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16 U.S.C. § 2912 — Untitled legal text

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

16 U.S.C. § 2912 — Untitled legal text

Page 2229 TITLE 16—CONSERVATION § 2912 parties, shall conduct a comprehensive study to determine the most equitable and effective mechanism for funding State conservation plans and actions under this chapter, including, but not limited to, funding by means of an excise tax on appropriate items. On or before December 31, 1984, the Director shall report to the Com- mittee on Environment and Public Works of the Senate and to the Committee on Merchant Ma- rine and Fisheries of the House of Representa- tives the results of such study, together with his recommendations with respect thereto. (Pub. L. 96–366, § 12, Sept. 29, 1980, 94 Stat. 1330; Pub. L. 97–396, § 6, Dec. 31, 1982, 96 Stat. 2006.) Editorial Notes AMENDMENTS 1982—Pub. L. 97–396 struck out ‘‘, out of funds avail- able for the administration of this chapter’’ after ‘‘shall conduct’’, and substituted ‘‘December 31, 1984’’ for ‘‘the expiration of the 30-month period following the date of enactment of this Act [Sept. 29, 1980]’’ after ‘‘On or before’’. Statutory Notes and Related Subsidiaries ABOLITION OF HOUSE COMMITTEE ON MERCHANT MARINE AND FISHERIES Committee on Merchant Marine and Fisheries of House of Representatives abolished and its jurisdiction transferred by House Resolution No. 6, One Hundred Fourth Congress, Jan. 4, 1995. Committee on Merchant Marine and Fisheries of House of Representatives treat- ed as referring to Committee on Resources of House of Representatives in case of provisions relating to fish- eries, wildlife, international fishing agreements, ma- rine affairs (including coastal zone management) ex- cept for measures relating to oil and other pollution of navigable waters, or oceanography by section 1(b)(3) of Pub. L. 104–14, set out as a note preceding section 21 of

