16 USC 718 Duck Stamp Contest

Page 1209

§ 718

TITLE 16—CONSERVATION

ties in which such acquired lands are located or threefourths of 1 per centum of the adjusted cost of the acquired lands, whichever is higher, for the formula of
the first clause for returning 25 per centum of the revenues; inserted provisions of subsecs. (d), (e), and (g);
and incorporated the second proviso of the first clause
in subsec. (f).
1951—Act Oct. 31, 1951, in second proviso, inserted reference to application regulations of the Federal Property and Administrative Services Act of 1949, as amended, and, in third proviso, inserted reference to section
485 of Title 40.
EFFECTIVE DATE OF 1978 AMENDMENT; FISCAL YEAR OF
AVAILABILITY OF APPROPRIATION AUTHORIZATION
Pub. L. 95–469, § 2, Oct. 17, 1978, 92 Stat. 1321, provided
that: ‘‘The amendments made by this Act [amending
this section and sections 1603, 1605 and 1606 of former
Title 31, Money and Finance], shall apply with respect
to payments made to counties under title IV of the Act
of June 15, 1935 [this section], for the fiscal year ending
September 30, 1979, and for fiscal years thereafter; except that the amendments made to such title IV [this
section] which amend section 401(a) and (g), add paragraph (4) to section 401(c) [subsecs. (a) and (g), and
(c)(4) of this section], and amend the title heading [of
this section] shall take effect on the date of the enactment of this Act [Oct. 17, 1978]. No authorization for appropriation shall be available under this Act before the
fiscal year ending September 30, 1980.’’
EFFECTIVE DATE OF 1973 AMENDMENT
Amendment by Pub. L. 93–205 effective Dec. 28, 1973,
see section 16 of Pub. L. 93–205, set out as an Effective
Date note under section 1531 of this title.
TRANSFER OF FUNCTIONS
For transfer of functions of other officers, employees,
and agencies of Department of the Interior, with certain exceptions, to Secretary of the Interior, with
power to delegate, see Reorg. Plan No. 3 of 1950, §§ 1, 2,
eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out in
the Appendix to Title 5, Government Organization and
Employees.
Reorg. Plan No. III of 1940, set out in the Appendix to
Title 5, consolidated Bureau of Fisheries and Bureau of
Biological Survey, with their respective functions, into
one agency in Department of the Interior to be known
as the Fish and Wildlife Service.
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.
REFUGE REVENUE SHARING
Pub. L. 105–83, title I, § 132, Nov. 14, 1997, 111 Stat.
1570, provided that: ‘‘Notwithstanding any other provision of law, hereafter the United States Fish and Wildlife Service may disburse to local entities impact funding pursuant to Refuge Revenue Sharing that is associated with Federal real property transferred to the
United States Geological Survey from the United
States Fish and Wildlife Service.’’

SUBCHAPTER IV—HUNTING AND
CONSERVATION STAMP TAX
§ 718. Repealed. Pub. L. 109–266, § 10(h), Aug. 3,
2006, 120 Stat. 677
Section, act Mar. 16, 1934, ch. 71, § 9, 48 Stat. 452, defined subchapter terms.
SHORT TITLE OF 2014 AMENDMENT
Pub. L. 113–264, § 1, Dec. 18, 2014, 128 Stat. 2939, provided that: ‘‘This Act [amending sections 718a, 718b,
and 718d of this title] may be cited as the ‘Federal Duck
Stamp Act of 2014’.’’

SHORT TITLE OF 2006 AMENDMENT
Pub. L. 109–266, § 1, Aug. 3, 2006, 120 Stat. 670, provided
that: ‘‘This Act [enacting sections 718g to 718j of this
title, amending sections 718a to 718f of this title, repealing this section and former sections 718g, 718h, and
718j of this title, and enacting provisions set out as
notes under this section] may be cited as the ‘Electronic Duck Stamp Act of 2005’.’’
SHORT TITLE OF 1998 AMENDMENT
Pub. L. 105–269, § 1, Oct. 19, 1998, 112 Stat. 2381, provided that: ‘‘This Act [amending section 718d of this
title] may be cited as the ‘Migratory Bird Hunting and
Conservation Stamp Promotion Act’.’’
SHORT TITLE
Act Mar. 16, 1934, ch. 71, § 11, as added by Pub. L.
109–266, § 10(h), Aug. 3, 2006, 120 Stat. 679, provided that:
‘‘This Act [enacting this subchapter] may be cited as
the ‘Migratory Bird Hunting and Conservation Stamp
Act’.’’
ELECTRONIC DUCK STAMP PILOT PROGRAM
Pub. L. 109–266, §§ 2–9, Aug. 3, 2006, 120 Stat. 670–673,
provided that:
‘‘SEC. 2. FINDINGS.
‘‘Congress finds that—
‘‘(1) on March 16, 1934, Congress passed and President Roosevelt signed the Act of March 16, 1934 (16
U.S.C. 718a [718] et seq.) (popularly known as the
‘Duck Stamp Act’), which requires all migratory waterfowl hunters 16 years of age or older to buy a Federal migratory bird hunting and conservation stamp
annually;
‘‘(2) the Federal Duck Stamp program has become
one of the most popular and successful conservation
programs ever initiated;
‘‘(3) because of that program, the United States
again is teeming with migratory waterfowl and other
wildlife that benefit from wetland habitats;
‘‘(4) as of the date of enactment of this Act [Aug. 3,
2006], 1,700,000 migratory bird hunting and conservation stamps are sold each year;
‘‘(5) as of 2003, those stamps have generated more
than $600,000,000 in revenue that has been used to preserve more than 5,000,000 acres of migratory waterfowl habitat in the United States; and
‘‘(6) many of the more than 540 national wildlife refuges have been paid for wholly or partially with that
revenue.
‘‘SEC. 3. DEFINITIONS.
‘‘In this Act [see Short Title of 2006 Amendment note
above]:
‘‘(1) ACTUAL STAMP.—The term ‘actual stamp’
means a Federal migratory-bird hunting and conservation stamp required under the Act of March 16,
1934 (16 U.S.C. 718a [718] et seq.) (popularly known as
the ‘Duck Stamp Act’), that is printed on paper and
sold through a means in use immediately before the
date of enactment of this Act [Aug. 3, 2006].
‘‘(2) AUTOMATED LICENSING SYSTEM.—
‘‘(A) IN GENERAL.—The term ‘automated licensing
system’ means an electronic, computerized licensing system used by a State fish and wildlife agency
to issue hunting, fishing, and other associated licenses and products.
‘‘(B) INCLUSION.—The term ‘automated licensing
system’ includes a point-of-sale, Internet, or telephonic system used for a purpose described in subparagraph (A).
‘‘(3) ELECTRONIC STAMP.—The term ‘electronic
stamp’ means an electronic version of an actual
stamp that—
‘‘(A) is a unique identifier for the individual to
whom it is issued;
‘‘(B) can be printed on paper;
‘‘(C) is issued through a State automated licensing system that is authorized, under State law and

