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16 U.S.C. § 715i — Administration
Federal law — U.S. Code and appendices · legal_authorities
Page 1272
TITLE 16—CONSERVATION
§ 715g
Executive Documents
TRANSFER OF FUNCTIONS
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
715a of this title.
§ 715g. Jurisdiction of State over areas acquired
The jurisdiction of the State, both civil and
criminal, over persons upon areas acquired
under this subchapter shall not be affected or
changed by reason of their acquisition and ad-
ministration by the United States as migratory-
bird reservations, except so far as the punish-
ment of offenses against the United States is
concerned.
(Feb. 18, 1929, ch. 257, § 8, 45 Stat. 1224.)
§ 715h. Operation of State game laws
Nothing in this subchapter is intended to
interfere with the operation of the game laws of
the several States applying to migratory game
birds insofar as they do not permit what is for-
bidden by Federal law.
(Feb. 18, 1929, ch. 257, § 9, 45 Stat. 1224.)
§ 715i. Administration
(a) Treaty obligations; rules and regulations
Areas of lands, waters, or interests therein ac-
quired or reserved pursuant to this subchapter
shall, unless otherwise provided by law, be ad-
ministered by the Secretary of the Interior
under rules and regulations prescribed by him to
conserve and protect migratory birds in accord-
ance with treaty obligations with Mexico, Can-
ada, Japan, and the Union of Soviet Socialist
Republics, and other species of wildlife found
thereon, including species that are listed pursu-
ant to section 1533 of this title as endangered
species or threatened species, and to restore or
develop adequate wildlife habitat.
(b) Management and public and private agency
agreements authorization
In administering such areas, the S
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Page 1272
TITLE 16—CONSERVATION
§ 715g
Executive Documents
TRANSFER OF FUNCTIONS
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
715a of this title.
§ 715g. Jurisdiction of State over areas acquired
The jurisdiction of the State, both civil and
criminal, over persons upon areas acquired
under this subchapter shall not be affected or
changed by reason of their acquisition and ad-
ministration by the United States as migratory-
bird reservations, except so far as the punish-
ment of offenses against the United States is
concerned.
(Feb. 18, 1929, ch. 257, § 8, 45 Stat. 1224.)
§ 715h. Operation of State game laws
Nothing in this subchapter is intended to
interfere with the operation of the game laws of
the several States applying to migratory game
birds insofar as they do not permit what is for-
bidden by Federal law.
(Feb. 18, 1929, ch. 257, § 9, 45 Stat. 1224.)
§ 715i. Administration
(a) Treaty obligations; rules and regulations
Areas of lands, waters, or interests therein ac-
quired or reserved pursuant to this subchapter
shall, unless otherwise provided by law, be ad-
ministered by the Secretary of the Interior
under rules and regulations prescribed by him to
conserve and protect migratory birds in accord-
ance with treaty obligations with Mexico, Can-
ada, Japan, and the Union of Soviet Socialist
Republics, and other species of wildlife found
thereon, including species that are listed pursu-
ant to section 1533 of this title as endangered
species or threatened species, and to restore or
develop adequate wildlife habitat.
(b) Management and public and private agency
agreements authorization
In administering such areas, the Secretary is
authorized to manage timber, range, and agri-
cultural crops; to manage other species of ani-
mals, including but not limited to fenced range
animals, with the objectives of perpetuating,
distributing, and utilizing the resources; and to
enter into agreements with public and private
agencies.
(Feb. 18, 1929, ch. 257, § 10, 45 Stat. 1224; 1939
Reorg. Plan No. II, § 4(f), eff. July 1, 1939, 4 F.R.
2731, 53 Stat. 1433; Pub. L. 89–669, § 7(b), Oct. 15,
1966, 80 Stat. 929; Pub. L. 93–205, § 13(b), Dec. 28,
1973, 87 Stat. 902; Pub. L. 95–616, § 5(b), Nov. 8,
1978, 92 Stat. 3114.)
