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16 U.S.C. § 742j-1 — Airborne hunting

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16 U.S.C. § 742j-1 — Airborne hunting

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Page 1311 TITLE 16—CONSERVATION § 742j–1 section 1364 of title 19, or when an investigation is made under the Tariff Act of 1930 (19 U.S.C. 1332), the Secretary is authorized to make a re- port to such Commission, concerning the fol- lowing matters with respect to any fishery prod- uct which is imported into the United States, or such reports may be made upon a request from any segment of the domestic industry producing a like or directly competitive product— (1) whether there has been a downward trend in the production, employment in the produc- tion, or prices, or a decline in the sales, of the like or directly competitive product by the do- mestic industry; and (2) whether there has been an increase in the imports of the fishery products into the United States, either actual or relative to the production of the like or directly competitive product produced by the domestic industry. (Aug. 8, 1956, ch. 1036, § 9, 70 Stat. 1123; Pub. L. 93–618, title I, § 171(b), Jan. 3, 1975, 88 Stat. 2009; Pub. L. 96–470, title I, § 103(a), Oct. 19, 1980, 94 Stat. 2237.) Editorial Notes REFERENCES IN TEXT Section 1364 of title 19, referred to in subsec. (b), was repealed by Pub. L. 87–794, title II, § 257(e)(1), Oct. 11, 1962, 76 Stat. 882. AMENDMENTS 1980—Subsec. (a). Pub. L. 96–470 struck out subsec. (a) which required Secretary of the Interior to make an annual report to Congress with respect to activities of United States Fish and Wildlife Service under this Act, accompanied by appropriate legislative recommenda- tions. 1975—Subsec. (b). Pub. L. 93–618 substituted ‘‘United States International Trade Commission’’ for ‘‘United States Tariff Commission’’. Executive Documents TRANSFER OF FUNCTIONS Transfer of functions to Secretary of Commerce from Secretary of the Interior by Reorg. Plan No. 4 of 1970, eff. Oct. 3, 1970, 35 F.R. 15627, 84 Stat. 2090, see note set out under section 742b of this title. § 742i. Effect on rights of States and inter- national commissions Nothing in this Act shall be construed (1) to interfere in any manner with the rights of any State under the Submerged Lands Act [43 U.S.C. 1301 et seq.] or otherwise provided by law, or to supersede any regulatory authority over fish- eries exercised by the States either individually or under interstate compacts; or (2) to interfere in any manner with the authority exercised by any International Commission established under any treaty or convention to which the United States is a party. (Aug. 8, 1956, ch. 1036, § 10, 70 Stat. 1124.) Editorial Notes REFERENCES IN TEXT This Act, referred to in text, is act Aug. 8, 1956, ch. 1036, 70 Stat. 1119, known as the Fish and Wildlife Act of 1956, which is classified generally to sections 742a to 742d and 742e to 742j–2 of this title. For complete classi- fication of this Act to the Code, see Short Title note set out under section 742a of this title and Tables. The Submerged Lands Act, referred to in text, is act May 22, 1953, ch. 65, 67 Stat. 29, which is classified gen- erally to subchapters I and II (§§ 1301 et seq., 1311 et seq.) of chapter 29 of Title 43, Public Lands. For com- plete classification of this Act to the Code, see Short Title note set out under section 1301 of Title 43 and Ta- bles. § 742j. Authorization of appropriations There are hereby authorized to be appro- priated such sums as may be necessary to carry out the provisions of this Act. (Aug. 8, 1956, ch. 1036, § 11, 70 Stat. 1124.) Editorial Notes REFERENCES IN TEXT This Act, referred to in text, is act Aug. 8, 1956, ch. 1036, 70 Stat. 1119, known as the Fish and Wildlife Act of 1956, which is classified generally to sections 742a to 742d and 742e to 742j–2 of this title. For complete classi- fication of this Act to the Code, see Short Title note set out under section 742a of this title and Tables. § 742j–1. Airborne hunting (a) Prohibition; penalty Any person who— (1) while airborne in an aircraft shoots or at- tempts to shoot for the purpose of capturing or killing any bird, fish, or other animal; or (2) uses an aircraft to harass any bird, fish, or other animal; or (3) knowingly participates in using an air- craft for any purpose referred to in paragraph (1) or (2); shall be fined not more than $5,000 or imprisoned not more than one year, or both. (b) Exception; report of State to Secretary (1) This section shall not apply to any person if such person is employed by, or is an author- ized agent of or is operating under a license or permit of, any State or the United States to ad- minister or protect or aid in the administration or protection of land, water, wildlife, livestock, domesticated animals, human life, or crops, and each such person so operating under a license or permit shall report to the applicable issuing au- thority each calendar quarter the number and type of animals so taken. (2) In any case in which a State, or any agency thereof, issues a permit referred to in paragraph (1) of this subsection, it shall file with the Sec- retary of the Interior an annual report con- taining such information as the Secretary shall prescribe, including but not limited to— (A) the name and address of each person to whom a permit was issued; (B) a description of the animals authorized to be taken thereunder, the number of animals authorized to be taken, and a description of the area from which the animals are author- ized to be taken; (C) the number and type of animals taken by such person to whom a permit was issued; and (D) the reason for issuing the permit. (c) ‘‘Aircraft’’ defined As used in this section, the term ‘‘aircraft’’ means any contrivance used for flight in the air. Page 1312 TITLE 16—CONSERVATION § 742j–2 1 So in