§ 718

TITLE 16—CONSERVATION

by the Secretary under this Act, to issue electronic
stamps;
‘‘(D) is compatible with the hunting licensing system of the State that issues the electronic stamp;
and
‘‘(E) is described in the State application approved by the Secretary under section 4(b).
‘‘(4) SECRETARY.—The term ‘Secretary’ means the
Secretary of the Interior.
‘‘SEC. 4. ELECTRONIC DUCK STAMP PILOT PROGRAM.
‘‘(a) REQUIREMENT TO CONDUCT PROGRAM.—The Secretary shall conduct a 3-year pilot program under
which up to 15 States authorized by the Secretary may
issue electronic stamps.
‘‘(b) COMMENCEMENT AND DURATION OF PROGRAM.—The
Secretary shall—
‘‘(1) use all means necessary to expeditiously implement this section by the date that is 1 year after the
beginning of the first full Federal migratory waterfowl hunting season after the date of enactment of
this Act [Aug. 3, 2006]; and
‘‘(2) carry out the pilot program for 3 Federal migratory waterfowl hunting seasons.
‘‘(c) CONSULTATION.—The Secretary shall carry out
the program in consultation with State management
agencies.
‘‘SEC. 5. STATE APPLICATION.
‘‘(a) APPROVAL OF APPLICATION REQUIRED.—A State
may not participate in the pilot program under this
Act unless the Secretary has received and approved an
application submitted by the State in accordance with
this section.
‘‘(b) CONTENTS OF APPLICATION.—The Secretary may
not approve a State application unless the application
contains—
‘‘(1) a description of the format of the electronic
stamp that the State will issue under the pilot program, including identifying features of the licensee
that will be specified on the stamp;
‘‘(2) a description of any fee the State will charge
for issuance of an electronic stamp;
‘‘(3) a description of the process the State will use
to account for and transfer to the Secretary the
amounts collected by the State that are required to
be transferred to the Secretary under the program;
‘‘(4) the manner by which the State will transmit
electronic stamp customer data to the Secretary;
‘‘(5) the manner by which actual stamps will be delivered;
‘‘(6) the policies and procedures under which the
State will issue duplicate electronic stamps; and
‘‘(7) such other policies, procedures, and information as may be reasonably required by the Secretary.
‘‘(c) PUBLICATION OF DEADLINES, ELIGIBILITY REQUIREMENTS, AND SELECTION CRITERIA.—Not later than 30
days before the date on which the Secretary begins accepting applications for participation in the pilot program, the Secretary shall publish—
‘‘(1) deadlines for submission of applications to participate in the program;
‘‘(2) eligibility requirements for participation in
the program; and
‘‘(3) criteria for selecting States to participate in
the program.
‘‘SEC. 6. STATE OBLIGATIONS AND AUTHORITIES.
‘‘(a) DELIVERY OF ACTUAL STAMP.—The Secretary
shall require that each individual to whom a State sells
an electronic stamp under the pilot program shall receive an actual stamp—
‘‘(1) by not later than the date on which the electronic stamp expires under section 7(c); and
‘‘(2) in a manner agreed upon by the State and Secretary.
‘‘(b) COLLECTION AND TRANSFER OF ELECTRONIC STAMP
REVENUE AND CUSTOMER INFORMATION.—
‘‘(1) REQUIREMENT TO TRANSMIT.—The Secretary
shall require each State participating in the pilot

