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U.S. Code as of:
01/19/04
Section 742j-1. Airborne hunting
(a) Prohibition; penalty
Any person who -
(1) while airborne in an aircraft shoots or attempts to shoot
for the purpose of capturing or killing any bird, fish, or other
animal; or
(2) uses an aircraft to harass any bird, fish, or other animal;
or
(3) knowingly participates in using an aircraft for any purpose
referred to in paragraph (1) or (2);
shall be fined not more than $5,000 or imprisoned not more than one
year, or both.
(b) Exception; report of State to Secretary
(1) This section shall not apply to any person if such person is
employed by, or is an authorized agent of or is operating under a
license or permit of, any State or the United States to administer
or protect or aid in the administration or protection of land,
water, wildlife, livestock, domesticated animals, human life, or
crops, and each such person so operating under a license or permit
shall report to the applicable issuing authority each calendar
quarter the number and type of animals so taken.
(2) In any case in which a State, or any agency thereof, issues a
permit referred to in paragraph (1) of this subsection, it shall
file with the Secretary of the Interior an annual report containing
such information as the Secretary shall prescribe, including but
not limited to -
(A) the name and address of each person to whom a permit was
issued;
(B) a description of the animals authorized to be taken
thereunder, the number of animals authorized to be taken, and a
description of the area from which the animals are authorized to
be taken;
(C) the number and type of animals taken by such person to whom
a permit was issued; and
(D) the reason for issuing the permit.
(c) "Aircraft" defined
As used in this section, the term "aircraft" means any
contrivance used for flight in the air.
(d) Enforcement; regulations; arrest; search; issuance and
execution of warrants and process; cooperative agreements
The Secretary of the Interior shall enforce the provisions of
this section and shall promulgate such regulations as he deems
necessary and appropriate to carry out such enforcement. Any
employee of the Department of the Interior authorized by the
Secretary of the Interior to enforce the provisions of this section
may, without warrant, arrest any person committing in his presence
or view a violation of this section or of any regulation issued
hereunder and take such person immediately for examination or trial
before an officer or court of competent jurisdiction; may execute
any warrant or other process issued by an officer or court of
competent jurisdiction for the enforcement of the provisions of
this section; and may, with or without a warrant, as authorized by
law, search any place. The Secretary of the Interior is authorized
to enter into cooperative agreements with State fish and wildlife
agencies or other appropriate State authorities to facilitate
enforcement of this section, and by such agreements to delegate
such enforcement authority to State law enforcement personnel as he
deems appropriate for effective enforcement of this section. Any
judge of any court established under the laws of the United States,
and any United States magistrate judge may, within his respective
jurisdiction, upon proper oath or affirmation showing probable
cause, issue warrants in all such cases.
(e) Forfeiture
All birds, fish, or other animals shot or captured contrary to
the provisions of this section, or of any regulation issued
hereunder, and all guns, aircraft, and other equipment used to aid
in the shooting, attempting to shoot, capturing, or harassing of
any bird, fish, or other animal in violation of this section or of
any regulation issued hereunder shall be subject to forfeiture to
the United States.
(f) Certain customs laws applied
All provisions of law relating to the seizure, forfeiture, and
condemnation of a vessel for violation of the customs laws, the
disposition of such vessel or the proceeds from the sale thereof,
and the remission or mitigation of such forfeitures, shall apply to
the seizures and forfeitures incurred, or alleged to have been
incurred, under the provisions of this section, insofar as such
provisions of law are applicable and not inconsistent with the
provisions of this section; except that all powers, rights, and
duties conferred or imposed by the customs laws upon any officer or
employee of the Treasury Department shall, for the purposes of this
section, be exercised or performed by the Secretary of the Interior
or by such persons as he may designate.
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