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Page 2229 TITLE 16—CONSERVATION § 2912 parties, shall conduct a comprehensive study to determine the most equitable and effective mechanism for funding State conservation plans and actions under this chapter, including, but not limited to, funding by means of an excise tax on appropriate items. On or before December 31, 1984, the Director shall report to the Com- mittee on Environment and Public Works of the Senate and to the Committee on Merchant Ma- rine and Fisheries of the House of Representa- tives the results of such study, together with his recommendations with respect thereto. (Pub. L. 96–366, § 12, Sept. 29, 1980, 94 Stat. 1330; Pub. L. 97–396, § 6, Dec. 31, 1982, 96 Stat. 2006.) Editorial Notes AMENDMENTS 1982—Pub. L. 97–396 struck out ‘‘, out of funds avail- able for the administration of this chapter’’ after ‘‘shall conduct’’, and substituted ‘‘December 31, 1984’’ for ‘‘the expiration of the 30-month period following the date of enactment of this Act [Sept. 29, 1980]’’ after ‘‘On or before’’. Statutory Notes and Related Subsidiaries ABOLITION OF HOUSE COMMITTEE ON MERCHANT MARINE AND FISHERIES Committee on Merchant Marine and Fisheries of House of Representatives abolished and its jurisdiction transferred by House Resolution No. 6, One Hundred Fourth Congress, Jan. 4, 1995. Committee on Merchant Marine and Fisheries of House of Representatives treat- ed as referring to Committee on Resources of House of Representatives in case of provisions relating to fish- eries, wildlife, international fishing agreements, ma- rine affairs (including coastal zone management) ex- cept for measures relating to oil and other pollution of navigable waters, or oceanography by section 1(b)(3) of Pub. L. 104–14, set out as a note preceding section 21 of Title 2, The Congress. Committee on Resources of House of Representatives changed to Committee on Natural Resources of House of Representatives by House Resolution No. 6, One Hundred Tenth Congress, Jan. 5, 2007. § 2912. Federal conservation of migratory nongame birds (a) Conservation activities The Secretary shall undertake the following research and conservation activities, in coordi- nation with other Federal, State, international and private organizations, to assist in fulfilling his responsibilities to conserve migratory nongame birds under existing authorities pro- vided by the Migratory Bird Treaty Act and Mi- gratory Bird Conservation Act (16 U.S.C. 701–715) and section 8A(e) of the Endangered Species Act [16 U.S.C. 1537a(e)] implementing the Convention on Nature Protection and Wildlife Preservation in the Western Hemisphere: (1) monitor and assess population trends and status of species, subspecies, and populations of all migratory nongame birds; (2) identify the effects of environmental changes and human activities on species, sub- species, and populations of all migratory nongame birds; (3) identify species, subspecies, and popu- lations of all migratory nongame birds that, without additional conservation actions, are likely to become candidates for listing under the Endangered Species Act of 1973, as amend- ed (16 U.S.C. 1531–1543); (4) identify conservation actions to assure that species, subspecies, and populations of migratory nongame birds identified under paragraph (3) do not reach the point at which the measures provided pursuant to the Endan- gered Species Act of 1973, as amended (16 U.S.C. 1531–1543) become necessary; and (5) identify lands and waters in the United States and other nations in the Western Hemi- sphere whose protection, management, or ac- quisition will foster the conservation of spe- cies, subspecies, and populations of migratory nongame birds, including those identified in paragraph (3). (b) Reports Within one year after November 14, 1988, and at five-year intervals thereafter, the Secretary shall prepare a report that presents the results of the activities taken pursuant to subsection (a) of this section and that describes any efforts to carry out those conservation actions identi- fied pursuant to paragraph (4) of subsection (a) of this section. Such reports shall be submitted to the Committee on Environment and Public Works of the United States Senate and to the Committee on Merchant Marine and Fisheries of the United States House of Representatives. (Pub. L. 96–366, § 13, as added Pub. L. 100–653, title VIII, § 802, Nov. 14, 1988, 102 Stat. 3833; amended Pub. L. 101–233, § 16(b), Dec. 13, 1989, 103 Stat. 1977.) Editorial Notes REFERENCES IN TEXT 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. 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 Endangered Species Act of 1973, referred to in subsec. (a)(3), (4), is Pub. L. 93–205, Dec. 28, 1973, 87 Stat. 884, which is classified generally to chapter 35 (§ 1531 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under sec- tion 1531 of this title and Tables. CODIFICATION November 14, 1988, referred to in subsec. (b), was in the original ‘‘the date of enactment of this Act’’ which was translated as meaning the date of enactment of Pub. L. 100–653, which enacted this section, to reflect the probable intent of Congress. AMENDMENTS 1989—Subsec. (a)(5). Pub. L. 101–233 added par. (5). Statutory Notes and Related Subsidiaries ABOLITION OF HOUSE COMMITTEE ON MERCHANT MARINE AND FISHERIES Committee on Merchant Marine and Fisheries of House of Representatives abolished and its jurisdiction transferred by House Resolution No. 6, One Hundred Fourth Congress, Jan. 