Page 1210

program to collect and submit to the Secretary in accordance with this section—
‘‘(A) the first name, last name, and complete
mailing address of each individual that purchases
an electronic stamp from the State;
‘‘(B) the face value amount of each electronic
stamp sold by the State; and
‘‘(C) the amount of the Federal portion of any fee
required by the agreement for each stamp sold.
‘‘(2) TIME OF TRANSMITTAL.—The Secretary shall require the submission under paragraph (1) to be made
with respect to sales of electronic stamps by a State
occurring in a month—
‘‘(A) by not later than the 15th day of the subsequent month; or
‘‘(B) as otherwise specified in the application of
the State approved by the Secretary under section
5.
‘‘(3) ADDITIONAL FEES NOT AFFECTED.—This section
shall not apply to the State portion of any fee collected by a State under subsection (c).
‘‘(c) ELECTRONIC STAMP ISSUANCE FEE.—A State participating in the pilot program may charge a reasonable fee to cover costs incurred by the State and the
Department of the Interior in issuing electronic stamps
under the program, including costs of delivery of actual
stamps.
‘‘(d) DUPLICATE ELECTRONIC STAMPS.—A State participating in the pilot program may issue a duplicate electronic stamp to replace an electronic stamp issued by
the State that is lost or damaged.
‘‘(e) LIMITATION ON AUTHORITY TO REQUIRE PURCHASE
OF STATE LICENSE.—A State may not require that an
individual purchase a State hunting license as a condition of issuing an electronic stamp under the pilot program.
‘‘SEC. 7. ELECTRONIC STAMP REQUIREMENTS;
RECOGNITION OF ELECTRONIC STAMP.
‘‘(a) STAMP REQUIREMENTS.—The Secretary shall require an electronic stamp issued by a State under the
pilot program—
‘‘(1) to have the same format as any other license,
validation, or privilege the State issues under the
automated licensing system of the State; and
‘‘(2) to specify identifying features of the licensee
that are adequate to enable Federal, State, and other
law enforcement officers to identify the holder.
‘‘(b) RECOGNITION OF ELECTRONIC STAMP.—Any electronic stamp issued by a State under the pilot program
shall, during the effective period of the electronic
stamp—
‘‘(1) bestow upon the licensee the same privileges as
are bestowed by an actual stamp;
‘‘(2) be recognized nationally as a valid Federal migratory bird hunting and conservation stamp; and
‘‘(3) authorize the licensee to hunt migratory waterfowl in any other State, in accordance with the
laws of the other State governing that hunting.
‘‘(c) DURATION.—An electronic stamp issued by a
State under the pilot program shall be valid for a period agreed to by the State and the Secretary, which
shall not exceed 45 days.
‘‘SEC. 8. TERMINATION OF STATE PARTICIPATION.
‘‘Participation by a State in the pilot program may
be terminated—
‘‘(1) by the Secretary, if the Secretary—
‘‘(A) finds that the State has violated any of the
terms of the application of the State approved by
the Secretary under section 5; and
‘‘(B) provides to the State written notice of the
termination by not later than the date that is 30
days before the date of termination; or
‘‘(2) by the State, by providing written notice to
the Secretary by not later than the date that is 30
days before the termination date.
‘‘SEC. 9. EVALUATION.
‘‘(a) EVALUATION.—The Secretary, in consultation
with State fish and wildlife management agencies and

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§ 718b

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appropriate stakeholders with expertise specific to the
duck stamp program, shall evaluate the pilot program
and determine whether the pilot program has provided
a cost-effective and convenient means for issuing migratory-bird hunting and conservation stamps, including whether the program has—
‘‘(1) increased the availability of those stamps;
‘‘(2) assisted States in meeting the customer service
objectives of the States with respect to those stamps;
‘‘(3) maintained actual stamps as an effective and
viable conservation tool; and
‘‘(4) maintained adequate retail availability of the
actual stamp.
‘‘(b) REPORT.—The Secretary shall submit to Congress a report on the findings of the Secretary under
subsection (a).’’

§ 718a. Prohibition on taking
(a) Prohibition
(1) In general
Except as provided in paragraph (2), no individual who has attained the age of 16 years
shall take any migratory waterfowl unless, at
the time of the taking, the individual carries
on the person of the individual a valid Migratory Bird Hunting and Conservation Stamp,
validated by the signature of the individual
written in ink across the face of the stamp
prior to the time of the taking by the individual of the waterfowl.
(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
Nothing in this section requires any individual
to affix the Migratory Bird Hunting and Conservation Stamp to any other license prior to
taking 1 or more migratory waterfowl.
(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.)
AMENDMENTS
2014—Subsec. (a)(2)(D). Pub. L. 113–264 added subpar.
(D).

2006—Pub. L. 109–266 amended section generally. Prior
to amendment, section related to hunting and conservation stamp for taking migratory waterfowl.
1976—Pub. L. 94–215 substituted ‘‘hunting and conservation stamp’’ for ‘‘hunting stamp’’ in first sentence.
1956—Act July 30, 1956, substituted ‘‘no person who
has attained the age of sixteen years’’, for ‘‘no person
over sixteen years of age’’.
1935—Act June 15, 1935, substituted ‘‘validated by his
signature written by himself in ink across the face of
the stamp prior to his taking such birds’’ for ‘‘issued to
him in the manner hereinafter provided,’’ and struck
out provisions which authorized the Secretary of Agriculture to adopt and promulgate regulations for the
protection of private property in the injury of crops.
TRANSFER OF FUNCTIONS
Reorg. Plan No. II of 1939, set out in the Appendix to
Title 5, Government Organization and Employees,
transferred functions of Secretary of Agriculture relating to conservation of wildlife, game, and migratory
birds to Secretary of the Interior.

