1. U.S. Code
  2. title 16
  3. chapter 7
  4. subchapter IV
  5. § 718

Collapse to view only § 718. Repealed.

§ 718. Repealed. Pub. L. 109–266, § 10(h), Aug. 3, 2006, 120 Stat. 677

CITE AS: 16 USC 718

§ 718a. Prohibition on taking
(a) Prohibition
(1) In general
(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) by a rural Alaska resident for subsistence uses (as that term is defined in section 3113 of this title).
(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
(Mar. 16, 1934, ch. 71, § 1, 48 Stat. 451; June 15, 1935, ch. 261, title I, § 1, 49 Stat. 378; 1939 Reorg. Plan No. II, § 4(f), eff. July 1, 1939, 4 F.R. 2731, 53 Stat. 1433; July 30, 1956, ch. 782, § 1, 70 Stat. 722; Pub. L. 94–215, § 3(a), Feb. 17, 1976, 90 Stat. 189; Pub. L. 109–266, § 10(a), Aug. 3, 2006, 120 Stat. 674; Pub. L. 113–264, § 4, Dec. 18, 2014, 128 Stat. 2940; Pub. L. 118–25, § 2(d), Dec. 19, 2023, 137 Stat. 130.)

CITE AS: 16 USC 718a

§ 718b. Sales; fund disposition; unsold stamps
(a) Sales
(1) In general
The stamps required under section 718a of this title shall be sold by the Postal Service and may be sold by the Department of the Interior, pursuant to regulations promulgated jointly by the Postal Service and the Secretary, at—
(A) any post office; and
(B) such other establishments, facilities, or locations as the Postal Service or the Secretary (or a designee) may direct or authorize.
(2) Proceeds
(3) Minimum and maximum values
(4) Validity
No stamp sold under this subchapter shall be valid under any circumstances to authorize the taking of migratory waterfowl except—
(A) in compliance with Federal and State laws (including regulations);
(B) on the condition that the individual so taking the waterfowl wrote the signature of the individual in ink across the face of the stamp prior to the taking; and
(C) during the hunting year for which the stamp was issued.
(5) Unused stamps
(A) Definition of retail dealer
In this paragraph, the term “retail dealer” means—
(i) any individual or entity that is regularly engaged in the business of retailing hunting or fishing equipment; and
(ii) any individual or entity duly authorized to act as an agent of a State or political subdivision of a State for the sale of State or county hunting or fishing licenses.
(B) Redemption of unused stamps
The Department of the Interior, pursuant to regulations promulgated by the Secretary, shall provide for the redemption, on or before the 30th day of June of each year, of unused stamps issued for the year under this subchapter that—
(i) were sold on consignment to any person authorized by the Secretary to sell stamps on consignment (including retail dealers for resale to customers); and
(ii) have not been resold by any such person.
(6) Prohibition on certain stamp sales
The Postal Service shall not—
(A) sell on consignment any stamps issued under this subchapter to any individual, business, or organization; or
(B) redeem stamps issued under this subchapter that are sold on consignment by the Secretary (or any agent of the Secretary).
(b) Cost of stamps
The Postal Service shall collect $10.00 for each stamp sold under the provisions of this section for hunting years 1987 and 1988, $12.50 for hunting years 1989 and 1990, $15.00 for hunting years 1991 through 2013, and $25 for each hunting year thereafter, if the Secretary determines, at any time before February 1 of the calendar year in which such hunting year begins, that all sums in the Migratory Bird Conservation Fund available for obligation and attributable to—
(1) amounts appropriated pursuant to this subchapter for the fiscal year ending in the immediately preceding calendar year; and
(2) the sale of stamps under this section during such fiscal year
have been obligated for expenditure.
(c) Reduction in price of stamp
(Mar. 16, 1934, ch. 71, § 2, 48 Stat. 451; June 15, 1935, ch. 261, title I, § 2, 49 Stat. 379; Aug. 12, 1949, ch. 421, § 1, 63 Stat. 599; July 30, 1956, ch. 782, §§ 2, 3(c), formerly § 3(b), 70 Stat. 722, renumbered Pub. L. 109–266, § 10(i)(1), Aug. 3, 2006, 120 Stat. 679; Pub. L. 85–585, § 1, Aug. 1, 1958, 72 Stat. 486; Pub. L. 92–214, §§ 1, 2, Dec. 22, 1971, 85 Stat. 777; Pub. L. 94–215, § 3(b), (c), Feb. 17, 1976, 90 Stat. 189; Pub. L. 94–273, § 34, Apr. 21, 1976, 90 Stat. 380; Pub. L. 95–552, § 1, Oct. 30, 1978, 92 Stat. 2071; Pub. L. 95–616, § 7(a), Nov. 8, 1978, 92 Stat. 3114; Pub. L. 99–625, § 3, Nov. 7, 1986, 100 Stat. 3502; Pub. L. 99–645, title II, § 202, Nov. 10, 1986, 100 Stat. 3586; Pub. L. 109–266, § 10(b), (c), Aug. 3, 2006, 120 Stat. 674, 675; Pub. L. 113–264, § 2(1), (2), Dec. 18, 2014, 128 Stat. 2939.)