4, 1995. Committee on Merchant Page 2230 TITLE 16—CONSERVATION §§ 3001 to 3007 Marine and Fisheries of House of Representatives treat- ed as referring to Committee on Resources of House of Representatives in case of provisions relating to fish- eries, wildlife, international fishing agreements, ma- rine affairs (including coastal zone management) ex- cept for measures relating to oil and other pollution of navigable waters, or oceanography by section 1(b)(3) of Pub. L. 104–14, set out as a note preceding section 21 of Title 2, The Congress. Committee on Resources of House of Representatives changed to Committee on Natural Resources of House of Representatives by House Resolution No. 6, One Hundred Tenth Congress, Jan. 5, 2007. CHAPTER 50—CHESAPEAKE BAY RESEARCH COORDINATION §§ 3001 to 3007. Omitted Editorial Notes CODIFICATION Sections 3001 to 3007 were omitted pursuant to sec- tion 3007 which provided that this chapter terminated Sept. 30, 1984. Section 3001, Pub. L. 96–460, § 2, Oct. 15, 1980, 94 Stat. 2044, stated the Congressional findings and purposes for this chapter. Section 3002, Pub. L. 96–460, § 3, Oct. 15, 1980, 94 Stat. 2045, defined terms for the purposes of this chapter. Section 3003, Pub. L. 96–460, § 4, Oct. 15, 1980, 94 Stat. 2045, required the Secretary of Commerce to establish in the Department of Commerce an office for Chesa- peake Bay Research Coordination. Section 3004, Pub. L. 96–460, § 5, Oct. 15, 1980, 94 Stat. 2046, established the Chesapeake Bay Research Board. Section 3005, Pub. L. 96–460, § 6, Oct. 15, 1980, 94 Stat. 2047, authorized appropriations to carry out the pur- poses of this chapter. Section 3006, Pub. L. 96–460, § 7, Oct. 15, 1980, 94 Stat. 2047, established the relationship between this chapter and existing Federal, State, and local authority. Section 3007, Pub. L. 96–460, § 8, Oct. 15, 1980, 94 Stat. 2048, provided that this chapter and the authority con- ferred by it would terminate Sept. 30, 1984. Statutory Notes and Related Subsidiaries SHORT TITLE Pub. L. 96–460, § 1, Oct. 15, 1980, 94 Stat. 2044, provided that this chapter may be cited as the ‘‘Chesapeake Bay Research Coordination Act of 1980’’. CHAPTER 51—ALASKA NATIONAL INTEREST LANDS CONSERVATION SUBCHAPTER I—GENERAL PROVISIONS Sec. 3101. Congressional statement of purpose. 3102. Definitions. 3103. Maps. SUBCHAPTER II—SUBSISTENCE MANAGEMENT AND USE 3111. Congressional declaration of findings. 3112. Congressional statement of policy. 3113. Definitions. 3114. Preference for subsistence uses. 3115. Local and regional participation. 3116. Federal monitoring; reports to State and Con- gressional committees. 3117. Judicial enforcement. 3118. Park and park monument subsistence re- source commissions. 3119. Cooperative agreements. 3120. Subsistence and land use decisions. 3121. Rural residents engaged in subsistence uses. 3122. Research. Sec. 3123. Periodic reports. 3124. Regulations. 3125. Limitations and savings clauses. 3126. Closure to subsistence uses. SUBCHAPTER III—FEDERAL NORTH SLOPE LANDS STUDIES, OIL AND GAS LEASING PRO- GRAM AND MINERAL ASSESSMENTS 3141. Overall study program. 3142. Arctic National Wildlife Refuge coastal plain resource assessment. 3143. Production of oil and gas from Arctic Na- tional Wildlife Refuge prohibited. 3144. Wilderness portion of study. 3145. Wildlife resources portion of study and im- pact of potential oil spills in Arctic Ocean. 3146. Transportation alternatives portion of study. 3147. Arctic research study. 3148. Oil and gas leasing program for non-North Slope Federal lands. 3149. Oil and gas lease applications. 3150. Alaska mineral resource assessment program. 3151. Omitted. SUBCHAPTER IV—TRANSPORTATION AND UTIL- ITY SYSTEMS IN AND ACROSS, AND ACCESS INTO, CONSERVATION SYSTEM UNITS 3161. Congressional declaration of findings. 3162. Definitions. 3163. Effect on other laws. 3164. Procedural requirements. 3165. Standards for granting certain authoriza- tions. 3166. Agency, Presidential, and Congressional ac- tions. 3167. Rights-of-way terms and conditions. 3168. Injunctive relief. 3169. Valid existing right of access. 3170. Special access and access to inholdings. 3171. Temporary access. 3172. North Slope Haul Road. 3173. Stikine River region; Presidential study and report to Congress. SUBCHAPTER V—FEDERAL-STATE COOPERATION 3181. Alaska Land Use Council. 3182. Federal Coordination Committee. 3183. Bristol Bay Cooperative Region. SUBCHAPTER VI—ADMINISTRATIVE PROVISIONS 3191. Management plans. 3192. Land acquisition authority. 3192a. Restrictions on use of appropriated funds. 3193. Use of cabins and other sites of occupancy on conservation system units. 3194. Archeological and paleontological sites. 3195. Cooperative information and education cen- ters. 3196. Administrative sites and visitor facilities. 3197. Revenue-producing visitor services. 3198. Local hire. 3199. Navigation aids and other facilities. 3200. Denali Scenic Highway study. 3201. Administration of national preserves. 3202. Taking of fish and wildlife. 3203. Wilderness management. 3204. Allowed uses. 3205. General wilderness review. 3206. Statewide cultural assistance program. 3207. Effect on existing rights; water resources. 3208. Authorization of appropriations; contract au- thority. 3209. Effect on prior withdrawals. 3210. Access by owner to nonfederally owned land. 3211. Yukon Flats National Wildlife Refuge agri- cultural use. 3212. Terror Lake Hydroelectric Project in Kodiak National Wildlife Refuge. 3213. Future executive branch actions.