§ 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
The funds received from the sale of stamps
under this subchapter by the Department of
the Interior shall be deposited in the Migratory Bird Conservation Fund in accordance
with section 718d of this title.
(3) Minimum and maximum values
Except as provided in subsection (b), the
Postal Service shall collect the full face value
of each stamp sold under this section for the
applicable hunting year.
(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 politi-

§ 718b

TITLE 16—CONSERVATION

cal 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
The Secretary may reduce the price of each
stamp sold under the provisions of this section
for a hunting year if the Secretary determines
that the increase in the price of the stamp after
hunting year 2013 resulted in a reduction in revenues deposited into the fund.
(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.)
AMENDMENTS
2014—Subsec. (b). Pub. L. 113–264, § 2(1), substituted
‘‘1990, $15.00 for hunting years 1991 through 2013, and $25

Page 1212

for each hunting year thereafter’’ for ‘‘1990, and $15.00
for each hunting year thereafter’’.
Subsec. (c). Pub. L. 113–264, § 2(2), added subsec. (c).
2006—Pub. L. 109–266, § 10(b), inserted section catchline.
Subsec. (a). Pub. L. 109–266, § 10(b), added subsec. (a)
and struck out former subsec. (a) which related to issuance and sale of stamps, fund disposition, and unsold
stamps.
Subsec. (b). Pub. L. 109–266, § 10(c)(4), which directed
amendment of par. (2) by striking ‘‘For purposes’’ and
all that follows through ‘‘of any such year.’’, was executed by striking ‘‘For purposes of this section, the
term ‘hunting year’ means the 12-month period beginning on July 1 of any such year.’’ at the end of the concluding provisions following par. (2), to reflect the
probable intent of Congress.
Pub. L. 109–266, § 10(c)(1)–(3), inserted heading and substituted ‘‘Secretary’’ for ‘‘Secretary of the Interior’’
and ‘‘Migratory Bird Conservation Fund’’ for ‘‘migratory bird conservation fund’’ in introductory provisions.
1986—Subsec. (b). Pub. L. 99–645, § 202(1), (2), in introductory provisions, substituted ‘‘$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, and $15.00 for each hunting year thereafter, if’’ for
‘‘$7.50 for each stamp sold under the provisions of this
section for any hunting year if’’.
Pub. L. 99–625 and Pub. L. 99–645, § 202(3), amended
subsec. (b) identically, inserting ‘‘available for obligation’’ before ‘‘attributable to’’.
1978—Subsec. (a). Pub. L. 95–616 substituted ‘‘June’’
for ‘‘September’’ in sixth sentence.
Pub. L. 95–552, § 1(1), (2), designated existing provisions as subsec. (a), inserted in third sentence introductory text ‘‘Except as provided in subsection (b) of this
section,’’ and ‘‘for any hunting year’’ before ‘‘there
shall be collected’’.
Subsec. (b). Pub. L. 95–552, § 1(3), added subsec. (b).
1976—Pub. L. 94–273 substituted ‘‘the year’’ for ‘‘the
fiscal year’’ and ‘‘each year’’ for ‘‘each fiscal year’’.
Pub. L. 94–215 authorized sale of stamps by the Department of the Interior, substituted provision for prescription of regulations jointly by the Postal Service
and the Secretary of the Interior for prior provision for
such prescription by the Postal Service and provision
for sale of stamps at any establishment, facility, or location as the Postal Service and the Secretary of the
Interior shall direct and authorize for prior provision
for sale of stamps at such post offices other than firstand second-class post offices as the Postal Service shall
direct and inserted provision respecting deposit of
funds from sale of stamps by the Department of the Interior in the migratory bird conservation fund; and
substituted ‘‘September’’ for ‘‘June’’ in relation to redemption of blocks of stamps, designated existing provisions as cls. (A) and (B), and substituted ‘‘consignment to any person, including, but not limited to, ‘‘retail dealers’’ for ‘‘consignment to retail dealers’’ in cl.
(A) and ‘‘by any such person’’ for ‘‘by such dealers’’ in
cl. (B), respectively.
1971—Pub. L. 92–214 substituted ‘‘Postal Service’’ for
‘‘Post Office Department’’ and ‘‘Postmaster General’’
and inserted provisions authorizing the collection of up
to $5 for each stamp sold to be determined by the Secretary of the Interior after taking into consideration,
among other matters, the increased cost of lands needed for the conservation of migratory birds.
1958—Pub. L. 85–585 increased cost of stamp from $2 to
$3.
1956—Act July 30, 1956, § 2, struck out in existing next
to last sentence requirement that stamps remaining
unsold by the Post Office Department subsequent to becoming void after the 30th day of June next succeeding
issuance be destroyed, substituted provisions in existing last sentence relating to redemption of blocks of
unused stamps sold on consignment to retail dealers for
resale to their customers, for provisions prohibiting the
redemption by the Department in cash or kind of

Page 1213

§ 718d

TITLE 16—CONSERVATION

stamps sold under this Act, and inserted sentence defining ‘‘retail dealers’’. For further amendment of next
to last sentence of this section, see section 3(c) of act
July 30, 1956, set out below.
Act July 30, 1956, § 3(c), formerly § 3(b), as renumbered
by Pub. L. 109–266, § 10(i)(1), substituted provisions in
fourth sentence authorizing use as migratory-bird
stamps only during fiscal year for which issued, for provisions requiring stamps to expire and be void after the
30th day of June next succeeding issuance. Amendment
of fourth sentence by section 3(c) further amends
amendments made to next to last sentence by section
2 of act July 30, 1956, as set out above.
1949—Act Aug. 12, 1949, increased cost of stamp from
$1 to $2.
1935—Act June 15, 1935, amended section generally.
EFFECTIVE DATE OF 1958 AMENDMENT
Pub. L. 85–585, § 4, Aug. 1, 1958, 72 Stat. 487, provided
that: ‘‘The amendment made by the first section of this
Act [amending this section] shall become effective on
July 1, 1959. The amendment made by section 2 of this
Act [amending section 718d of this title] making available the net proceeds of all moneys received in the migratory bird conservation fund for the location, ascertainment, and acquisition of Waterfowl Production
Areas and suitable areas for migratory bird refuges
shall become effective on July 1, 1960. The remaining
amendments made by this Act [amending section 718d
of this title] shall become effective on the date of the
enactment of this Act [Aug. 1, 1958]. Any unobligated
balance remaining in the migratory bird conservation
fund on June 30, 1960, shall thereafter be available for
expenditure only for the purposes specified in the Migratory Bird Hunting Stamp Act [now Migratory Bird
Hunting and Conservation Stamp Act] of March 16, 1934
[this subchapter], as amended by this Act.’’
SPENDING OF STAMP MONEY
Act Aug. 12, 1949, ch. 421, § 1, 63 Stat. 599, provided in
part: ‘‘That the moneys derived from the sale of such
stamps shall be spent only upon specific appropriation
by the Congress.’’

