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16 U.S.C. § 668d — Availability of appropriations for Migra-

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

16 U.S.C. § 668d — Availability of appropriations for Migra-

Page 1173 TITLE 16—CONSERVATION § 668dd section 631 of Title 28, Judiciary and Judicial Proce- dure. Previously, ‘‘United States magistrate’’ sub- stituted for ‘‘United States commissioner’’ in subsec. (a) pursuant to Pub. L. 90–578. See chapter 43 (§ 631 et seq.) of Title 28. Executive Documents TRANSFER OF FUNCTIONS Enforcement functions of Secretary or other official in Department of the Interior related to compliance with this subchapter with respect to pre-construction, construction, and initial operation of transportation system for Canadian and Alaskan natural gas trans- ferred to Federal Inspector, Office of Federal Inspector for Alaska Natural Gas Transportation System, until first anniversary of date of initial operation of Alaska Natural Gas Transportation System, see Reorg. Plan No. 1 of 1979, §§ 102(e), 203(a), 44 F.R. 33663, 33666, 93 Stat. 1373, 1376, effective July 1, 1979, set out in the Appendix to Title 5, Government Organization and Employees. Office of Federal Inspector for the Alaska Natural Gas Transportation System abolished and functions and au- thority vested in Inspector transferred to Secretary of Energy by section 3012(b) of Pub. L. 102–486, set out as an Abolition of Office of Federal Inspector note under section 719e of Title 15, Commerce and Trade. Func- tions and authority vested in Secretary of Energy sub- sequently transferred to Federal Coordinator for Alas- ka Natural Gas Transportation Projects by section 720d(f) of Title 15. § 668c. Definitions As used in this subchapter ‘‘whoever’’ includes also associations, partnerships, and corpora- tions; ‘‘take’’ includes also pursue, shoot, shoot at, poison, wound, kill, capture, trap, collect, molest or disturb; ‘‘transport’’ includes also ship, convey, carry, or

