Title 16. Conservation. Chapter 7. Protection of Migratory Game and Insectivorous Birds. Subchapter IV. Hunting and Conservation Stamp Tax.

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Popular Title:  Migratory Bird Hunting and Conservation Stamp Act Primary Citation:  16 USC 718 - 718k Country of Origin:  United States

Summary: The Migratory Bird Hunting and Conservation Stamp Act, or the "Duck Stamp Act," as this March 16, 1934, authority is commonly called, requires each waterfowl hunter 16 years of age or older to possess a valid Federal hunting stamp.  Receipts from the sale of the stamp are deposited in a special Treasury account known as the Migratory Bird Conservation Fund and are not subject to appropriations.  A contest is held each year by the U.S. Fish and Wildlife Service to select the design of the stamp.

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 Repealed.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

§ 718a . Prohibition on taking

§ 718b . Sales; fund disposition; unsold stamps

§ 718b-1 . Disposition of unsold stamps

§ 718c . Authorization and exemption

§ 718d . Expenditure of funds

§ 718e . Loans and transfers, alteration, and reproduction of stamps

§ 718f . Enforcement

§ 718g . Violations

§ 718h . Cooperation

§ 718i . Use of contest fees

§ 718j . Definitions

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

 

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 Repealed.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

 

§ 718a. Prohibition on taking -Amended by PL 113-264, December 18, 2014, 128 Stat 2939

(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 803 of the Alaska National Interest Lands Conservation Act (16 U.S.C. 3113))

(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.

CREDIT(S)

(Mar. 16, 1934, c. 71, § 1, 48 Stat. 451; June 15, 1935, c. 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, c. 782, § 1, 70 Stat. 722; Feb. 17, 1976, Pub.L. 94-215, § 3(a), 90 Stat. 189; Aug. 3, 2006, Pub.L. 109-266, § 10(a), 120 Stat. 674; Pub.L. 113-264, § 4, Dec. 18, 2014, 128 Stat. 2940.)

 

§ 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) of this section, 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 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


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.



CREDIT(S)

(Mar. 16, 1934, c. 71, § 2, 48 Stat. 451; June 15, 1935, c. 261, Title I, § 2, 49 Stat. 379; Aug. 12, 1949, c. 421, § 1, 63 Stat. 599; July 30, 1956, c. 782, §§ 2, 3(c), formerly (3)(b), 70 Stat. 722; Aug. 1, 1958, Pub.L. 85-585, § 1, 72 Stat. 486; Dec. 22, 1971, Pub.L. 92-214, §§ 1, 2, 85 Stat. 777; Feb. 17, 1976, Pub.L. 94-215, § 3(b), (c), 90 Stat. 189; Apr. 21, 1976, Pub.L. 94-273, § 34, 90 Stat. 380; Oct. 30, 1978, Pub.L. 95-552, § 1, 92 Stat. 2071; Nov. 8, 1978, Pub.L. 95-616, § 7(a), 92 Stat. 3114; Nov. 7, 1986, Pub.L. 99-625, § 3, 100 Stat. 3502; Nov. 10, 1986, Pub.L. 99-645, Title II, § 202, 100 Stat. 3586; Aug. 3, 2006, Pub.L. 109-266, § 10(b), (c), (i)(1), 120 Stat. 674, 675; Pub.L. 113-264, § 2(1), (2), Dec. 18, 2014, 128 Stat. 2939.)

 

§ 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.

CREDIT(S)

(July 30, 1956, c. 782, § 3(a), (b), 70 Stat. 722; Dec. 22, 1971, Pub.L. 92-214, § 3, 85 Stat. 777; Aug. 3, 2006, Pub.L. 109-266, § 10(i)(2), 120 Stat. 679.)

 

§ 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.

CREDIT(S)

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

 

§ 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 Columbia 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 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.


CREDIT(S)

(Mar. 16, 1934, c. 71, § 4, 48 Stat. 451; June 15, 1935, c. 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, c. 421, § 2, 63 Stat. 600; Oct. 20, 1951, c. 520, 65 Stat. 451; Aug. 1, 1958, Pub.L. 85-585, §§ 2, 3, 72 Stat. 486, 487; Oct. 15, 1966, Pub.L. 89-669, § 6, 80 Stat. 929; Dec. 22, 1971, Pub.L. 92-214, § 2, 85 Stat. 777; Feb. 17, 1976, Pub.L. 94-215, § 3(d), 90 Stat. 190; Oct. 19, 1998, Pub.L. 105-269, § 2, 112 Stat. 2381; Aug. 3, 2006, Pub.L. 109-266, § 10(e), 120 Stat. 676; Pub.L. 113-264, §§ 2(3), (3), Dec. 18, 2014, 128 Stat. 2939.)

 

§ 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) [FN1] 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) of this section, 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.

CREDIT(S)

(Mar. 16, 1934, c. 71, § 5, 48 Stat. 452; June 15, 1935, c. 261, Title I, § 5, 49 Stat. 380; July 18, 1984, Pub.L. 98-369, Title X, § 1077(a), (b)(3), 98 Stat. 1054, 1055; Nov. 14, 1988, Pub.L. 100-653, Title III, § 302, 102 Stat. 3827; Aug. 3, 2006, Pub.L. 109-266, § 10(f), 120 Stat. 677.)

 

§ 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 magistrates, 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, magistrates, 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.

CREDIT(S)

(Mar. 16, 1934, c. 71, § 6, 48 Stat. 452; 1939 Reorg. Plan No. II, § 4(f), eff. July 1, 1939, 4 F.R. 2731, 53 Stat. 1433; Oct. 17, 1968, Pub.L. 90-578, Title IV, § 402(b)(2), 82 Stat. 1118; Nov. 8, 1978, Pub.L. 95-616, § 3(i), 92 Stat. 3112; Aug. 3, 2006, Pub.L. 109-266, § 10(g), 120 Stat. 677.)

 

§ 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.

CREDIT(S)

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

 

§ 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.

CREDIT(S)

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

 

§ 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.

CREDIT(S)

(Mar. 16, 1934, c. 71, § 9, as added Aug. 3, 2006, Pub.L. 109-266, § 10(h), 120 Stat. 678.)

 

§ 718j. Definitions

(a) In general

In this subchapter, the terms defined in the Migratory Bird Conservation Act (16 U.S.C. 715 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.

CREDIT(S)

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

 

§ 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.

CREDIT(S)

(Pub.L. 105-277, Div. A, § 101(e) [Title I], Oct. 21, 1998, 112 Stat. 2681-236.)

 
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