Effective Date of 1948 Amendment.-Section 20 of Act June 25, 1948, provided that the amendment of this section should be effective as of Sept. 1, 1948. RULES AND REGULATIONS; JURISDICTION OF STATES SEC. 3. The Secretaries of Agriculture and Commerce shall execute the provisions of this Act, and they are jointly authorized to make all needful rules and regulations for the administration of such fish and game sanctuaries or refuges in accordance with the purpose of this Act, including regulations not in contravention of State laws for hunting, capturing, or killing predatory animals, such as wolves, coyotes, foxes, pumas, and other species destructive to livestock or wild life or agriculture within the limits of said fish and game sanctuaries or refuges: Provided, That the present jurisdiction of the States shall not be altered or changed without the legislative approval of such States. (Mar. 10, 1934, c. 54, § 3, 48, Stat. 401.) 7. AREAS FOR THE PROTECTION OF GAME AND FISH Act of August 11, 1916 (39 Stat. 476), as amended (16 U.S.C. 683) ESTABLISHMENT The President of the United States is authorized to designate such areas on any lands which have been, or which may hereafter be purchased by the United States under the provisions of sections 4-14 of the Act of March 1, 1911 (36 Stat. 961), as amended (16 U.S.C. 480, 500, 513-519, and 521), and Acts supplementary thereto and amendatory thereof, as should, in his opinion, be set aside for the protection of game animals, birds or fish; and except under such rules and regulations as the Secretary of Agriculture may from time to time prescribe, it shall be unlawful for any person to hunt, catch, trap, willfully disturb or kill any kind of game animal, game or nongame bird, or fish, or take the eggs of any such bird on any lands so set aside, or in or on the waters thereof. (Aug. 11, 1916, c. 313, 39 Stat. 476; June 25, 1948, c. 645, § 10, 62 Stat. 860.) 295 8. WILDLIFE AREAS IN OCALA NATIONAL FOREST Act of June 28, 1930 (46 Stat. 827), as amended (16 U.S.C. 692-692a) GAME SANCTUARIES OR REFUGES IN OCALA NATIONAL FOREST; CREATION SECTION 1. The President of the United States is authorized to designate as game refuges such lands of the United States within the Ocala National Forest, in the State of Florida, as in his judgment should be set aside for the protection of game animals and birds, but it is not intended that the lands so designated shall cease to be parts of the national forest within which they are located, and the establishment of such game sanctuaries or refuges shall not prevent the Secretary of Agriculture from permitting other uses of the lands under and in conformity with the laws and regulations applicable thereto so far as such uses may be consistent with the purposes for which such game sanctuaries or refuges are established. (June 28, 1930, c. 709, §1, 46 Stat. 827.) HUNTING, PURSUING, CAPTURING UNLAWFUL SEC. 2. When such game sanctuaries or refuges have been established as provided in section 1 of this Act, the hunting, pursuing, poisoning, killing, or capturing by trapping, netting, or any other means, or attempting to hunt, pursue, kill, or capture any game animals or birds upon the lands of the United States within the limits of such game sanctuaries or refuges shall be unlawful except under such rules and regulations as the Secretary of Agriculture may from time to time prescribe. (June 28, 1930, c. 709, § 2, 46 Stat. 828; June 25, 1948, c. 645, § 15, 62 Stat. 861.) HISTORICAL NOTE 1948 Amendment.-Act of June 25, 1948, amended section by omitting the penal provisions which are now covered by section 41 of Title 18, Crimes and Criminal Procedure, and by inserting the reference to the rules and regulations of the Secretary of Agriculture. Effective Date of 1948 Amendment.-Section 20 of Act June 25, 1948, provided that the amendment of this section should be effective as of Sept. 1, 1948. 