§ 718b–1. Disposition of unsold stamps
(a) Disposition of unsold stamps
A 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
The Postal Service or the Secretary of the Interior may destroy any surplus stock of Migratory Bird Hunting and Conservation Stamps at
such time and in such manner as the Postal
Service or the Secretary of the Interior determines to be appropriate.
(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.)
CODIFICATION
Section was not enacted as part of act Mar. 16, 1934,
which comprises this subchapter.

PRIOR PROVISIONS
A prior section 3(b) of act July 30, 1956, ch. 782, 70
Stat. 722, amended section 718b of this title prior to
being redesignated 3(c) by section 10(i)(1) of Pub. L.
109–266.
AMENDMENTS
2006—Pub. L. 109–266 inserted section catchline and
substituted subsecs. (a) and (b) for former text which
read: ‘‘On or after July 30, 1956, such quantity of migratory-bird hunting stamps, not sold at the end of the fiscal year for which issued, as determined by the Postal
Service to be (1) required to supply the market for sale
to collectors, and (2) in suitable condition for such sale
to collectors, shall be turned over to the Philatelic
Agency and therein placed on sale. Any surplus stock
of such migratory-bird hunting stamps may be destroyed in such manner as the Postal Service shall direct.’’
1971—Pub. L. 92–214 substituted ‘‘Postal Service’’ for
‘‘Postmaster General’’.

§ 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.)
AMENDMENTS
2006—Pub. L. 109–266 inserted section catchline.
1978—Pub. L. 95–616 inserted ‘‘or convention’’ after
‘‘treaty’’.

§ 718d. Expenditure of funds
(a) In general
All 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 funds
All funds received into the fund are appropriated for the following purposes, to remain
available until expended:
(1) Advance allotments
Except as provided in paragraph (4), so much
as may be necessary shall be used by the Secretary for engraving, printing, issuing, selling,
and accounting for Migratory Bird Hunting
and Conservation Stamps and moneys received
from the sale thereof, in addition to expenses
for personnel services in the District of Co-

§ 718d

TITLE 16—CONSERVATION

lumbia and elsewhere, and such other expenses
as may be necessary in executing the duties
and functions required of the Postal Service.
(2) Areas for refuges
Except as provided in paragraphs (3) and (4)
and subsection (c), the remainder shall be
available for the location, ascertainment, and
acquisition of suitable areas for migratory
bird refuges under the provisions of the Migratory Bird Conservation Act (16 U.S.C. 715 et
seq.) and for the administrative costs incurred
in the acquisition of such areas.
(3) Conditions on use of funds
The Secretary may use funds made available
under paragraph (2) for the purposes of that
paragraph, and such other funds as may be appropriated for the purposes of that paragraph
or this paragraph, to acquire, or defray the expense incident to the acquisition by gift, devise, lease, purchase, or exchange of, small
wetland and pothole areas, interests therein,
and rights-of-way to provide access thereto.
Such small areas, to be designated as ‘‘Waterfowl Production Areas’’, may be acquired
without regard to the limitations and requirements of the Migratory Bird Conservation Act
(16 U.S.C. 715 et seq.), but all of the provisions
of such Act which govern the administration
and protection of lands acquired thereunder,
except the inviolate sanctuary provisions of
such Act, shall be applicable to areas acquired
pursuant to this paragraph.
(4) Conservation easements
Amounts in the subaccount referred to in
subsection (a)(3) shall be used by the Secretary solely to acquire easements in real
property in the United States for conservation
of migratory birds.
(c) Promotion of stamp sales
The Secretary may use funds from the sale of
Migratory Bird Hunting and Conservation
Stamps, not to exceed $1,000,000 in each of fiscal
years 1999, 2000, 2001, 2002, and 2003, for the promotion of additional sales of those stamps, in
accordance with a Migratory Bird Conservation
Commission approved annual marketing plan.
Such promotion shall include the preparation of
reports, brochures, or other appropriate materials to be made available to the public that describe the benefits to wildlife derived from
stamp sales.
(d) Annual report
The 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 acre-