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

16 U.S.C. § 1531 — Congressional findings and declaration of purposes and policy

**(a) Findings** The Congress finds and declares that— (1) various species of fish, wildlife, and plants in the United States have been rendered extinct as a consequence of economic growth and development untempered by adequate concern and conservation; (2) other species of fish, wildlife, and plants have been so depleted in numbers that they are in danger of or threatened with extinction; (3) these species of fish, wildlife, and plants are of esthetic, ecological, educational, historical, recreational, and scientific value to the Nation and its people; (4) the United States has pledged itself as a sovereign state in the international community to conserve to the extent practicable the various species of fish or wildlife and plants facing extinction, pursuant to— (A) migratory bird treaties with Canada and Mexico; (B) the Migratory and Endangered Bird Treaty with Japan; (C) the Convention on Nature Protection and Wildlife Preservation in the Western Hemisphere; (D) the International Convention for the Northwest Atlantic Fisheries; (E) the International Convention for the High Seas Fisheries of the North Pacific Ocean; (F) the Convention on International Trade in Endangered Species of Wild Fauna and Flora; and (G) other international agreements; and (5) encouraging the States and other interested parties, through Federal financial assistance and a system of incentives, to develop and maintain conservation programs which meet national and international standards is a key to meeting the Nation’s international commitments and to better safeguarding, for the benefit of all citizens, the Nation’s herit­age in fish, wildlife, and plants. **(b) Purposes** The purposes of this chapter are to provide a means whereby the ecosystems upon which endangered