original. Probably should be ‘‘section’’. (d) Enforcement; regulations; arrest; search; issuance and execution of warrants and process; cooperative agreements The Secretary of the Interior shall enforce the provisions of this section and shall promulgate such regulations as he deems necessary and ap- propriate to carry out such enforcement. Any employee of the Department of the Interior au- thorized by the Secretary of the Interior to en- force the provisions of this section may, without warrant, arrest any person committing in his presence or view a violation of this section or of any regulation issued hereunder and take such person immediately for examination or trial be- fore an officer or court of competent jurisdic- tion; may execute any warrant or other process issued by an officer or court of competent juris- diction for the enforcement of the provisions of this section; and may, with or without a war- rant, as authorized by law, search any place. The Secretary of the Interior is authorized to enter into cooperative agreements with State fish and wildlife agencies or other appropriate State authorities to facilitate enforcement of this section, and by such agreements to delegate such enforcement authority to State law en- forcement personnel as he deems appropriate for effective enforcement of this section. Any judge of any court established under the laws of the United States, and any United States mag- istrate judge may, within his respective jurisdic- tion, upon proper oath or affirmation showing probable cause, issue warrants in all such cases. (e) Forfeiture All birds, fish, or other animals shot or cap- tured contrary to the provisions of this section, or of any regulation issued hereunder, and all guns, aircraft, and other equipment used to aid in the shooting, attempting to shoot, capturing, or harassing of any bird, fish, or other animal in violation of this section or of any regulation issued hereunder shall be subject to forfeiture to the United States. (f) Certain customs laws applied All provisions of law relating to the seizure, forfeiture, and condemnation of a vessel for vio- lation of the customs laws, the disposition of such vessel or the proceeds from the sale there- of, and the remission or mitigation of such for- feitures, shall apply to the seizures and forfeit- ures incurred, or alleged to have been incurred, under the provisions of this section, insofar as such provisions of law are applicable and not in- consistent with the provisions of this section; except that all powers, rights, and duties con- ferred or imposed by the customs laws upon any officer or employee of the Treasury Department shall, for the purposes of this section, be exer- cised or performed by the Secretary of the Inte- rior or by such persons as he may designate. (Aug. 8, 1956, ch. 1036, § 13, as added Pub. L. 92–159, § 1, Nov. 18, 1971, 85 Stat. 480; amended Pub. L. 92–502, Oct. 18, 1972, 86 Stat. 905; Pub. L. 101–650, title III, § 321, Dec. 1, 1990, 104 Stat. 5117.) Editorial Notes AMENDMENTS 1972—Subsecs. (d) to (f). Pub. L. 92–502 added subsecs. (d) to (f). Statutory Notes and Related Subsidiaries CHANGE OF NAME ‘‘United States magistrate judge’’ substituted for ‘‘United States magistrate’’ in subsec. (d) pursuant to section 321 of Pub. L. 101–650, set out as a note under section 631 of Title 28, Judiciary and Judicial Proce- dure. EFFECTIVE DATE Pub. L. 92–159, § 3, Nov. 18, 1971, 85 Stat. 481, provided that: ‘‘The amendments made by the first section of this Act [enacting this section] shall take effect as of the thirtieth day after the date of enactment of such section [Nov. 18, 1971]; except that, in any case in which a State is not authorized to issue any permit referred to in the amendments made by such first section, such amendments shall take effect in any such State as of the thirtieth day after the expiration of the next reg- ular session of the legislature of such State which be- gins on or after the date of enactment of this Act.’’ § 742j–2. Uniform allowance Notwithstanding subsection 1 5901(a) of title 5, the uniform allowance for each uniformed em- ployee of the United States Fish and Wildlife Service may be up to $400 annually. (Aug. 8, 1956, ch. 1036, § 14, as added Pub. L. 96–291, § 2, June 28, 1980, 94 Stat. 608.) § 742k. Management and disposition of vessels and other property acquired and arising out of fishery loans or related type of activities For the purpose of facilitating administration of, and protecting the interest of the Govern- ment in, the fishery loan fund established by section 742c of this title and any related type of activities relating to fisheries for which the De- partment of the Interior is now or may hereafter be responsible, the Secretary of the Interior, notwithstanding any other provisions of law, may hereafter administer, complete, recondi- tion, reconstruct, renovate, repair, maintain, operate, charter, assign, or sell upon such terms and conditions as he may deem most advan- tageous to the United States, any vessel, plant, or other property acquired by him on behalf of the United States and arising out of any fishery loan or any related type of activity by the Sec- retary of the Interior. The Secretary may use any of the applicable funds in each particular in- stance for the aforesaid purposes. (Pub. L. 87–219, Sept. 13, 1961, 75 Stat. 493.) Executive Documents TRANSFER OF FUNCTIONS Transfer of functions to Secretary of Commerce from Secretary of the Interior by Reorg. Plan No. 4 of 1970, eff. Oct. 3, 1970, 35 F.R. 15627, 84 Stat. 2090, see Transfer of Functions note set out under section 742b of this title. § 742l. Enforcement authority for the protection of fish and wildlife resources (a) Law enforcement training program (1) In order to provide for and encourage train- ing, research, and development for the purpose of improving fish and wildlife law enforcement