CITE AS: 16 USC 718b

§ 718b–1. Disposition of unsold stamps
(a) Disposition of unsold stampsA Migratory Bird Hunting and Conservation Stamp shall be transferred to the Postal Service or the Secretary of the Interior (or a designee) for sale to a collector if the stamp—
(1) has not been sold by the end of the hunting year (as that term is defined in section 718j of this title) during which the stamp is issued; and
(2) as determined by the Postal Service or the Secretary of the Interior—
(A) is appropriate to supply a market for sale to collectors; and
(B) is in suitable condition for sale to a collector.
(b) Surplus stock
(July 30, 1956, ch. 782, § 3(a), (b), formerly § 3(a), 70 Stat. 722; Pub. L. 92–214, § 3, Dec. 22, 1971, 85 Stat. 777; renumbered § 3(a), (b) and amended Pub. L. 109–266, § 10(i)(2), Aug. 3, 2006, 120 Stat. 679.)

CITE AS: 16 USC 718b-1

§ 718c. Authorization and exemption

Nothing in this subchapter shall be construed to authorize any person to take any migratory waterfowl otherwise than in accordance with regulations adopted and approved pursuant to any treaty or convention heretofore or hereafter entered into between the United States and any other country for the protection of migratory birds, nor to exempt any person from complying with the game laws of the several States.

(Mar. 16, 1934, ch. 71, § 3, 48 Stat. 451; Pub. L. 95–616, § 7(b), Nov. 8, 1978, 92 Stat. 3114; Pub. L. 109–266, § 10(d), Aug. 3, 2006, 120 Stat. 675.)

CITE AS: 16 USC 718c

§ 718d. Expenditure of funds
(a) In generalAll funds received for stamps sold under this subchapter shall be—
(1) accounted for by the Postal Service or the Secretary, as appropriate;
(2) paid into the Treasury of the United States; and
(3) reserved and set aside as a special fund, to be known as the “Migratory Bird Conservation Fund” (referred to in this section as the “fund”), to be administered by the Secretary, in which there shall be a subaccount to which the Secretary of the Treasury shall transfer all amounts in excess of $15 that are received from the sale of each stamp sold for each hunting year after hunting year 2013.
(b) Use of fundsAll funds received into the fund are appropriated for the following purposes, to remain available until expended:
(1) Advance allotments
(2) Areas for refuges
(3) Conditions on use of funds
(4) Conservation easements
(c) Promotion of stamp sales
(d) Annual reportThe Secretary shall include in each annual report of the Commission under section 3 of the Migratory Bird Conservation Act (16 U.S.C. 715b)—
(1) a description of activities conducted under subsection (c) in the year covered by the report;
(2) an annual assessment of the status of wetlands conservation projects for migratory bird conservation purposes, including a clear and accurate accounting of—
(A) all expenditures by Federal and State agencies under this section; and
(B) all expenditures made for fee-simple acquisition of Federal lands in the United States, including the amount paid and acreage of each parcel acquired in each acquisition;
(3) an analysis of the refuge lands opened, and refuge lands closed, for hunting and fishing in the year covered by the report, including—
(A) identification of the specific areas in each refuge and the reasons for the closure or opening; and
(B) a detailed description of each closure including detailed justification for such closure;
(4) the total number of acres of refuge land open for hunting and fishing, and the total number of acres of refuge land closed for hunting and fishing, in the year covered by the report; and
(5) a separate report on the hunting and fishing status of those lands added to the system in the year covered by the report.
(Mar. 16, 1934, ch. 71, § 4, 48 Stat. 451; June 15, 1935, ch. 261, title I, §§ 3, 4, 49 Stat. 379, 380; 1939 Reorg. Plan No. II, § 4(f), eff. July 1, 1939, 4 F.R. 2731, 53 Stat. 1433; Aug. 12, 1949, ch. 421, § 2, 63 Stat. 600; Oct. 20, 1951, ch. 520, 65 Stat. 451; Pub. L. 85–585, §§ 2, 3, Aug. 1, 1958, 72 Stat. 486, 487; Pub. L. 89–669, § 6, Oct. 15, 1966, 80 Stat. 929; Pub. L. 92–214, § 2, Dec. 22, 1971, 85 Stat. 777; Pub. L. 94–215, § 3(d), Feb. 17, 1976, 90 Stat. 190; Pub. L. 105–269, § 2, Oct. 19, 1998, 112 Stat. 2381; Pub. L. 109–266, § 10(e), Aug. 3, 2006, 120 Stat. 676; Pub. L. 113–264, §§ 2(3), 3, Dec. 18, 2014, 128 Stat. 2939, 2940.)

