16 U.S.C. § 718o — Definitions

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, 1929, ch. 257, 45 Stat. 1222, which is classified generally to subchapter III (§ 715 et seq.) of chapter 7 of this title. For complete classifica- tion of this Act to the Code, see section 715 of this title and Tables. The Migratory Bird Treaty Act, referred to in subsec. (a), is act July 3, 1918, ch. 128, 40 Stat. 755, which is clas- sified generally to subchapter II (§ 703 et seq.) of chap- ter 7 of this title. For complete classification of this Act to the Code, see section 710 of this title and Tables. PRIOR PROVISIONS A prior section 718j, Mar. 16, 1934, ch. 71, § 10, as added Pub. L. 97–307, Oct. 14, 1982, 96 Stat. 1450, related to crediting of funds received as fees for entering migra- tory-bird hunting and conservation stamp contest prior to repeal by Pub. L. 109–266, § 10(h), Aug. 3, 2006, 120 Stat. 677. § 718k. Use of fees collected for Federal migra- tory bird permits On and after October 21, 1998, all fees collected for Federal migratory bird permits shall be available to the Secretary, without further ap- propriation, to be used for the expenses of the U.S. Fish and Wildlife Service in administering such Federal migratory bird permits, and shall remain available until expended. (Pub. L. 105–277, div. A, § 101(e) [title I], Oct. 21, 1998, 112 Stat. 2681–231, 2681–236.) SUBCHAPTER IV–A—PERMANENT ELECTRONIC DUCK STAMP § 718o. Definitions In this subchapter: (1) Actual stamp The term ‘‘actual stamp’’ means a Migratory Bird Hunting and Conservation Stamp re- quired under the Migratory Bird Hunting and Conservation Stamp Act (16 U.S.C. 718a 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 elec- tronic 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 li- censing system that is authorized, under State law and by the Secretary under this subchapter, to issue electronic stamps; (D) is compatible with the hunting licens- ing system of the State that issues the elec- tronic stamp; (E) is described in the State application approved by the Secretary under section 718q(b) of this title; and (F) may contain an image of the actual stamp. (4) Secretary The term ‘‘Secretary’’ means the Secretary of the Interior. Page 1287 TITLE 16—CONSERVATION § 718r (Pub. L. 113–239, § 2, Dec. 18, 2014, 128 Stat. 2847; Pub. L. 118–25, § 2(b), Dec. 19, 2023, 137 Stat. 129.) Editorial Notes REFERENCES IN TEXT The Migratory Bird Hunting and Conservation Stamp Act, referred to in par. (1), is act Mar. 16, 1934, ch. 71, 48 Stat. 451, which is classified generally to subchapter IV (§ 718 et seq.) of this chapter. For complete classi- fication of this Act to the Code, see Short Title note set out under section 718 of this title and Tables. AMENDMENTS 2023—Par. (1). Pub. L. 118–25, § 2(b)(1), substituted ‘‘Migratory Bird Hunting and Conservation Stamp re- quired under the Migratory Bird Hunting and Conserva- tion Stamp Act (16 U.S.C. 718a et seq.) that is printed’’ for ‘‘Federal migratory-bird hunting and conservation stamp required under the Act of March 16, 1934 (16 U.S.C. 718a et seq.) (popularly known as the ‘Duck Stamp Act’), that is printed’’. Par. (3)(F). Pub. L. 118–25, § 2(b)(2), added subpar. (F). Statutory Notes and Related Subsidiaries SHORT TITLE OF 2023 AMENDMENT Pub. L. 118–25, § 1, Dec. 19, 2023, 137 Stat. 129, provided that: ‘‘This Act [amending this section and sections 718a, 718r, and 718s of this title] may be cited as the ‘Duck Stamp Modernization Act of 2023’.’’ SHORT TITLE Pub. L. 113–239, § 1, Dec. 18, 2014, 128 Stat. 2847, pro- vided that: ‘‘This Act [enacting this subchapter] may be cited as the ‘Permanent Electronic Duck Stamp Act of 2013’.’’ § 718p. Authority to issue electronic duck stamps (a) In general The Secretary may authorize any State to issue electronic stamps in accordance with this subchapter. (b) Consultation The Secretary shall implement this section in consultation with State management agencies. (Pub. L. 113–239, § 3, Dec. 18, 2014, 128 Stat. 2848.) § 718q. State application (a) Approval of application required The Secretary may not authorize a State to issue electronic stamps under this subchapter unless the Secretary has received and approved an application submitted by the State in accord- ance with this section. The Secretary may de- termine the number of new States per year to participate in the electronic stamp program. (b) Contents of application The Secretary may not approve a State appli- cation unless the application contains— (1) a description of the format of the elec- tronic stamp that the State will issue under this subchapter, 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 Sec- retary the amounts collected by the State that are required to be transferred to the Sec- retary 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 delivered; (6) the policies and procedures under which the State will issue duplicate electronic stamps; and (7) such other policies, procedures, and infor- mation 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 accepting applica- tions under this section, the Secretary shall publish— (1) deadlines for submission of applications; (2) eligibility requirements for submitting applications; and (3) criteria for approving applications. (Pub. L. 113–239, § 4, Dec. 18, 2014, 128 Stat. 2848.) § 718r. State obligations and authorities (a) Delivery of electronic stamp The Secretary shall require that each indi- vidual to whom a State sells an electronic stamp under this subchapter shall receive the electronic stamp— (1) on the date of purchase of the electronic stamp; and (2) in a manner agreed upon by the State and Secretary. (b) Collection and transfer of electronic stamp revenue and customer information (1) Requirement to transmit The Secretary shall require each State au- thorized to issue electronic stamps to collect and submit to the Secretary in accordance with this section— (A) the first name, last name, and com- plete mailing address of each individual that purchases an electronic stamp from the State; (B) the face value amount of each elec- tronic stamp sold by the State; and (C) the amount of the Federal portion of any fee required by the agreement for each stamp sold. (2) Time of transmittal The Secretary shall require the submission under paragraph (1) to be made with respect to sales of electronic stamps by a State accord- ing to the written agreement between the Sec- retary and the State agency. (3) Additional fees not affected This section shall not apply to the State portion of any fee collected by a State under subsection (c). (c) Electronic stamp issuance fee A State authorized to issue electronic stamps may charge a reasonable fee to cover costs in- curred by the State and the Department of the Interior in issuing electronic stamps under this