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Source file: Laws/federal/codes/united-states-code-2024/title-16/section-668d-availability-of-appropriations-for-migra--7d767a7f66.md
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Page 1173 TITLE 16—CONSERVATION § 668dd section 631 of Title 28, Judiciary and Judicial Proce- dure. Previously, ‘‘United States magistrate’’ sub- stituted for ‘‘United States commissioner’’ in subsec. (a) pursuant to Pub. L. 90–578. See chapter 43 (§ 631 et seq.) of Title 28. Executive Documents TRANSFER OF FUNCTIONS Enforcement functions of Secretary or other official in Department of the Interior related to compliance with this subchapter with respect to pre-construction, construction, and initial operation of transportation system for Canadian and Alaskan natural gas trans- ferred to Federal Inspector, Office of Federal Inspector for Alaska Natural Gas Transportation System, until first anniversary of date of initial operation of Alaska Natural Gas Transportation System, see Reorg. Plan No. 1 of 1979, §§ 102(e), 203(a), 44 F.R. 33663, 33666, 93 Stat. 1373, 1376, effective July 1, 1979, set out in the Appendix to Title 5, Government Organization and Employees. Office of Federal Inspector for the Alaska Natural Gas Transportation System abolished and functions and au- thority vested in Inspector transferred to Secretary of Energy by section 3012(b) of Pub. L. 102–486, set out as an Abolition of Office of Federal Inspector note under section 719e of Title 15, Commerce and Trade. Func- tions and authority vested in Secretary of Energy sub- sequently transferred to Federal Coordinator for Alas- ka Natural Gas Transportation Projects by section 720d(f) of Title 15. § 668c. Definitions As used in this subchapter ‘‘whoever’’ includes also associations, partnerships, and corpora- tions; ‘‘take’’ includes also pursue, shoot, shoot at, poison, wound, kill, capture, trap, collect, molest or disturb; ‘‘transport’’ includes also ship, convey, carry, or transport by any means whatever, and deliver or receive or cause to be delivered or received for such shipment, convey- ance, carriage, or transportation. (June 8, 1940, ch. 278, § 4, 54 Stat. 251; Pub. L. 92–535, § 4, Oct. 23, 1972, 86 Stat. 1065.) Editorial Notes AMENDMENTS 1972—Pub. L. 92–535 substituted ‘‘poison, wound, kill, capture, trap, collect, molest’’ for ‘‘wound, kill, cap- ture, trap, collect, or otherwise willfully molest’’. § 668d. Availability of appropriations for Migra- tory Bird Treaty Act Moneys now or hereafter available to the Sec- retary of the Interior for the administration and enforcement of the Migratory Bird Treaty Act of July 3, 1918 [16 U.S.C. 703 et seq.], shall be equally available for the administration and en- forcement of this subchapter. (June 8, 1940, ch. 278, § 5, 54 Stat. 251.) 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 chapter 7 of this title. For complete classification of this Act to the Code, see section 710 of this title and Tables. SUBCHAPTER III—ENDANGERED SPECIES OF FISH AND WILDLIFE §§ 668aa to 668cc–6. Repealed. Pub. L. 93–205, § 14, Dec. 28, 1973, 87 Stat. 903 The provisions of sections 668aa to 668cc–6, which, pursuant to section 12(d) of Pub. L. 91–135, Dec. 5, 1969, 83 Stat. 283, were known as the ‘‘Endangered Species Conservation Act of 1969’’, are covered by section 1531 et seq. of this title. Section 668aa, Pub. L. 89–669, § 1, Oct. 15, 1966, 80 Stat. 926; Pub. L. 91–135, § 12(a), (e), Dec. 5, 1969, 83 Stat. 282, 283, set out the Congressional findings, declaration of policy, and statement of purposes in seeking the pro- tection of endangered species of fish and wildlife. Section 668bb, Pub. L. 89–669, § 2, Oct. 15, 1966, 80 Stat. 926; Pub. L. 91–135, § 12(b), (c), Dec. 5, 1969, 83 Stat. 282, set out the powers and duties of the Secretary of the Interior in carrying out the mandate of the Endangered Species Conservation Act of 1969. Section 668cc, Pub. L. 89–669, § 3, Oct. 15, 1966, 80 Stat. 927, covered the Secretary’s duty to cooperate with the States, area administration, management agreements, and disposition of revenues. Section 668cc–1, Pub. L. 91–135, § 1, Dec. 5, 1969, 83 Stat. 275, defined ‘‘Secretary’’, ‘‘fish or wildlife’’, ‘‘United States’’, and ‘‘person’’. Section 668cc–2, Pub. L. 91–135, § 2, Dec. 5, 1969, 83 Stat. 275, covered importation of endangered species and set out civil and criminal penalties by reference to provisions of section 668cc–4 of this title. Section 668cc–3, Pub. L. 91–135, § 3, Dec. 5, 1969, 83 Stat. 275, provided for determination by the Secretary of the species threatened with extinction, methods to be used and factors determinative of Secretary’s deter- mination, and rule making procedures to be used. Section 668cc–4, Pub. L. 91–135, § 4, Dec. 5, 1969, 83 Stat. 276, set out penalties for violation of sections 668cc–2 and 668cc–3 of this title and provisions for their enforcement. Section 668cc–5, Pub. L. 91–135, § 5, Dec. 5, 1969, 83 Stat. 278, covered international agreements for fish and wildlife preservation. Section 668cc–6, Pub. L. 91–135, § 6, Dec. 5, 1969, 83 Stat. 278, called for coordination of administration of provisions relating to endangered species of fish and wildlife with animal quarantine and tariff laws, and provided for non-impairment of functions of Secre- taries of Agriculture and Treasury under agriculture and tariff laws, including imports. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF REPEAL Repeal effective Dec. 28, 1973, see section 16 of Pub. L. 93–205, set out as an Effective Date note under section 1531 of this title. § 668dd. National Wildlife Refuge System (a) Designation; administration; continuance of resources-management-programs for refuge lands in Alaska; disposal of acquired lands; proceeds (1) For the purpose of consolidating the au- thorities relating to the various categories of areas that are administered by the Secretary for the conservation of fish and wildlife, including species that are threatened with extinction, all lands, waters, and interests therein adminis- tered by the Secretary as wildlife refuges, areas for the protection and conservation of fish and wildlife that are threatened with extinction, wildlife ranges, game ranges, wildlife manage- ment areas, or waterfowl production areas are hereby designated as the ‘‘National Wildlife Ref-

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

16 U.S.C. § 668d — Availability of appropriations for Migratory Bird Treaty Act

Moneys now or hereafter available to the Secretary of the Interior for the administration and enforcement of the Migratory Bird Treaty Act of July 3, 1918 [[16 U.S.C. 703](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section703&num=0&edition=prelim) et seq.], shall be equally available for the administration and enforcement of this subchapter.

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

16 U.S.C. § 703 — Taking, killing, or possessing migratory birds unlawful

**(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

16 U.S.C. § 703 — Taking, killing, or possessing migratory

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

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