Whoever imports from or exports to Mexico any game mammal, dead or alive, or parts or products thereof, except under permit or authorization of the Secretary of the Interior, in accordance with regulations issued by him and approved by the President

Shall be fined not more than $500 or imprisoned not more than six months, or both; and the wild animals or birds, or the dead bodies or parts thereof, or the eggs of such birds, shall be forfeited. (As amended Sept. 2, 1960, Pub. L. 86-702, § 2, 74 Stat. 754.)

§ 44. Marking packages or containers

Whoever ships, transports, carries, brings or conveys in interstate or foreign commerce any package containing wild animals or birds, or the dead bodies or parts thereof, without plainly marking, labeling, or tagging such package with the names and addresses of the shipper and consignee and with an accurate statement showing the contents by number and kind; or

Whoever ships, transports, carries, brings or conveys in interstate commerce, any package containing migratory birds included in any convention to which the United States is a party, without marking, labeling, or tagging such package as prescribed in such convention, or Act of Congress, or regulation thereunder; or

Whoever ships, transports, carries, brings or conveys in interstate commerce any package containing furs, hides, or skins of wild animals without plainly marking, labeling, or tagging such package with the names and addresses of the shipper and consignee

Shall be fined not more than $500 or imprisoned not more than six months, or both; and the shipment shall be forfeited. (June 25, 1948, c. 645, 62 Stat. 687.)

HISTORICAL AND REVISION NOTES

Reviser's Note.-Based on Title 18 U.S.C., 1940 ed., §§ 393, 393a, 394 (Mar. 4, 1909, c. 321, §§ 243, 244, 35 Stat. 1137, 1138 [derived from Act May 25, 1900, c. 553, § 4, 31 Stat. 188]; June 15, 1935, c. 261, Title II, §§ 201, 202, 49 Stat. 381; June 19, 1939, c. 209, 53 Stat. 840; 1939 Reorg. Plan No. II, $4(f), 4 F.R. 2731, 53 Stat. 1433).

This section consolidates sections 393, 393a, and 394 of Title 18, U.S. Code.

The words "interstate or foreign commerce" were substituted for the enumeration of geographical subdivisions of the United States and foreign countries, in view of the definition of interstate or foreign commerce in section 10 of this title. Other provisions of said section 393a of Title 18, are incorporated in sections 43, 3055 and 3112 of Title 18, U.S. Code.

The words "upon conviction thereof" were omitted as surplusage because punishment can be imposed only after conviction.

The punishment provision was modified by reducing the fine of $1,000 to $500 to conform to other sections of this chapter. (See sections 41, 42, and 43 of this title.)

Other changes were made in phraseology to effect the consolidation. 80th Congress House Report No. 304.

2. USE OF AIRCRAFT TO HUNT WILD HORSES OR BURROS

Act of September 8, 1959 (73 Stat. 470; 18 U.S.C. 47)

§ 47. Use of aircraft or motor vehicles to hunt certain wild horses or burros; pollution of watering holes

(a) Whoever uses an aircraft or a motor vehicle to hunt, for the purpose of capturing or killing, any wild unbranded horse, mare, colt, or burro running at large on any of the public land or ranges shall be fined not more than $500, or imprisoned not more than six months, or both.

(b) Whoever pollutes or causes the pollution of any watering hole on any of the public land or ranges for the purpose of trapping, killing, wounding, or maiming any of the animals referred to in subsection (a) of this section shall be fined not more than $500, or imprisoned not more than six months, or both.

(c) As used in subsection (a) of this section—

(1) The term "aircraft" means any contrivance used for flight in the air; and

(2) The term "motor vehicle" includes an automobile, automobile truck, automobile wagon, motorcycle, or any other selfpropelled vehicle designed for running on land.

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3. HUNTING, FISHING, OR TRAPPING ON INDIAN LAND

Act of July 12, 1960 (74 Stat. 469; 18 U.S.C. 1165)

§ 1165. Hunting, trapping, or fishing on Indian land

Whoever, without lawful authority or permission, willfully and knowingly goes upon any land that belongs to any Indian or Indian tribe, band, or group and either are held by the United States in trust or are subject to a restriction against alienation imposed by the United States, or upon any lands of the United States that are reserved for Indian use, for the purpose of hunting, trapping, or fishing thereon, or for the removal of game, peltries, or fish therefrom, shall be fined not more than $200 or imprisoned not more than ninety days, or both, and all game, fish, and peltries in his possession shall be forfeited.

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E. Pesticidal research

Act of August 1, 1958 (72 Stat. 479), as amended (16 U.S.C. 742d-1)

STUDIES OF EFFECTS OF USE OF CHEMICALS

SECTION. 1. The Secretary of the Interior is authorized and directed to undertake comprehensive continuing studies of the effects of insecticides, herbicides, fungicides and pesticides, upon the fish and wildlife resources of the United States, for the purpose of determining the amounts, percentages, and formulations of such chemicals that are lethal to or injurious to fish and wildlife and the amounts, percentages, mixtures, or formulations that can be used safely, and thereby prevent losses of fish and wildlife from such spraying, dusting, or other treatment. (Pub. L. 85-582, § 1, Aug. 1, 1958, 72 Stat. 479.)

SEC. 2. The sum of $2,565,000 per annum is hereby authorized to be appropriated to carry out the objectives of this Act. (Pub. L. 86–279, Sept. 16, 1959, 73 Stat. 563.)

HISTORICAL NOTE

Pub. L. 86-279 increased the authorized appropriation from $280,000 per year to $2,565,000 annually.

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F. Cooperative research and training units

Act of September 2, 1960 (74 Stat. 733; 16 U.S.C. 753a-753b)

COOPERATIVE RESEARCH AND TRAINING PROGRAMS FOR FISH AND WILDLIFE

RESOURCES

SECTION 1. For the purpose of developing adequate, coordinated, cooperative research and training programs for fish and wildlife resources, the Secretary of the Interior is authorized to continue to enter into cooperative agreements with colleges and universities, with game and fish departments of the several States, and with nonprofit organizations relating to cooperative research units: Provided, That Federal participation in the conduct of such cooperative unit programs shall be limited to the assignment of Department of the Interior technical personnel by the Secretary to serve at the respective units, to supply for the use of the particular units' operations such equipment as may be available to the Secretary for such purposes, and the payment of incidental expenses of Federal personnel and employees of cooperating agencies assigned to the units. (Pub. L. 86-686, § 1, Sept. 2, 1960, 74 Stat. 733.)

AUTHORIZATION OF APPROPRIATIONS

SEC. 2. There is authorized to be appropriated such sums as may be necessary to carry out the purposes of this Act. (Pub. L. 86–686, § 2, Sept. 2, 1960, 74 Stat. 733.)

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