§ 742j-1. — Airborne hunting.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 16USC742j-1]
TITLE 16--CONSERVATION
CHAPTER 9--FISH AND WILDLIFE SERVICE
Sec. 742j-1. Airborne hunting
(a) Prohibition; penalty
Any person who--
(1) while airborne in an aircraft shoots or attempts 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 aircraft 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 authorized agent of or is operating under a
license or permit of, any State or the United States to administer 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 authority 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 Secretary of the Interior an annual report containing 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 authorized 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.
(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
appropriate to carry out such enforcement. Any employee of the
Department of the Interior authorized by the Secretary of the Interior
to enforce 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 before an officer or court of
competent jurisdiction; may execute any warrant or other process issued
by an officer or court of competent jurisdiction for the enforcement of
the provisions of this section; and may, with or without a warrant, 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 enforcement 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 magistrate judge may, within his respective jurisdiction, upon
proper oath or affirmation showing probable cause, issue warrants in all
such cases.
(e) Forfeiture
All birds, fish, or other animals shot or captured 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 violation of the customs laws, the
disposition of such vessel or the proceeds from the sale thereof, and
the remission or mitigation of such forfeitures, shall apply to the
seizures and forfeitures incurred, or alleged to have been incurred,
under the provisions of this section, insofar as such provisions of law
are applicable and not inconsistent with the provisions of this section;
except that all powers, rights, and duties conferred or imposed by the
customs laws upon any officer or employee of the Treasury Department
shall, for the purposes of this section, be exercised or performed by
the Secretary of the Interior or by such persons as he may designate.
(Aug. 8, 1956, ch. 1036, Sec. 13, as added Pub. L. 92-159, Sec. 1, Nov.
18, 1971, 85 Stat. 480; amended Pub. L. 92-502, Oct. 18, 1972, 86 Stat.
905; Pub. L. 101-650, title III, Sec. 321, Dec. 1, 1990, 104 Stat.
5117.)
References in Text
The customs laws, referred to in subsec. (f), are classified
generally to Title 19, Customs Duties.
Amendments
1972--Subsecs. (d) to (f). Pub. L. 92-502 added subsecs. (d) to (f).
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
Procedure.
Effective Date
Section 3 of Pub. L. 92-159 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 regular session
of the legislature of such State which begins on or after the date of
enactment of this Act.''
Section Referred to in Other Sections
This section is referred to in section 1534 of this title; title 49
section 44709.