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

16 U.S.C. § 1531 — Congressional findings and declaration of

Page 1909 TITLE 16—CONSERVATION § 1531 maintenance of continuing and stable supply of agri- cultural commodities and forest products. Section 1502, Pub. L. 91–524, title X, § 1002, as added Pub. L. 93–86, § 1(28), Aug. 10, 1973, 87 Stat. 242, required eligible landowners and operators to furnish plan of farming operations or land use to Secretary. Section 1503, Pub. L. 91–524, title X, § 1003, as added Pub. L. 93–86, § 1(28), Aug. 10, 1973, 87 Stat. 242; amended Pub. L. 93–125, § 1(g)(i), Oct. 18, 1973, 87 Stat. 450, related to approved conservation plans as basis for contracts, duties under contracts, and termination or modifica- tion of contracts. Section 1504, Pub. L. 91–524, title X, § 1004, as added Pub. L. 93–86, § 1(28), Aug. 10, 1973, 87 Stat. 243, author- ized furnishing of conservation materials to eligible owners and operators. Section 1505, Pub. L. 91–524, title X, § 1005, as added Pub. L. 93–86, § 1(28), Aug. 10, 1973, 87 Stat. 243; amended Pub. L. 95–113, title XV, § 1509, Sept. 29, 1977, 91 Stat. 1022, authorized establishment of multiyear set-aside contracts. Section 1506, Pub. L. 91–524, title X, § 1006, as added Pub. L. 93–86, § 1(28), Aug. 10, 1973, 87 Stat. 244, author- ized issuance of rules and regulations as well as limita- tions on total retired acreage. Section 1507, Pub. L. 91–524, title X, § 1007, as added Pub. L. 93–86, § 1(28), Aug. 10, 1973, 87 Stat. 244; amended Pub. L. 93–125, § 1(g)(ii), Oct. 18, 1973, 87 Stat. 450, di- rected appointment of advisory boards to assist in de- velopment of programs under this chapter. Section 1508, Pub. L. 91–524, title X, § 1008, as added Pub. L. 93–86, § 1(28), Aug. 10, 1973, 87 Stat. 244, directed coordination with and utilization of Federal, State, and local services and facili

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

16 U.S.C. § 1537a — Convention implementation

**(a) Management Authority and Scientific Authority** The Secretary of the Interior (hereinafter in this section referred to as the “Secretary”) is designated as the Management Authority and the Scientific Authority for purposes of the Convention and the respective functions of each such Authority shall be carried out through the United States Fish and Wildlife Service. **(b) Management Authority functions** The Secretary shall do all things necessary and appropriate to carry out the functions of the Management Authority under the Convention. **(c) Scientific Authority functions; determinations** (1) The Secretary shall do all things necessary and appropriate to carry out the functions of the Scientific Authority under the Convention. (2) The Secretary shall base the determinations and advice given by him under Article IV of the Convention with respect to wildlife upon the best available biological information derived from professionally accepted wildlife management practices; but is not required to make, or require any State to make, estimates of population size in making such determinations or giving such advice. **(d) Reservations by the United States under Convention** If the United States votes against including any species in Appendix I or II of the Convention and does not enter a reservation pursuant to paragraph (3) of Article XV of the Convention with respect to that species, the Secretary of State, before the 90th day after the last day on which such a reservation could be entered, shall submit to the Committee on Merchant Marine and Fisheries of the House of Representatives, and to the Committee on the Environment and Public Works of the Senate, a written report setting forth the reasons why such a reservation was not entered. **(e) Wildlife preservatio

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

16 U.S.C. § 1537a — Convention implementation

Page 1933 TITLE 16—CONSERVATION § 1537a § 1537a. Convention implementation (a) Management Authority and Scientific Author- ity The Secretary of the Interior (hereinafter in this section referred to as the ‘‘Secretary’’) is designated as the Management Authority and the Scientific Authority for purposes of the Con- vention and the respective functions of each such Authority shall be carried out through the United States Fish and Wildlife Service. (b) Management Authority functions The Secretary shall do all things necessary and appropriate to carry out the functions of the Management Authority under the Convention. (c) Scientific Authority functions; determinations (1) The Secretary shall do all things necessary and appropriate to carry out the functions of the Scientific Authority under the Convention. (2) The Secretary shall base the determina- tions and advice given by him under Article IV of the Convention with respect to wildlife upon the best available biological information derived from professionally accepted wildlife manage- ment practices; but is not required to make, or require any State to make, estimates of popu- lation size in making such determinations or giving such advice. (d) Reservations by the United States under Con- vention If the United States votes against including any species in Appendix I or II of the Convention and does not enter a reservation pursuant to paragraph (3) of Article XV of the Convention with respect to that species, the Secretary of State, before the 90th day after the last day on which such a reservation could be entered, shall submit to the Committee on Merchant Marine and Fisheries of the House of Representatives, and to the Committee on the Environment and Public Works of the Senate, a writte