Editorial Notes
AMENDMENTS
1978—Subsec. (a). Pub. L. 95–616 provided for treaty
obligations with Japan and the Union of Soviet Social-
ist Republics.
1973—Subsec. (a). Pub. L. 93–205 substituted ‘‘listed
pursuant to section 1533 of this title as endangered spe-
cies or threatened species,’’ for ‘‘threatened with ex-
tinction,’’.
1966—Subsecs. (a), (b). Pub. L. 89–669 added subsecs.
(a) and (b). Former paragraph prohibited acts on ac-
quired areas and is now covered by section 668dd(c) and
(d)(1) of this title.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 1973 AMENDMENT
Amendment by Pub. L. 93–205 effective Dec. 28, 1973,
see section 16 of Pub. L. 93–205, set out as a note under
section 1531 of this title.
Executive Documents
TRANSFER OF FUNCTIONS
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
715a of this title.
§ 715j. ‘‘Migratory birds’’ defined
For the purposes of this subchapter and the
Migratory Bird Treaty Act (16 U.S.C. 703 et seq.),
migratory birds are those defined as such by the
treaty between the United States and Great
Britain for the protection of migratory birds
concluded August 16, 1916 (39 Stat. 1702), the
treaty between the United States and the United
Mexican States for the protection of migratory
birds and game mammals concluded February 7,
1936 (50 Stat. 1311), the Convention between the
Government of the United States of America
and the Government of Japan for the Protection
of Migratory Birds and Birds in Danger of Ex-
tinction, 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 Environment concluded Novem-
ber 19, 1976.
(Feb. 18, 1929, ch. 257, § 11, 45 Stat. 1224; Pub. L.
89–669, § 7(c), Oct. 15, 1966, 80 Stat. 930; Pub. L.
95–616, § 5(c), Nov. 8, 1978, 92 Stat. 3114.)
Editorial Notes
REFERENCES IN TEXT
The Migratory Bird Treaty Act, referred to in text, is
act July 3, 1918, ch. 128, 40 Stat. 755, which is classified
generally to subchapter II (§ 703 et seq.) of this chapter.
For complete classification of this Act to the Code, see
section 710 of this title and Tables.
AMENDMENTS
1978—Pub. L. 95–616 defined migratory birds for pur-
poses of the Migratory Bird Treaty Act and to include
those defined in the Convention of Mar. 4, 1972, con-
cluded with Government of Japan and the Convention
of Nov. 19, 1976, concluded with Union of Soviet Social-
ist Republics.
1966—Pub. L. 89–669 inserted ‘‘(39 Stat. 1702)’’ and de-
fined migratory birds to include those defined in the
Treaty of Feb. 7, 1936 (50 Stat. 1311) with the United
Mexican States.
§ 715k. Authorization of appropriations for pur-
poses of subchapter; disposal; reservation
protectors
For the acquisition, including the location, ex-
amination, and survey, of suitable areas of land,
water, or land and water, for use as migratory
bird reservations, and necessary expenses inci-
dent thereto, and for the administration, main-
Cross-references
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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
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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
**(a) Treaty obligations; rules and regulations** Areas of lands, waters, or interests therein acquired or reserved pursuant to this subchapter shall, unless otherwise provided by law, be administered by the Secretary of the Interior under rules and regulations prescribed by him to conserve and protect migratory birds in accordance with treaty obligations with Mexico, Canada, Japan, and the Union of Soviet Socialist Republics, and other species of wildlife found thereon, including species that are listed pursuant to [section 1533 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1533&num=0&edition=prelim) as endangered species or threatened species, and to restore or develop adequate wildlife habitat.
**(b) Management and public and private agency agreements authorization** In administering such areas, the Secretary is authorized to manage timber, range, and agricultural crops; to manage other species of animals, including but not limited to fenced range animals, with the objectives of perpetuating, distributing, and utilizing the resources; and to enter into agreements with public and private agencies.
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