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

19 U.S.C. § 1332 — Investigations

**(a) Investigations and reports** It shall be the duty of the commission to investigate the administration and fiscal and industrial effects of the customs laws of this country, the relations between the rates of duty on raw materials and finished or partly finished products, the effects of ad valorem and specific duties and of compound specific and ad valorem duties, all questions relative to the arrangement of schedules and classification of articles in the several schedules of the customs law, and, in general, to investigate the operation of customs laws, including their relation to the Federal revenues, their effect upon the industries and labor of the country, and to submit reports of its investigations as hereafter provided. **(b) Investigations of tariff relations** The commission shall have power to investigate the tariff relations between the United States and foreign countries, commercial treaties, preferential provisions, economic alliances, the effect of export bounties and preferential transportation rates, the volume of importations compared with domestic production and consumption, and conditions, causes, and effects relating to competition of foreign industries with those of the United States, including dumping and cost of production. **(c) Investigation of Paris Economy Pact** The commission shall have power to investigate the Paris Economy Pact and similar organizations and arrangements in Europe. **(d) Information for President and Congress** In order that the President and the Congress may secure information and assistance, it shall be the duty of the commission to— (1) Ascertain conversion costs and costs of production in the principal growing, producing, or manufacturing centers of the United States of articles of the United States, whenever i

