ACT MAY 25, 1900, c. 553. An act to enlarge the powers of the Department of Agriculture, prohibit the transportation by interstate commerce of game killed in violation of local laws, and for other purposes. (31 Stat. 187.) Preservation, distribution, introduction, and restoration of game birds and other wild birds; collection and publication of information as to propagation, uses, and preservation of such birds; regulation for carrying out purposes of act.

That the duties and powers of the Department of Agriculture are hereby enlarged so as to include the preservation, distribution, introduction, and restoration of game birds and other wild birds. The Secretary of Agriculture is hereby 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.

The Secretary of Agriculture shall from time to time collect and publish useful information as to the propagation, uses, and preservation of such birds.

And the Secretary of Agriculture shall make and publish all needful rules and regulations for carrying out the purposes of this Act, and shall expend for said purposes such sums as Congress may appropriate therefor.

Act May 25, 1900, c. 553, s. 1, 31 Stat. 187.

The provisions of sections 2-4 of this act are incorporated in "An act to codify, revise, and amend the penal laws of the United States," act March 4, 1909, c. 321, ss. 241-244, set forth below, and said sections of this act are expressly repealed by section 341 of said act March 4, 1909. Act June 3, 1902, c. 983, 32 Stat. 285, provides that the Secretary of Agriculture shall have the power to authorize the importation of eggs of game birds for propagation, and prescribe necessary rules and regulations governing the same. Said act is superseded by provisions of act August 5, 1909, c. 6, 36 Stat. 75, prohibiting the importation of eggs of game birds and eggs of birds not used for food, except scientific specimens, and authorizing the importation of game birds under rules and regulations prescribed by the Secretary of the Treasury.

Bodies of game animals and game and song birds subject to laws of State, etc., into which transported.

SEC. 5. That all dead bodies, or parts thereof, of any foreign game animals, or game or song birds, the importation of which is prohibited, or the dead bodies, or parts thereof, of any wild game animals, or game or song birds transported into any State or Territory, or remaining therein for use, consumption, sale, or storage therein, shall upon arrival in such State or Territory be subject to the operation and effect of the laws of such State or Territory enacted in the exercise of its police powers, to the same extent and in the same manner as though such animals or birds had been produced in such State or Territory, and shall not be exempt therefrom by reason of being introduced therein in original packages or otherwise. This Act shall not prevent the importation, transportation, or sale of birds or bird plumage manufactured from the feathers of barnyard fowl.

Act May 25, 1900, c. 553, s. 5, 31 Stat. 188.

This section is partially incorporated in "An act to codify, revise, and amend the penal laws of the United States," act March 4, 1909, c. 321,

s. 242, set forth below, and the above section is not included with other sections of this act expressly repealed by section 341 of said act March 4, 1909.

ACT MARCH 4, 1909, c. 321. (35 Stat. 1088.)

Importation of certain injurious animals and birds forbidden; permits for foreign wild animals and birds; specimens for museums, etc.

SEC. 241. The importation into the United States, or any Territory or District thereof, of the mongoose, the so-called "flying foxes" or fruit bats, the English sparrow, the starling, and such other birds and animals as the Secretary of Agriculture may from time to time declare to be injurious to the interests of agriculture or horticulture, is hereby prohibited; and all such birds and animals shall, upon arrival at any port of the United States, be destroyed or returned at the expense of the owner. No person shall import into the United States or into any Territory or District thereof, any foreign wild animal or bird, except under special permit from the Secretary of Agriculture: Provided, That nothing in this section shall restrict the importation of natural history specimens for museums or scientific collections, or of certain cage birds, such as domesticated canaries, parrots, or such other birds as the Secretary of Agriculture may designate. The Secretary of the Treasury is hereby authorized to make regulations for carrying into effect the provisions of this section.

Act March 4, 1909, c. 321, s. 241, 35 Stat. 1137.

This section is a part of "An act to codify, revise, and amend the penal laws of the United States," cited above, incorporating therein the provisions of section 2 of act May 25, 1900, c. 553, 31 Stat. 188, which section is expressly repealed by section 341 of this act.

See note on appropriation for enforcement of this section under section 244 of this act set forth below.

Interstate transportation of animals and birds illegally imported and game killed in violation of laws of States, etc., unlawful; game in season and feathers of barnyard fowls excepted.

SEC. 242. It shall be unlawful for any person to deliver to any common carrier for transportation, or for any common carrier to transport from any State. Territory, or District of the United States. to any other State, Territory, or District thereof, any foreign animals or birds, the importation of which is prohibited, or the dead bodies or parts thereof of any wild animals or birds, where such animals or birds have been killed or shipped in violation of the laws of the State, Territory, or district in which the same were killed, or from which they were shipped: Provided, That nothing herein shall prevent the transportation of any dead birds or animals killed during the season when the same may be lawfully captured, and the export of which is not prohibited by law in the State, Territory, or District in which the same are captured or killed: Provided further, That nothing herein shall prevent the importation, transportation, or sale of birds or bird plumage manufactured from the feathers of barnyard fowls.

