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16 U.S.C. § 718o — Definitions
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
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Source location: Title 16, Chapter 7, § 718o; chapter-007-protection-of-migratory-game-and-insectivorous-birds.md
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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 “Secretary” means the Secretary of the Interior.
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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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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
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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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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. § 718o
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