Migratory Bird Hunting and Conservation Stamp Act (16 U.S.C. 718d(b)(3))

§ 718

TITLE 16—CONSERVATION

revenues from the System to the counties in which the
producing refuges are located for the benefit of the public schools and roads therein; incorporated the first
proviso of the first clause in subsec. (c)(1) proviso; substituted subsec. (c)(2) providing an option plan for payment of either 25 per centum of the net receipts from
lands acquired in fee by the United States to the counties 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.

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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—

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TITLE 16—CONSERVATION

‘‘(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
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.

§ 718

‘‘(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
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.

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TITLE 16—CONSERVATION

‘‘SEC. 9. EVALUATION.
‘‘(a) EVALUATION.—The Secretary, in consultation
with State fish and wildlife management agencies and
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;

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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—