Page 1214

age 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.)
REFERENCES IN TEXT
The Migratory Bird Conservation Act, referred to in
subsec. (b)(2), (3), is act Feb. 18, 1929, ch. 257, 45 Stat.
1222, which is classified generally to subchapter III
(§ 715 et seq.) of chapter 7 of this title. For complete
classification of this Act to the Code, see section 715 of
this title and Tables.
AMENDMENTS
2014—Subsec. (a)(3). Pub. L. 113–264, § 2(3)(A), inserted
before period at end ‘‘, 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’’.
Subsec. (b)(1). Pub. L. 113–264, § 2(3)(B), substituted
‘‘Except as provided in paragraph (4), so much’’ for ‘‘So
much’’.
Subsec. (b)(2). Pub. L. 113–264, § 2(3)(C), substituted
‘‘paragraphs (3) and (4)’’ for ‘‘paragraph (3)’’.
Subsec. (b)(4). Pub. L. 113–264, § 2(3)(D), added par. (4).
Subsec. (c). Pub. L. 113–264, § 3(1), struck out par. (1)
designation and heading and par. (2). Prior to amendment, text of par. (2) read as follows: ‘‘The Secretary
shall include in each annual report of the Commission
under section 715b of this title a description of activities conducted under this subsection in the year covered by the report.’’
Subsec. (d). Pub. L. 113–264, § 3(2), added subsec. (d).
2006—Pub. L. 109–266, § 10(e)(1), (2), inserted section
catchline, substituted subsec. (a) for introductory provisions which read ‘‘All moneys received for such
stamps shall be accounted for by the Postal Service or
the Department of the Interior, whichever is appropriate, and paid into the Treasury of the United States,
and shall be reserved and set aside as a special fund to
be known as the migratory bird conservation fund, to
be administered by the Secretary of the Interior. All
moneys received into such fund are appropriated for
the following objects and shall be available therefor

Page 1215

§ 718e

TITLE 16—CONSERVATION

until expended:’’, inserted subsec. (b) designation, heading, and introductory provisions, redesignated former
subsecs. (a) to (c) as pars. (1) to (3), respectively, of subsec. (b), and realigned margins.
Subsec. (b)(1). Pub. L. 109–266, § 10(e)(3), inserted heading and substituted ‘‘So much as may be necessary
shall be used by the Secretary for engraving’’ for ‘‘So
much as may be necessary shall be used by the Secretary of the Interior to make advance allotments to
the Postal Service at such times and in such amounts
as may be mutually agreed upon by the Secretary of
the Interior and the Postal Service for direct expenditure by the Postal Service for engraving’’, ‘‘Migratory
Bird Hunting and Conservation Stamps’’ for ‘‘migratory bird hunting stamps’’, ‘‘personnel’’ for ‘‘personal’’,
and ‘‘Postal Service’’ for ‘‘postal service’’.
Subsec. (b)(2). Pub. L. 109–266, § 10(e)(4)(B), inserted
‘‘(16 U.S.C. 715 et seq.)’’ after ‘‘Migratory Bird Conservation Act’’.
Pub. L. 109–266, § 10(e)(4)(A), which directed amendment of par. (2) by substituting heading ‘‘Areas for refuges’’ and text ‘‘Except as provided in paragraph (3)
and subsection (c)’’ for ‘‘Except as provided in subsections (c) and (d) of this section’’, was executed by
making the substitution for ‘‘Except as authorized in
subsections (c) and (d) of this section’’ to reflect the
probable intent of Congress.
Subsec. (b)(3). Pub. L. 109–266, § 10(e)(5), inserted heading, inserted ‘‘(16 U.S.C. 715 et seq.)’’ after ‘‘Migratory
Bird Conservation Act’’, and substituted ‘‘The Secretary may use funds made available under paragraph
(2) for the purposes of that paragraph, and such other
funds as may be appropriated for the purposes of that
paragraph or this paragraph,’’ for ‘‘The Secretary of
the Interior is authorized to utilize funds made available under subsection (b) of this section for the purposes of such subsection, and such other funds as may
be appropriated for the purposes of such subsection, or
of this subsection,’’ and ‘‘pursuant to this paragraph’’
for ‘‘pursuant to this subsection’’.
Subsec. (c). Pub. L. 109–266, § 10(e)(6), redesignated
subsec. (d) as (c). Former subsec. (c) redesignated (b)(3).
Subsec. (c)(1). Pub. L. 109–266, § 10(e)(7)(A), inserted
heading and substituted ‘‘The Secretary may use’’ for
‘‘The Secretary of the Interior may utilize’’ and ‘‘Migratory Bird Hunting and Conservation Stamps’’ for
‘‘migratory bird hunting and conservation stamps’’.
Subsec. (c)(2). Pub. L. 109–266, § 10(e)(7)(B), inserted
heading and substituted ‘‘The Secretary’’ for ‘‘The Secretary of the Interior’’.
Subsec. (d). Pub. L. 109–266, § 10(e)(6), redesignated
subsec. (d) as (c).
1998—Subsecs. (b), (d). Pub. L. 105–269 substituted
‘‘subsections (c) and (d)’’ for ‘‘subsection (c)’’ in subsec.
(b) and added subsec. (d).
1976—Pub. L. 94–215 inserted ‘‘or the Department of
the Interior, whichever is appropriate,’’ after ‘‘Postal
Service’’ in first sentence.
1971—Pub. L. 92–214 substituted ‘‘Postal Service’’ for
‘‘Post Office Department’’ in introductory provisions
and ‘‘Postal Service’’ for ‘‘Post Office Department’’ and
‘‘Postmaster General’’ in subsec. (a).
1966—Subsec. (b). Pub. L. 89–669 struck out provisos
relating to wildlife management areas and rule making
for such areas which are now covered by section
668bb(d) (1) of this title.
1958—Subsecs. (a), (b). Pub. L. 85–585 earmarked proceeds from sale of stamps, less expenses of Post Office
Department in connection with fish and wildlife matters, for the acquisition of migratory bird refuges, and
permitted hunting of resident game birds in designated
wildlife management areas.
Subsec. (c). Pub. L. 85–585 added subsec. (c).
1951—Subsec. (a). Act Oct. 20, 1951, substituted ‘‘85 per
centum’’ for ‘‘90 per centum’’.
Subsec. (b). Act Oct. 20, 1951, inserted ‘‘in enforcing’’
after ‘‘The remainder shall be available for expenses’’.
1949—Subsec. (a). Act Aug. 12, 1949, inserted proviso.
1935—Act June 15, 1935, amended section generally.

