Title 16 — Conservation
Chapter 7 — Protection of Migratory Game and Insectivorous Birds
§ 715i. Administration
Statutory text
Treaty obligations; rules and regulations
Areas of lands, waters, or interests therein acquired or reserved pursuant to this subchapter shall, unless otherwise provided by law, be administered by the Secretary of the Interior under rules and regulations prescribed by him to conserve and protect migratory birds in accordance with treaty obligations with Mexico, Canada, Japan, and the Union of Soviet Socialist Republics, and other species of wildlife found thereon, including species that are listed pursuant to section 1533 of this title as endangered species or threatened species, and to restore or develop adequate wildlife habitat.
Management and public and private agency agreements authorization
In administering such areas, the Secretary is authorized to manage timber, range, and agricultural crops; to manage other species of animals, including but not limited to fenced range animals, with the objectives of perpetuating, distributing, and utilizing the resources; and to enter into agreements with public and private agencies.
Legislative history
Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.
Migratory Bird Conservation Act
Pub. L. 70–257 § 10 · 45 Stat. 1222
Enacted · 16 U.S.C. § 715i
Feb. 18, 1929, ch. 257, § 10, 45 Stat. 1224
Source evidence
Code source credit
Feb. 18, 1929, ch. 257, § 10, 45 Stat. 1224Enacted provision · exact public law section
Sec. 10. Specified acts affecting property, etc., of game refuges forbidden. That no person shall knowingly disturb, injure, or destroy any notice, signboard, fence, building, ditch, dam, dike embankment, flume, spillway, or other improvement or property of the United States on any area acquired under this Act, or cut, burn, or destroy any timber, grass, or other natural growth, on said area or on any area of the United States which heretofore has been or which hereafter may be set apart or reserved for the use of the Department of Agriculture as a game refuge or as a preserve or reservation and breeding ground for native birds, under any law proclamation, or Executive order, or occupy or use any part thereof, or enter thereon for any purpose, except in accordance with regulations of the Secretary of Agriculture; nor shall any person take any bird, or nest or egg thereof on any area acquired under this Act, except for scientific or propagating purposes under permit of the Secretary of Legal fishing not prevented. Agriculture; but nothing in this Act or in any regulation thereunder shall be construed to prevent a person from entering upon any area acquired under this Act for the purpose of fishing in accordance with Proviso. Compliance with regulation. the law of the State in which such area is located: Provided, That such person complies with the regulations of the Secretary of Agriculture covering such area.Pub. L. 89–669 § 7(b) · 80 Stat. 926
Added · 16 U.S.C. § 715i(a); 16 U.S.C. § 715i(b)
Pub. L. 89–669 added subsecs. (a) and (b). Former paragraph prohibited acts on acquired areas and is now covered by section 668dd(c) and (d)(1) of this title
Source evidence
Code amendment note
Subsecs. (a), (b). Pub. L. 89–669 added subsecs. (a) and (b). Former paragraph prohibited acts on acquired areas and is now covered by section 668dd(c) and (d)(1) of this title.Enacted provision · exact public law section
(b) Section 10 of the Migratory Bird Conservation Act (45 Stat. 1224), as amended (16 U.S.C. 7151), which relates to the administration of certain wildlife refuges, is amended to read as follows: “Sec. 10. (a) Areas of lands, waters, or interests therein acquired or reserved pursuant to this Act shall, unless otherwise provided by law, be administered by the Secretary of the Interior under rules and regulations prescribed by him to conserve and protect migratory birds in accordance with treaty obligations with Mexico and Canada, and other species of wildlife found thereon, including species that are threatened with extinction, and to restore or develop adequate wildlife habitat. “(b) In administering such areas, the Secretary