Act March 4, 1909, c. 321, s. 242, 35 Stat. 1137.

This section is a part of "An act to codify, revise, and amend the penal laws of the United States," cited above, incorporating therein provisions of sections 3 and 5 of act May 25, 1900, c. 553, 31 Stat. 188. Section 3 of said act is expressly repealed by section 341 of said act March 4, 1909.

See note on appropriation for enforcement of this section under section 244 of this act set forth below.

Marking of packages containing bodies or plumage of game animals or game or other wild birds.

SEC. 243. All packages containing the dead bodies, or the plumage, or parts thereof, of game animals, or game or other wild birds, when shipped in interstate or foreign commerce, shall be plainly and clearly marked, so that the name and address of the shipper, and the nature of the contents, may be readily ascertained on an inspection of the outside of such package.

Act March 4, 1909, c. 321, s. 243, 35 Stat. 1137.

This section is a part of "An act to codify, revise, and amend the penal laws of the United States," cited above, incorporating therein provisions of section 4 of act May 25, 1900, c. 553, 31 Stat. 188, which section is expressly repealed by section 341 of said act March 4, 1909.

See note on appropriation for enforcement of this section under section 244 of this act set forth below.

Penalty for violations of sections 241–244.

SEC. 244. For each evasion or violation of any provision of the three sections last preceding, the shipper shall be fined not more than two hundred dollars; the consignee knowingly receiving such articles so shipped and transported in violation of said sections shall be fined not more than two hundred dollars; and the carrier knowingly carrying or transporting the same in violation of said sections shall be fined not more than two hundred dollars.

Act March 4, 1909, c. 321, s. 244, 35 Stat. 1138.

This section is a part of "An act to codify, revise, and amend the penal laws of the United States," cited above, incorporating therein provisions of section 4 of act May 25, 1900, c. 553, 31 Stat. 188, which section is expressly repealed by section 341 of said act March 4, 1909. Appropriations for the enforcement of this and the three preceding sections of this act are made in the agricultural appropriation acts for the fiscal years 1911 and thereafter. The provisions of the act for the fiscal year 1913 are set forth on p. 226, post. Previous to the incorporation of sections 2-4 of act May 25, 1900, in this and the three preceding sections of this act, appropriations were made in the agricultural appropriation acts for the enforcement of sections 2-5 of that act.

ACT MAY 11, 1908, c. 162. An act to amend an act entitled "An Act for the protection of game in Alaska, and for other purposes," approved June seventh, nineteen hundred and two. (35 Stat. 102.)

Destruction of game animals or birds in Alaska, with certain exceptions, prohibited; "game animals " defined; laws relating to fur seal, etc., not affected by act; game killed during close season not to be shipped or sold. That an Act entitled "An Act for the protection of game in Alaska, and for other purposes," approved June seventh, nineteen hundred and two, be amended to read as follows:

"From and after the passage of this Act the wanton destruction of wild game animals or wild birds, except eagles, ravens, and cormorants, the destruction of nests and eggs of such birds, or the killing of any wild birds, other than game birds, except eagles, for the purposes of selling the same or the skins or any part thereof, except as hereinafter provided, is hereby prohibited.

"GAME DEFINED.-The term 'game animals" shall include deer, moose, caribou, mountain sheep, mountain goats, brown bear, sea lions, and walrus. The term 'game birds' shall include waterfowl,

commonly known as ducks, geese, brant, and swans; shore birds, commonly known as plover, snipe, and curlew, and the several species of grouse and ptarmigan.

"EXEMPTIONS.-Nothing in this Act shall affect any law now in force in Alaska relating to the fur seal, sea otter, or any fur-bearing animal or prevent the killing of any game animal or bird for food or clothing at any time by natives, or by miners or explorers, when in need of food; but the game animals or birds so killed during close season shall not be shipped or sold.

Act May 11, 1908, c. 162, s. 1, 35 Stat. 102.

Killing of game animals or birds in Alaska, unlawful, except during open seasons; open seasons for certain animals in different latitudes; regulations prohibiting sale of game, modifying close seasons, placing further restrictions on killing of animals or birds, or prohibiting killing entirely for certain period.

