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16 U.S.C. § 718b — Sales; fund disposition; unsold stamps

Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 718b — Sales; fund disposition; unsold stamps

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Stable record: federal_law:legal_authorities:record_usc_afa053944a91ac43eca67e73
Source file: Laws/federal/codes/united-states-code/title-16/section-718b-sales-fund-disposition-unsold-stamps--39c15701ef.md
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Source location: Title 16, Chapter 7, § 718b; chapter-007-protection-of-migratory-game-and-insectivorous-birds.md

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**(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 authorized to act as an agent of a State or political subdivision of a State for the sale of State or county hunting or fishing licenses. (B) *Redemption of unused stamps* — The Department of the Interior, pursuant to regulations promulgated by the Secretary, shall provide for the redemption, on or before the 30th day of June of each year, of unused stamps issued for the year under this subchapter that— (i) were sold on consignment to any person authorized by the Secretary to sell stamps on consignment (including retail dealers for resale to customers); and (ii) have not been resold by any such person. (6) **Prohibition on certain stamp sales** — The Postal Service shall not— (A) sell on consignment any stamps issued under this subchapter to any individual, business, or organization; or (B) redeem stamps issued under this subchapter that are sold on consignment by the Secretary (or any agent of the Secretary). **(b) Cost of stamps** The Postal Service shall collect $10.00 for each stamp sold under the provisions of this section for hunting years 1987 and 1988, $12.50 for hunting years 1989 and 1990, $15.00 for hunting years 1991 through 2013, and $25 for each hunting year thereafter, if the Secretary determines, at any time before February 1 of the calendar year in which such hunting year begins, that all sums in the Migratory Bird Conservation Fund available for obligation and attributable to— (1) amounts appropriated pursuant to this subchapter for the fiscal year ending in the immediately preceding calendar year; and (2) the sale of stamps under this section during such fiscal year have been obligated for expenditure. **(c) Reduction in price of stamp** The Secretary may reduce the price of each stamp sold under the provisions of this section for a hunting year if the Secretary determines that the increase in the price of the stamp after hunting year 2013 resulted in a reduction in revenues deposited into the fund.

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Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 718a — Prohibition on taking

**(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

Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 718a

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Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 718d — Expenditure of funds

**(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

16 U.S.C. § 1371 — Moratorium on taking and importing marine mammals and marine mammal products

**(a) Imposition; exceptions** There shall be a moratorium on the taking and importation of marine mammals and marine mammal products, commencing on the effective date of this chapter, during which time no permit may be issued for the taking of any marine mammal and no marine mammal or marine mammal product may be imported into the United States except in the following cases: (1) Consistent with the provisions of [section 1374 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1374&num=0&edition=prelim), permits may be issued by the Secretary for taking, and importation for purposes of scientific research, public display, photography for educational or commercial purposes, or enhancing the survival or recovery of a species or stock, or for importation of polar bear parts (other than internal organs) taken in sport hunts in Canada. Such permits, except permits issued under [section 1374(c)(5) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1374/c/5&num=0&edition=prelim), may be issued if the taking or importation proposed to be made is first reviewed by the Marine Mammal Commission and the Committee of Scientific Advisors on Marine Mammals established under subchapter III. The Commission and Committee shall recommend any proposed taking or importation, other than importation under [section 1374(c)(5) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1374/c/5&num=0&edition=prelim), which is consistent with the purposes and policies of [section 1361 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1361&num=0&edition=prelim). If the Secretary issues such a permit for importation, the Secretary shall issue to t

Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 1371

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Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 1387 — Taking of marine mammals incidental to commercial fishing operations