is authorized to manage timber, range, and agricultural crops; to manage other species of animals, including but not limited to fenced range animals, with the objectives of perpetuating, distributing, and utilizing the resources; and to enter into agreements with public and private agencies.” (c) Section 11 of the Migratory Bird Conservation Act (45 Stat. 1224) (16 U.S.C. 715j) is amended by striking the period at the end thereof and adding the following: “(39 Stat. 1702) and the treaty between the United States and the United Mexican States for the protection of migratory birds and game mammals concluded February 7, 1936 (50 Stat. 1311).” (d) Sections 13 and 14 of the Migratory Bird Conservation Act (45 Stat. 1225), as amended (16 U.S.C. 7151 and 715m), which provide for the enforcement of said Act and for penalties for violations thereof and which are covered by section 4 of this Act, are repealed.Endangered Species Art of 1973
Pub. L. 93–205 § 13(b) · 87 Stat. 884
Substituted · 16 U.S.C. § 715i(a)
Pub. L. 93–205 substituted “listed pursuant to section 1533 of this title as endangered species or threatened species,” for “threatened with extinction,”
Source evidence
Code amendment note
Subsec. (a). Pub. L. 93–205 substituted “listed pursuant to section 1533 of this title as endangered species or threatened species,” for “threatened with extinction,”.Enacted provision · exact public law section
(b) Subsection 10(a) of the Migratory Bird Conservation Act (45 80 Stat. 929. Stat. 1224, 16 U.S.C. 715i(a)) and subsection 401(a) of the Act of 78 Stat. 701; 80 Stat. 930. June 15, 1935 (49 Stat. 383,16 U.S.C. 715s(a)), are each amended by striking out “threatened with extinction,” and inserting in lieu thereof the following: “listed pursuant to section 4 of the Endangered Species Act of 1973 as endangered species or threatened species,”.Effective date note
Amendment by Pub. L. 93–205 effective Dec. 28, 1973, see section 16 of Pub. L. 93–205, set out as a note under section 1531 of this title.Fish and Wildlife Improvement Act of 1978
Pub. L. 95–616 § 5(b) · 92 Stat. 3110
Changed · 16 U.S.C. § 715i(a)
Pub. L. 95–616 provided for treaty obligations with Japan and the Union of Soviet Socialist Republics
Source evidence
Code amendment note
Subsec. (a). Pub. L. 95–616 provided for treaty obligations with Japan and the Union of Soviet Socialist Republics.Enacted provision · exact public law section
(b) Section 10(a) of such Act (16 U.S.C. 715i(a)) is amended by striking out “Mexico and Canada” and inserting in lieu thereof “Mexico, Canada, Japan, and the Union of Soviet Socialist Republics”.
4 of 4 references resolved to an enrolled provision
Editorial Notes
Amendments1966–1978 · 3 rounds
1978
Subsec. (a). Pub. L. 95–616 provided for treaty obligations with Japan and the Union of Soviet Socialist Republics.
1973
Subsec. (a). Pub. L. 93–205 substituted “listed pursuant to section 1533 of this title as endangered species or threatened species,” for “threatened with extinction,”.
1966
Subsecs. (a), (b). Pub. L. 89–669 added subsecs. (a) and (b). Former paragraph prohibited acts on acquired areas and is now covered by section 668dd(c) and (d)(1) of this title.
Statutory Notes and Related Subsidiaries
Effective Date of 1973 Amendment
Amendment by Pub. L. 93–205 effective , see section 16 of Pub. L. 93–205, set out as a note under section 1531 of this title.
Executive Documents
Transfer of Functions
Transfer of functions of Secretary of Agriculture to Secretary of the Interior by Reorg. Plan No. II of 1939, see Transfer of Functions note set out under section 715a of this title.
Credits
1929–1978 · 5 acts
- 1929Feb. 18, 1929, ch. 257, § 10, 45 Stat. 1224
- 19391939 Reorg. Plan No. II, § 4(f), eff. , 4 F.R. 2731, 53 Stat. 1433
- 1966Pub. L. 89–669, § 7(b), , 80 Stat. 929
- 1973Pub. L. 93–205, § 13(b), , 87 Stat. 902
- 1978Pub. L. 95–616, § 5(b), , 92 Stat. 3114.
Show as published
(Feb. 18, 1929, ch. 257, § 10, 45 Stat. 1224; 1939 Reorg. Plan No. II, § 4(f), eff. , 4 F.R. 2731, 53 Stat. 1433; Pub. L. 89–669, § 7(b), , 80 Stat. 929; Pub. L. 93–205, § 13(b), , 87 Stat. 902; Pub. L. 95–616, § 5(b), , 92 Stat. 3114.)