"SEC. 2. SEASON.-That it shall be unlawful for any person in Alaska to kill any wild game animals or birds, except during the season hereinafter provided: North of latitude sixty-two degrees, brown bear may be killed at any time; moose, caribou, sheep, walrus, and sea lions from August first to December tenth, both inclusive; south of latitude sixty-two degrees, moose, caribou, and mountain sheep from August twentieth to December thirty-first, both inclusive; brown bear from October first to July first, both inclusive; deer and mountain goats from April first to February first, both inclusive; grouse, ptarmigan, shore birds, and waterfowl from September first to March first, both inclusive: Provided, That no caribou shall be killed on the Kenai Peninsula before August twentieth, nineteen hundred and twelve: And provided further, That the Secretary of Agriculture is hereby authorized, whenever he shall deem it necessary for the preservation of game animals or birds, to make.and publish rules and regulations prohibiting the sale of any game in any locality modifying the close seasons hereinbefore established, providing different close seasons for different parts of Alaska, placing further restrictions and limitations on the killing of such animals or birds in any given locality, or prohibiting killing entirely for a period not exceeding two years in such locality.

Act May 11, 1908, c. 162, s. 2, 35 Stat. 102.

The killing of grouse, ptarmigan, shore birds, and waterfowl from September 1 to March 1, anywhere in Alaska, is made lawful by act March 4, 1911, c. 280, set forth below.

Killing restricted and limited in number and kinds of certain animals and birds; hunting with dogs, large guns, and launches, etc., unlawful. "SEC. 3. NUMBER.-That it shall be unlawful for any person to kill any female or yearling moose or for any one person to kill in any one year more than the number specified of each of the following animals: Two moose, one walrus or sea lion, three caribou, three mountain sheep, three brown bear, or to kill or to have in his possession in any one day more than twenty-five grouse or ptarmigan or twenty-five shore birds or waterfowl.

"GUNS AND BOATS.-That it shall be unlawful for any person at any time to hunt with dogs any of the game animals specified in this Act; to use a shotgun larger than number ten gauge, or any gun other than

that which can be fired from the shoulder; or to use steam launches or any boats other than those propelled by oars or paddles in the pursuit of game animals or birds.

Act May 11, 1908, c. 162, s. 3, 35 Stat. 103.

Sale, etc., of hides, skins, etc., of game animals or birds in Alaska, killed during close seasons, unlawful.

'SEC. 4. SALE.-That it shall be unlawful for any person or persons at any time to sell or offer for sale any hides, skins, or heads of any game animals or game birds in Alaska, or to sell, offer for sale, or purchase, or offer to purchase, any game animals or game birds, or parts thereof, during the time when the killing of such animals or birds is prohibited: Provided, That it shall be lawful for dealers having in possession game animals or game birds legally killed during the open season to dispose of the same within fifteen days after the close of said season.

Act May 11, 1908, c. 162, s. 4, 35 Stat. 103.

Hunting game animals in Alaska by nonresidents, without license, or without guide in Kenai Peninsula, unlawful; license fees for hunting; license and license fees for exportation of trophies, etc.; affidavit for exportation of trophies, etc.; licenses for hunting and shipping big game; disposition of proceeds from licenses; game wardens and guides.

"SEC. 5. LICENSES.-That it shall be unlawful for any nonresident of Alaska to hunt any of the game animals protected by this Act, except deer and goats, without first obtaining a hunting license, or to hunt on the Kenai Peninsula without a registered guide, and such license shall not be transferable and shall be valid only during the calendar year in which issued. Each applicant shall pay a fee of one hundred dollars for such license, unless he be a citizen of the United States, in which case he shall pay a fee of fifty dollars. Each license shall be accompanied by coupons authorizing the shipment of two moose if killed north of latitude sixty-two degrees, four deer, three caribou, three mountain sheep, three goats, and three brown bear, or any part of said animals, but no more of any one kind.

"A resident of Alaska desiring to export heads or trophies of any of the game animals mentioned in this Act shall first obtain a shipping license, for which he shall pay a fee of forty dollars, permitting the shipment of heads or trophies of one moose, if killed north of latitude sixty-two degrees, four deer, two caribou, two sheep, two goats, and two brown bear, but no more of any one kind; or a shipping license, for which he shall pay a fee of ten dollars, permitting the shipment of a single head or trophy of caribou or sheep; or a shipping license, for which he shall pay a fee of five dollars, permitting the shipment of a single head or trophy of any goat, deer, or brown bear. Any person wishing to ship moose killed south of latitude sixty-two degrees must first obtain a special shipping license, for which he shall pay a fee of one hundred and fifty dollars, permitting the shipment of one moose, or any part thereof. Not more than one general license and two special moose licenses shall be issued to any one person in one year: Provided, That before any trophy shall be shipped from Alaska under the provisions of this Act the person desiring to make such shipment shall first make and file with the customs office at the port where such