EFFECTIVE DATE OF 1958 AMENDMENT
For effective date of amendment by Pub. L. 85–585,
see section 4 of Pub. L. 85–585, set out as a note under
section 718b of this title.
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
718a of this title.

§ 718e. Loans and transfers, alteration, and reproduction of stamps
(a) In general
No person to whom has been sold a Migratory
Bird Hunting and Conservation Stamp, validated as provided in section 718a of this title,
shall loan or transfer such stamp to any person
during the period of its validity; nor shall any
person other than the person validating such
stamp use it for any purpose during such period.
(b) Alteration
Except as provided in clauses (i) and (ii) of section 504(l)(D) 1 of title 18, no person shall alter,
mutilate, imitate, or counterfeit any stamp authorized by this subchapter, or imitate or counterfeit any die, plate, or engraving therefor, or
make, print, or knowingly use, sell, or have in
his possession any such counterfeit, die, plate,
or engraving.
(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.)
AMENDMENTS
2006—Pub. L. 109–266, § 10(f)(1), inserted section catchline.
Subsec. (a). Pub. L. 109–266, § 10(f)(1), inserted heading
and substituted ‘‘Migratory Bird Hunting and Conservation Stamp’’ for ‘‘migratory-bird hunting stamp’’
in text.
Subsec. (b). Pub. L. 109–266, § 10(f)(2), inserted heading
and substituted ‘‘Except as provided in clauses (i) and
1 So

in original. Probably should be ‘‘504(1)(D)’’.

§ 718f

TITLE 16—CONSERVATION

(ii) of section 504(l)(D) of title 18, no person shall alter’’
for ‘‘Except as provided in clauses (i) and (ii) of section
504(1)(D) of title 18, no person shall alter’’ in text.
Subsec. (c). Pub. L. 109–266, § 10(f)(3)(C)(ii), which directed substitution of ‘‘shall be paid, after deducting
expenses for marketing, into the Migratory Bird Conservation Fund’’ for ‘‘shall be paid into the migratory
bird conservation fund’’ in concluding provisions, was
executed by making the substitution for ‘‘shall be paid,
after deducting expenses for marketing, into the migratory bird conservation fund’’ to reflect the probable intent of Congress.
Pub. L. 109–266, § 10(f)(3)(A), (B), (C)(i), inserted heading, substituted ‘‘Secretary may’’ for ‘‘Secretary of the
Interior may’’ in introductory provisions, and substituted ‘‘Secretary’’ for ‘‘Secretary of the Interior’’
and ‘‘Migratory Bird Hunting and Conservation
Stamps’’ for ‘‘migratory bird hunting stamps’’ in concluding provisions.
1988—Subsec. (c). Pub. L. 100–653 inserted ‘‘, after deducting expenses for marketing,’’ after ‘‘paid’’.
1984—Subsec. (b). Pub. L. 98–369, § 1077(b)(3), substituted ‘‘Except as provided in clauses (i) and (ii) of
section 504(1)(D) of title 18, no person’’ for ‘‘No person’’.
Subsec. (c). Pub. L. 98–369, § 1077(a), added subsec. (c).
1935—Act June 15, 1935, amended section generally.
EFFECTIVE DATE OF 1984 AMENDMENT
Pub. L. 98–369, div. A, title X, § 1077(c), July 18, 1984,
98 Stat. 1055, provided that: ‘‘The amendments made by
this section [amending this section and section 504 of
Title 18, Crimes and Criminal Procedure] shall take effect on the date of the enactment of this Act [July 18,
1984].’’

§ 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.)

Page 1216

of by the Secretary in accordance with law’’ for ‘‘contrary to such Acts shall, when seized, be disposed of as
provided by the Migratory Bird Treaty Act, or Acts
aforesaid’’.
CHANGE OF NAME
‘‘United States magistrate judges’’ and ‘‘magistrate
judges’’ substituted for ‘‘United States magistrates’’
and ‘‘magistrates’’, respectively, in text pursuant to
section 321 of Pub. L. 101–650, set out as a note under
section 631 of Title 28, Judiciary and Judicial Procedure. Previously, ‘‘magistrates’’ substituted in text for
‘‘commissioners’’ pursuant to Pub. L. 90–578. See chapter 43 (§ 631 et seq.) of Title 28.

§ 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.)
PRIOR PROVISIONS
A prior section 718g, act Mar. 16, 1934, ch. 71, § 7, 48
Stat. 452, related to penalties prior to repeal by Pub. L.
109–266, § 10(h), Aug. 3, 2006, 120 Stat. 677.

§ 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.)
PRIOR PROVISIONS
A prior section 718h, act Mar. 16, 1934, ch. 71, § 8, 48
Stat. 452; 1939 Reorg. Plan No. II, § 4(f), eff. July 1, 1939,
4 F.R. 2731, 53 Stat. 1433, related to cooperation with
States and Territories prior to repeal by Pub. L.
109–266, § 10(h), Aug. 3, 2006, 120 Stat. 677.

§ 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.)