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

16 U.S.C. § 2912 — Federal conservation of migratory nongame birds

**(a) Conservation activities** The Secretary shall undertake the following research and conservation activities, in coordination with other Federal, State, international and private organizations, to assist in fulfilling his responsibilities to conserve migratory nongame birds under existing authorities provided by the Migratory Bird Treaty Act and Migratory Bird Conservation Act ([16 U.S.C. 701–715](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section701–715&num=0&edition=prelim)) and section 8A(e) of the Endangered Species Act [[16 U.S.C. 1537a(e)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1537a/e&num=0&edition=prelim)] implementing the Convention on Nature Protection and Wildlife Preservation in the Western Hemisphere: (1) monitor and assess population trends and status of species, subspecies, and populations of all migratory nongame birds; (2) identify the effects of environmental changes and human activities on species, subspecies, and populations of all migratory nongame birds; (3) identify species, subspecies, and populations of all migratory nongame birds that, without additional conservation actions, are likely to become candidates for listing under the Endangered Species Act of 1973, as amended ([16 U.S.C. 1531–154](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1531–154&num=0&edition=prelim)3); (4) identify conservation actions to assure that species, subspecies, and populations of migratory nongame birds identified under paragraph (3) do not reach the point at which the measures provided pursuant to the Endangered Species Act of 1973, as amended ([16 U.S.C. 1531–154](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1531–154&num=0&edition=pre

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

16 U.S.C. § 701 — Game and wild birds; preservation

The duties and powers of the Department of the Interior include the preservation, distribution, introduction, and restoration of game birds and other wild birds. The Secretary of the Interior is authorized to adopt such measures as may be necessary to carry out the purposes of this Act, and to purchase such game birds and other wild birds as may be required therefor, subject, however, to the laws of the various States and Territories. The object and purpose of this Act is to aid in the restoration of such birds in those parts of the United States adapted thereto where the same have become scarce or extinct, and also to regulate the introduction of American or foreign birds or animals in localities where they have not heretofore existed.

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

16 U.S.C. § 701 — Game and wild birds; preservation

Page 1260 TITLE 16—CONSERVATION § 701 Sec. 715k–2. Omitted. 715k–3. Authorization of appropriations for the pres- ervation of wetlands and other waterfowl habitat. 715k–4. Accounting and use of appropriations. 715k–5. Acquisition of lands. 715l, 715m. Repealed. 715n. ‘‘Take’’ defined. 715o. National forest and power sites; use for mi- gratory bird reservations. 715p. Cooperation of State in enforcement of provi- sions. 715q. Expenses of commission; authorization of ap- propriations. 715r. Partial invalidity; validity of remainder. 715s. Participation of local governments in revenue from areas administered by the United States Fish and Wildlife Service. SUBCHAPTER IV—HUNTING AND CONSERVATION STAMP TAX 718. Repealed. 718a. Prohibition on taking. 718b. Sales; fund disposition; unsold stamps. 718b–1. Disposition of unsold stamps. 718c. Authorization and exemption. 718d. Expenditure of funds. 718e. Loans and transfers, alteration, and reproduc- tion of stamps. 718f. Enforcement. 718g. Violations. 718h. Cooperation. 718i. Use of contest fees. 718j. Definitions. 718k. Use of fees collected for Federal migratory bird permits. SUBCHAPTER IV–A—PERMANENT ELECTRONIC DUCK STAMP 718o. Definitions. 718p. Authority to issue electronic duck stamps. 718q. State application. 718r. State obligations and authorities. 718s. Electronic stamp requirements; recognition of electronic stamp. 718t. Termination of State participation. SUBCHAPTER V—JUNIOR DUCK STAMP CONSERVATION AND DESIGN PROGRAM 719. Establishment of Program. 719a. Junior Duck Stamp. 719b. Acceptance of gifts, devises, and bequests. 719b–1. Definition of State. 719c. Authorization of appropriations. SUBCHAPTER I—GENERALLY § 701. Game and wild birds; p

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