**(a) In general** (1) Effective on April 30, 1994, and except as provided in [section 1383a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1383a&num=0&edition=prelim) and in paragraphs (2), (3), and (4) of this subsection, the provisions of this section shall govern the incidental taking of marine mammals in the course of commercial fishing operations by persons using vessels of the United States or vessels which have valid fishing permits issued by the Secretary in accordance with [section 1824(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1824/b&num=0&edition=prelim). In any event it shall be the immediate goal that the incidental mortality or serious injury of marine mammals occurring in the course of commercial fishing operations be reduced to insignificant levels approaching a zero mortality and serious injury rate within 7 years after April 30, 1994. (2) In the case of the incidental taking of marine mammals from species or stocks designated under this chapter as depleted on the basis of their listing as threatened species or endangered species under the Endangered Species Act of 1973 ([16 U.S.C. 1531](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1531&num=0&edition=prelim) et seq.), both this section and [section 1371(a)(5)(E) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1371/a/5/E&num=0&edition=prelim) shall apply. (3) Sections 11 So in original. Probably should be “Section”. 1374(h) of this title and subchapter IV, and not this section, shall govern the taking of marine mammals in the course of commercial purse seine fishing for yellowfin tuna in the eastern tropical Pacific Ocean. (4) This

Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 1387

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Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 6802 — Recreation fee authority

**(a) Authority of Secretary** Beginning in fiscal year 2005 and thereafter, the Secretary may establish, modify, charge, and collect recreation fees at Federal recreational lands and waters as provided for in this section. **(b) Basis for recreation fees** Recreation fees shall be established in a manner consistent with the following criteria: (1) The amount of the recreation fee shall be commensurate with the benefits and services provided to the visitor. (2) The Secretary shall consider the aggregate effect of recreation fees on recreation users and recreation service providers. (3) The Secretary shall consider comparable fees charged elsewhere and by other public agencies and by nearby private sector operators. (4) The Secretary shall consider the public policy or management objectives served by the recreation fee. (5) The Secretary shall obtain input from the appropriate Recreation Resource Advisory Committee, as provided in [section 6803(d) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section6803/d&num=0&edition=prelim). (6) The Secretary shall consider such other factors or criteria as determined appropriate by the Secretary. **(c) Special considerations** The Secretary shall establish the minimum number of recreation fees and shall avoid the collection of multiple or layered recreation fees for similar uses, activities, or programs. **(d) Limitations on recreation fees** (1) **Prohibition on fees for certain activities or services** — The Secretary shall not charge any standard amenity recreation fee or expanded amenity recreation fee for Federal recreational lands and waters administered by the Bureau of Land Management, the Forest Service, or the Bureau of Reclamation under this chapter for any of the following:

Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 6802

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Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 718b–1 — Disposition of unsold stamps

**(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

16 U.S.C. § 718b — Sales; fund disposition; unsold stamps

Page 1280 TITLE 16—CONSERVATION § 718b 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 indi- vidual of the waterfowl. (2) Exception No stamp described in paragraph (1) shall be required for the taking of migratory water- fowl— (A) by Federal or State agencies; (B) for propagation; (C) by the resident owner, tenant, or share- cropper of the property, or officially des- ignated agencies of the Department of the Interior, for the killing, under such restric- tions 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 subsist- ence uses (as that term is defined in section 3113 of this title). (b) Display of stamp Any individual to whom a stamp has been sold under this subchapter shall, upon request, dis- play the stamp for inspection to— (1) any officer or employee of the Depart- ment of the Interior who is authorized to en- force this subchapter; or (2) any officer of any State or political sub- division 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 Con- servation Stamp to any other license prior to taking 1 or more migratory waterfowl. (Mar. 16, 1934, ch. 71, § 1, 48 Stat. 451; June 15, 1935, ch. 261, title I, § 1, 49 Stat. 378; 1939 Reorg. Plan No. II, § 4(f), eff. July 1, 1939, 4 F.R. 2731, 53 Stat. 1433; July 30, 1956, ch. 782, § 1, 70 Stat. 722; Pub. L. 94–215, § 3(a), Feb. 17, 1976, 90 Stat. 189; Pub. L. 109–266, § 10(a), Aug. 3, 2006, 120 Stat. 674; Pub. L. 113–264, § 4, Dec. 18, 2014, 128 Stat. 2940; Pu

Source: Supplied 2024 U.S. Code historical extraction · 16 U.S.C. § 718b

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