REFERENCES IN TEXT

PRIOR PROVISIONS

The Migratory Bird Treaty Act, and ‘‘that Act’’, referred to in text, is act July 3, 1918, ch. 128, 40 Stat. 755,
as amended, which is classified generally to subchapter
II (§ 703 et seq.) of chapter 7 of this title. For complete
classification of this Act to the Code, see section 710 of
this title and Tables.

A prior section 9 of act Mar. 16, 1934, was classified to
section 718 of this title prior to repeal by Pub. L.
109–266, § 10(h), Aug. 3, 2006, 120 Stat. 677.
A prior section 718i, act June 28, 1941, ch. 259, § 1, 55
Stat. 356, related to disposal of surplus stamps and restricted use of stamps to the fiscal year for which issued prior to repeal by act July 30, 1956, ch. 782, § 3(d),
formerly § 3(c), 70 Stat. 722, renumbered Pub. L. 109–266,
§ 10(i)(1), Aug. 3, 2006, 120 Stat. 679.

AMENDMENTS
2006—Pub. L. 109–266 inserted section catchline, substituted ‘‘Secretary to’’ for ‘‘Secretary of Agriculture
to’’ and ‘‘Department of the Interior’’ for ‘‘Department
of Agriculture’’, and inserted ‘‘(16 U.S.C. 703 et seq.)’’
after ‘‘Migratory Bird Treaty Act’’.
1978—Pub. L. 95–616 substituted in last sentence ‘‘contrary to this subchapter shall, when seized, be disposed

§ 718j. Definitions
(a) In general
In this subchapter, the terms defined in the
Migratory Bird Conservation Act (16 U.S.C. 715

Page 1217

§ 718o

TITLE 16—CONSERVATION

et seq.) and the Migratory Bird Treaty Act (16
U.S.C. 703 et seq.) have the meanings given those
terms in those Acts.
(b) Other definitions
In this subchapter:
(1) Hunting year
The term ‘‘hunting year’’ means the 1-year
period beginning on July 1 of each year.
(2) Migratory waterfowl
The term ‘‘migratory waterfowl’’ means the
species enumerated in paragraph (a) of subdivision 1 of article I of the Convention between the United States and Great Britain for
the Protection of Migratory Birds, signed at
Washington on August 16, 1916 (USTS 628) (16
U.S.C. 703 et seq.).
(3) Secretary
The term ‘‘Secretary’’ means the Secretary
of the Interior.
(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.)
REFERENCES IN TEXT
The Migratory Bird Conservation Act, referred to in
subsec. (a), is act Feb. 18, 1929, ch. 257, 45 Stat. 1222,
which is classified generally to subchapter III (§ 715 et
seq.) of chapter 7 of this title. For complete classification of this Act to the Code, see section 715 of this title
and Tables.
The Migratory Bird Treaty Act, referred to in subsec.
(a), is act July 3, 1918, ch. 128, 40 Stat. 755, which is classified generally to subchapter II (§ 703 et seq.) of chapter 7 of this title. For complete classification of this
Act to the Code, see section 710 of this title and Tables.
PRIOR PROVISIONS
A prior section 718j, Mar. 16, 1934, ch. 71, § 10, as added
Pub. L. 97–307, Oct. 14, 1982, 96 Stat. 1450, related to
crediting of funds received as fees for entering migratory-bird hunting and conservation stamp contest prior
to repeal by Pub. L. 109–266, § 10(h), Aug. 3, 2006, 120
Stat. 677.

§ 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.)
SUBCHAPTER IV–A—PERMANENT
ELECTRONIC DUCK STAMP
§ 718o. Definitions
In this subchapter:
(1) Actual stamp
The term ‘‘actual stamp’’ means a Federal
migratory-bird hunting and conservation
stamp required under the Act of March 16, 1934
(16 U.S.C. 718a et seq.) (popularly known as the
‘‘Duck Stamp Act’’), that is printed on paper
and sold through the means established by the
authority of the Secretary immediately before
December 18, 2014.
(2) Automated licensing system
(A) In general
The term ‘‘automated licensing system’’
means an electronic, computerized licensing
system used by a State fish and wildlife
agency to issue hunting, fishing, and other
associated licenses and products.
(B) Inclusion
The term ‘‘automated licensing system’’
includes a point-of-sale, Internet, telephonic
system, or other electronic applications used
for a purpose described in subparagraph (A).
(3) Electronic stamp
The term ‘‘electronic stamp’’ means an electronic version of an actual stamp that—
(A) is a unique identifier for the individual
to whom it is issued;
(B) can be printed on paper or produced
through an electronic application with the
same indicators as the State endorsement
provides;
(C) is issued through a State automated licensing system that is authorized, under
State law and by the Secretary under this
subchapter, to issue electronic stamps;
(D) is compatible with the hunting licensing system of the State that issues the electronic stamp; and
(E) is described in the State application
approved by the Secretary under section
718q(b) of this title.
(4) Secretary
The term ‘‘Secretary’’ means the Secretary
of the Interior.
(Pub. L. 113–239, § 2, Dec. 18, 2014, 128 Stat. 2847.)
REFERENCES IN TEXT
The Act of March 16, 1934, referred to in par. (1), is act
Mar. 16, 1934, ch. 71, 48 Stat. 451, known as the Migratory Bird Hunting and Conservation Stamp Act, and
also popularly known as the Duck Stamp Act, which is
classified generally to subchapter IV (§ 718 et seq.) of
this chapter. For complete classification of this Act to
the Code, see Short Title note set out under section 718
of this title and Tables.
SHORT TITLE
Pub. L. 113–239, § 1, Dec. 18, 2014, 128 Stat. 2847, provided that: ‘‘This Act [enacting this subchapter] may