16 U.S.C. § 718a | Prohibition on taking

(a)

Prohibition

(1)

In general

oExcept as provided in paragraph (2), no individual who has attained the age of 16 years shall take any migratory waterfowl unless, at the time of the taking, the individual carries on the person of the individual a valid Migratory Bird Hunting and Conservation Stamp, as an electronic stamp (as defined in section 718 of this title) or validated by the signature of the individual written in ink across the face of the actual stamp (as defined in that section) prior to the time of the taking by the individual of the waterfowl.

(2)

Exception

No stamp described in paragraph (1) shall be required for the taking of migratory waterfowl—

(A)

by Federal or State agencies;

(B)

for propagation;

(C)

by the resident owner, tenant, or sharecropper of the property, or officially designated agencies of the Department of the Interior, for the killing, under such restrictions as the Secretary may by regulation prescribe, of such waterfowl when found damaging crops or other property; or

(D)

section 3113 of this title by a rural Alaska resident for subsistence uses (as that term is defined in ).

(b)

Display of stamp

Any individual to whom a stamp has been sold under this subchapter shall, upon request, display the stamp for inspection to—

(1)

any officer or employee of the Department of the Interior who is authorized to enforce this subchapter; or

(2)

any officer of any State or political subdivision of a State authorized to enforce State game laws.

(c)

Other licenses

Nothing in this section requires any individual to affix the Migratory Bird Hunting and Conservation Stamp to any other license prior to taking 1 or more migratory waterfowl.

Mar. 16, 1934, ch. 71, § 1 48 Stat. 451 June 15, 1935, ch. 261 49 Stat. 378July 1, 193953 Stat. 1433 July 30, 1956, ch. 782, § 1 70 Stat. 722 Pub. L. 94–215, § 3(a)Feb. 17, 197690 Stat. 189 Pub. L. 109–266, § 10(a)Aug. 3, 2006120 Stat. 674 Pub. L. 113–264, § 4Dec. 18, 2014128 Stat. 2940 Pub. L. 118–25, § 2(d)Dec. 19, 2023137 Stat. 130(, ; , title I, § 1, ; 1939 Reorg. Plan No. II, § 4(f), eff. , 4 F.R. 2731, ; , ; , , ; , , ; , , ; , , .)

Editorial Notes

Amendments

Pub. L. 118–25o2023—Subsec. (a)(1). inserted “as an electronic stamp (as defined in section 718 of this title) or” after “Conservation Stamp,” and substituted “face of the actual stamp (as defined in that section)” for “face of the stamp”.

Pub. L. 113–2642014—Subsec. (a)(2)(D). added subpar. (D).

Pub. L. 109–2662006— amended section generally. Prior to amendment, section related to hunting and conservation stamp for taking migratory waterfowl.

Pub. L. 94–2151976— substituted “hunting and conservation stamp” for “hunting stamp” in first sentence.

July 30, 19561956—Act , substituted “no person who has attained the age of sixteen years”, for “no person over sixteen years of age”.

June 15, 19351935—Act , substituted “validated by his signature written by himself in ink across the face of the stamp prior to his taking such birds” for “issued to him in the manner hereinafter provided,” and struck out provisions which authorized the Secretary of Agriculture to adopt and promulgate regulations for the protection of private property in the injury of crops.

Executive Documents

Transfer of Functions

Reorg. Plan No. II of 1939, set out in the Appendix to Title 5, Government Organization and Employees, transferred functions of Secretary of Agriculture relating to conservation of wildlife, game, and migratory birds to Secretary of the Interior.