend, but not reduce, the specified season for certain hunting, fishing, or trapping. The Secretary may not waive the requirements under subsection (a)(2) regarding a license for such hunting, fishing, or trapping or any fee imposed by a State to obtain such a license.
(2) If the Secretary determines that a waiver of fish and game laws of a State is appropriate under paragraph (1), the Secretary shall provide written notification to the appropriate State officials stating the reasons for, and extent of, the waiver. The notification shall be provided at least 30 days before implementation of the waiver.
**(c) Violations.—** Whoever is guilty of an act or omission which violates a requirement prescribed under subsection (a)(1) or (2), which act or omission would be punishable if committed or omitted within the jurisdiction of the State in which the installation or facility is located, by the laws thereof in effect at the time of that act or omission, is guilty of a like offense and is subject to a like punishment.
**(d) Relation to Treaty Rights.—** This section does not modify any rights granted by the treaty or otherwise to any Indian tribe or to the members thereof.
**(e) Regulations.—** The Secretary of Defense shall prescribe regulations to carry out this section.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Integrated natural resources management plan** The Secretary of Defense in cooperation with the Secretary of the Interior and the appropriate State agency is authorized to carry out a program for the conservation, restoration and management of migratory game birds on military installations, including the issuance of special hunting permits and the collection of fees therefor, in accordance with an integrated natural resources management plan mutually agreed upon by the Secretary of Defense, the Secretary of the Interior and the appropriate State agency.
**(b) Applicability of other laws** Possession of a special permit for hunting migratory game birds issued pursuant to this subchapter shall not relieve the permittee of the requirements of the Migratory Bird Hunting Stamp Act as amended [[16 U.S.C. 718](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section718&num=0&edition=prelim) et seq.] nor of the requirements pertaining to State law set forth in Public Law 85–337.
Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 670b
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Federal law — U.S. Code and appendices · legal_authorities
Nothing herein contained shall be construed to modify, amend or repeal any provision of Public Law 85–337, nor as applying to national forest lands administered pursuant to the provisions of section 9 of the Act of June 7, 1924 (43 Stat. 655), nor [section 315m of title 43](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section315m&num=0&edition=prelim).
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Federal law — U.S. Code and appendices · legal_authorities
Notwithstanding any other provisions of law, except in time of war or national emergency hereafter declared by the President or the Congress, on and after February 28, 1958 the provisions hereof shall apply to the withdrawal and reservation for, restriction of, and utilization by, the Department of Defense for defense purposes of the public lands of the United States, including public lands in the Territories of Alaska and Hawaii: Provided, That—
(1) for the purposes of this Act, the term “public lands” shall be deemed to include, without limiting the meaning thereof, Federal lands and waters of the Outer Continental Shelf, as defined in [section 1331 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section1331&num=0&edition=prelim), and Federal lands and waters off the coast of the Territories of Alaska and Hawaii;
(2) nothing in this Act shall be deemed to be applicable to the withdrawal or reservation of public lands specifically as naval petroleum, naval oil shale, or naval coal reserves;
(3) nothing in this Act shall be deemed to be applicable to the warning areas over the Federal lands and waters of the Outer Continental Shelf and Federal lands and waters off the coast of the Territory of Alaska reserved for use of the military departments prior to August 7, 1953, and
(4) nothing in this section, section 156, or [section 157 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section157&num=0&edition=prelim) shall be deemed to be applicable either to those reservations or withdrawals which expired due to the ending of the unlimited national emergency of May 27, 1941, and which subsequent to such expiration have been and are now used by the military departments with the concurrence of the Depart
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Federal law — U.S. Code and appendices · legal_authorities
Page 2077
TITLE 10—ARMED FORCES
§ 2672
sions as subsec. (a), inserted heading, substituted ‘‘this
subsection’’ for ‘‘this section’’ in concluding provisions,
and added subsec. (b).
Statutory Notes and Related Subsidiaries
REGULATIONS
Pub. L. 108–375, div. B, title XXVIII, § 2821(c)(3), Oct.
28, 2004, 118 Stat. 2129, provided that: ‘‘The regulations
prescribed to carry out [former] section 2679 of title 10,
United States Code, as in effect on the day before the
date of the enactment of this Act [Oct. 28, 2004], shall
remain in effect with regard to section 2670(c) of such
title, as added by paragraph (1), until changed by joint
action of the Secretary concerned (as defined in section
101(9) of such title [now 10 U.S.C. 101(a)(9)]) and the Sec-
retary of Veterans Affairs.’’
§ 2671. Military reservations and facilities: hunt-
ing, fishing, and trapping
(a) GENERAL
REQUIREMENTS
FOR
HUNTING,
FISHING, AND TRAPPING.—The Secretary of De-
fense shall, with respect to each military instal-
lation or facility under the jurisdiction of any
military department in a State—
(1) require that all hunting, fishing, and
trapping at that installation or facility be in
accordance with the fish and game laws of the
State in which it is located;
(2) require that an appropriate license for
hunting, fishing, or trapping on that installa-
tion or facility be obtained, except that with
respect to members of the armed forces, such
a license may be required only if the State au-
thorizes the issuance of a license to a member
on active duty for a period of more than thirty
days at an installation or facility within that
State, without regard to residence require-
ments, and upon terms otherwise not less fa-
vorable than the terms upon which such a li-
cense is issued to resi
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