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

19 U.S.C. § 1332 — Investigations

Page 108 TITLE 19—CUSTOMS DUTIES § 1332 bility, shall represent himself as speaking for the Commission, or his views as being the views of the Commission, with respect to such matter except to the extent that the Commission has adopted the policy being expressed. (b) Application of civil service law Except for employees excepted under civil service rules, all employees of the commission shall be appointed from lists of eligibles to be supplied by the Director of the Office of Per- sonnel Management and in accordance with the civil service law. (c) Expenses All of the expenses of the commission, includ- ing all necessary expenses for transportation in- curred by the commissioners or by their employ- ees under their orders in making any investiga- tion or upon official business in any other places than at their respective headquarters, shall be allowed and paid on the presentation of itemized vouchers therefor approved by the chairman (ex- cept that in the case of a commissioner, or the personal staff of any commissioner, such vouch- ers may be approved by that commissioner). (d) Principal office at Washington The principal office of the commission shall be in the city of Washington, but it may meet and exercise all its powers at any other place. The commission may, by one or more of its mem- bers, or by such agents as it may designate, prosecute any inquiry necessary to its duties in any part of the United States or in any foreign country. (e) Office at New York The commission is authorized to establish and maintain an office at the port of New York for the purpose of directing or carrying on any in- vestigation, receiving and compiling statistics, selecting, describing, and filing samples of arti- cles, and performing any of the duties or ex

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

43 U.S.C. § 1301 — Definitions

When used in this subchapter and subchapter II— **(a)** The term “lands beneath navigable waters” means— (1) all lands within the boundaries of each of the respective States which are covered by nontidal waters that were navigable under the laws of the United States at the time such State became a member of the Union, or acquired sovereignty over such lands and waters thereafter, up to the ordinary high water mark as heretofore or hereafter modified by accretion, erosion, and reliction; (2) all lands permanently or periodically covered by tidal waters up to but not above the line of mean high tide and seaward to a line three geographical miles distant from the coast line of each such State and to the boundary line of each such State where in any case such boundary as it existed at the time such State became a member of the Union, or as heretofore approved by Congress, extends seaward (or into the Gulf of Mexico) beyond three geographical miles,11 So in original. The comma probably should be a semicolon. and (3) all filled in, made, or reclaimed lands which formerly were lands beneath navigable waters, as hereinabove defined; **(b)** The term “boundaries” includes the seaward boundaries of a State or its boundaries in the Gulf of Mexico or any of the Great Lakes as they existed at the time such State became a member of the Union, or as heretofore approved by the Congress, or as extended or confirmed pursuant to [section 1312 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section1312&num=0&edition=prelim) but in no event shall the term “boundaries” or the term “lands beneath navigable waters” be interpreted as extending from the coast line more than three geographical miles into the Atlantic Ocean or the Pacific Ocean, or more tha

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

43 U.S.C. § 1301 — Definitions

Page 317 TITLE 43—PUBLIC LANDS § 1301 1 So in original. The comma probably should be a semicolon. and tenants of land acquired for developments and to applications for payments. Section 1232, Pub. L. 85–433, § 2, May 29, 1958, 72 Stat. 152, related to administration and rules and regula- tions. Section 1233, Pub. L. 85–433, § 3, May 29, 1958, 72 Stat. 152, related to definitions. Section 1234, Pub. L. 85–433, § 4, May 29, 1958, 72 Stat. 152, related to availability of appropriations. See sec- tion 4601 et seq. of Title 42, The Public Health and Wel- fare. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF REPEAL Repeal effective Jan. 2, 1971, see section 221 of Pub. L. 91–646, set out as an Effective Date note under section 4601 of Title 42, The Public Health and Welfare. SAVINGS PROVISION Any rights or liabilities existing under provisions re- pealed by section 220(a) of Pub. L. 91–646 as not affected by such repeal, see section 220(b) of Pub. L. 91–646, set out as a note under section 4621 of Title 42, The Public Health and Welfare. SUBCHAPTER XIII—STATE CONTROL OF NOXIOUS PLANTS ON GOVERNMENT LANDS § 1241. Transferred Editorial Notes CODIFICATION Section 1241 was editorially reclassified as section 2701 of this title. § 1242. Transferred Editorial Notes CODIFICATION Section 1242 was editorially reclassified as section 2702 of this title. § 1243. Transferred Editorial Notes CODIFICATION Section 1243 was editorially reclassified as section 2703 of this title. CHAPTER 29—SUBMERGED LANDS SUBCHAPTER I—GENERAL PROVISIONS Sec. 1301. Definitions. 1302. Resources seaward of Continental Shelf. 1303. Amendment, modification, or repeal of other laws. SUBCHAPTER II—LANDS BENEATH NAVIGABLE WATERS WITHIN STATE BOUNDARIES 1311. Righ

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