296 9. SOUTH DAKOTA GAME ANIMAL AND BIRD REFUGE Act of June 7, 1924 (43 Stat. 634; 16 U.S.C. 680–681) GAME ANIMAL AND BIRD REFUGE IN SOUTH DAKOTA; ESTABLISHMENT SECTION 1. Subject to valid existing rights and entries heretofore initiated under the public land laws, any or all of the followingdescribed lands in Government ownership may be withdrawn from entry and disposition by proclamation of the President for the purpose of protecting and propagating antelope and other game animals and birds: National-forest lands-Township 18 north, range 7 east, Black Hills meridian, section 24, south half, and south half north half; section 25, all; township 18 north, range 8 east, sections 17 to 20, inclusive; section 21, west half; sections 29 to 32, inclusive. Public lands-Township 18 north, range 7 east, sections 5 to 9 inclusive; sections 13 to 23, inclusive; section 24, north half north half; sections 26 to 36, inclusive; and those parts of sections 3, 4, 10, and 11 lying south and west of the Riva Road: Provided, That the withdrawal of the lands herein authorized shall not affect existing withdrawals for national forest purposes made prior to June 7, 1924. (June 7, 1924, C. 326, § 1, 43 Stat. 634.) ERECTION OF FENCE BY STATE SEC. 2. The State of South Dakota is hereby authorized and permitted to erect and maintain a good, substantial fence inclosing in whole or in part such areas as may be designated and set aside by the President under the authority of section 1 hereof. The State shall erect and maintain such gates in this fence as may be required by the authorized agents of the Federal Government in the administration of the national forest lands embraced therein, or to provide ingress and egress to persons occupying lands within said inclosure. The right of the State to maintain said fence shall continue so long as the area designated by the President shall be given protection by the laws of the State of South Dakota as a game refuge. (June 7, 1924, C. 326, § 2, 43 Stat. 634). 297 10. TAHQUIT7 NATIONAL GAME PRESERVE Act of July 3, 1926 (44 Stat. 889), as amended (16 U.S.C. 689-689d) ES TABLISHMENT SECTION 1. There is cat d within the San Bernardino National Forest in Riverside Cou ty California, for the protection of game animals, and as the reconized breeding place therefor, the Tahquitz National Game Preserv, v hich shall include the following lands: Sections 28, 29, 30, 31, 32, 33, 34 and 35, township 3 south, range 3 east, San Bernardino meridian; sections 1, 2, 3, 4, 9, 10, 11, 12, 13, 14, 15, 16, 21, 22, 23, 24, 25, 26, 27, 28, 33, 34, 35, and 36, township 4 south, range 3 east, San Bernardino meridian; and sections 1, 2, 3, 4, 9, 10, 11, 12, 13, 14, and 24, township 5 south, range 3 east, San Bernardino meridian; but the establishment of this reservation shall not interfere with any existing right or withdrawals made prior to July 3, 1926: Provided, That all the land with 1 the exterior boundary of the aforesaid tract shall first become the property of the United States. That where the Government survey has not been completed the aforesaid description shall be deemed to refer to and be determined by lines projected from the official survey. (July 3, 1926, c. 776, § 1, 44 Stat. 889.) OTHER USES OF LAND PERMITTED SEC. 2. The lands included in said game preserve shall continue to be parts of the national forest and nothing contained in this Act shall prevent the Secretary of Agriculture from permitting other uses of said lands under and in conformity with the laws and rules and regulations applicable thereto so far as any such use may be consistent with the purposes for which said game preserve is established. (July 3, 1926, c. 776, § 2, 44 Stat. 889.) HUNTING, PURSUING, CAPTURING UNLAWFUL SEC. 3. On lands within the game preserve established in section 2 of this Act, hunting, pursuing, poisoning, killing, or capturing by trapping, netting, or any other means, or attempting to hunt, pursue, kill, or capture any wild animals or birds for any purpose whatever upon the lands of the United States within the limits of said game preserve shall be unlawful except as hereinafter provided. (July 3, 1926, c. 776, § 3, 44 Stat. 889; June 25, 1948, c. 645, § 14, 62 Stat. 861.) 1 So in original. 298 |