CITE AS: 16 USC 718d

§ 718e. Loans and transfers, alteration, and reproduction of stamps
(a) In general
(b) Alteration
(c) Reproduction
Notwithstanding the provisions of subsection (b), or the prohibition in section 474 of title 18, or other provisions of law, the Secretary may authorize, with the concurrence of the Secretary of the Treasury,
(1) the color reproduction, or
(2) the black and white reproduction,
of Migratory Bird Hunting and Conservation Stamps authorized by sections 718 to 718b, 718c, 718d, and 718f to 718h of this title, which otherwise satisfies the requirements of clauses (ii) and (iii) of section 504(1) of title 18. Any such reproduction shall be subject to those terms and conditions deemed necessary by the Secretary by regulation or otherwise and any proceeds received by the Federal Government as a result of such reproduction shall be paid, after deducting expenses for marketing, into the Migratory Bird Conservation Fund established under section 718d of this title.
(Mar. 16, 1934, ch. 71, § 5, 48 Stat. 452; June 15, 1935, ch. 261, title I, § 5, 49 Stat. 380; Pub. L. 98–369, div. A, title X, § 1077(a), (b)(3), July 18, 1984, 98 Stat. 1054, 1055; Pub. L. 100–653, title III, § 302, Nov. 14, 1988, 102 Stat. 3827; Pub. L. 109–266, § 10(f), Aug. 3, 2006, 120 Stat. 677.)

CITE AS: 16 USC 718e

§ 718f. Enforcement

For the efficient execution of this subchapter, the judges of the several courts, established under the laws of the United States, United States magistrate judges, and persons appointed by the Secretary to enforce the provisions of this subchapter, shall have, with respect thereto, like powers and duties as are conferred upon said judges, magistrate judges, and employees of the Department of the Interior by the Migratory Bird Treaty Act (16 U.S.C. 703 et seq.), or any other Act to carry into effect any treaty for the protection of migratory birds with respect to that Act. Any bird or part thereof taken or possessed contrary to this subchapter shall, when seized, be disposed of by the Secretary in accordance with law.

(Mar. 16, 1934, ch. 71, § 6, 48 Stat. 452; Pub. L. 90–578, title IV, § 402(b)(2), Oct. 17, 1968, 82 Stat. 1118; Pub. L. 95–616, § 3(i), Nov. 8, 1978, 92 Stat. 3112; Pub. L. 101–650, title III, § 321, Dec. 1, 1990, 104 Stat. 5117; Pub. L. 109–266, § 10(g), Aug. 3, 2006, 120 Stat. 677.)

CITE AS: 16 USC 718f

§ 718g. Violations

Any person that violates or fails to comply with any provision of this subchapter (including a regulation promulgated under this subchapter) shall be subject to the penalties described in section 707 of this title.

(Mar. 16, 1934, ch. 71, § 7, as added Pub. L. 109–266, § 10(h), Aug. 3, 2006, 120 Stat. 678.)

CITE AS: 16 USC 718g

§ 718h. Cooperation

The Secretary is authorized to cooperate with the States and the territories and possessions of the United States in the enforcement of this subchapter.

(Mar. 16, 1934, ch. 71, § 8, as added Pub. L. 109–266, § 10(h), Aug. 3, 2006, 120 Stat. 678.)

CITE AS: 16 USC 718h

§ 718i. Use of contest fees
Notwithstanding any other provision of law, funds received by the United States Fish and Wildlife Service in the form of fees for entering any Migratory Bird Hunting and Conservation Stamp contest shall be credited—
(1) first, to the appropriation account from which expenditures for the administration of the contest are made; and
(2) second, to the extent any funds remain, to the Migratory Bird Conservation Fund.
(Mar. 16, 1934, ch. 71, § 9, as added Pub. L. 109–266, § 10(h), Aug. 3, 2006, 120 Stat. 678.)

CITE AS: 16 USC 718i

§ 718j. Definitions
(a) In general
(b) Other definitions
In this subchapter:
(1) Hunting year
(2) Migratory waterfowl
(3) Secretary
(4) State
The term “State” means—
(A) a State;
(B) the District of Columbia;
(C) the Commonwealth of Puerto Rico;
(D) Guam;
(E) American Samoa;
(F) the Commonwealth of the Northern Mariana Islands;
(G) the Federated States of Micronesia;
(H) the Republic of the Marshall Islands;
(I) the Republic of Palau; and
(J) the United States Virgin Islands.
(5) Take
The term “take” means—
(A) to pursue, hunt, shoot, capture, collect, or kill; or
(B) to attempt to pursue, hunt, shoot, capture, collect, or kill.
(Mar. 16, 1934, ch. 71, § 10, as added Pub. L. 109–266, § 10(h), Aug. 3, 2006, 120 Stat. 678.)

CITE AS: 16 USC 718j

§ 718k. Use of fees collected for Federal migratory bird permits

On and after October 21, 1998, all fees collected for Federal migratory bird permits shall be available to the Secretary, without further appropriation, to be used for the expenses of the U.S. Fish and Wildlife Service in administering such Federal migratory bird permits, and shall remain available until expended.

(Pub. L. 105–277, div. A, § 101(e) [title I], Oct. 21, 1998, 112 Stat. 2681–231, 2681–236.)

CITE AS: 16 USC 718k