(2) Any gifts and bequests of money and proceeds from the sales of other property received as gifts or bequests pursuant to this subsection shall be deposited in a separate account in the Treasury and shall be disbursed upon order of the Secretary for the benefit of programs administered by the United States Fish and Wildlife Service. (3) For the purpose of Federal income, estate, and gift taxes, property, or proceeds therefrom, or interests therein, accepted under this subsection shall be considered as a gift or bequest to the United States. (c) (1) The Secretary of the Interior and the Secretary of Commerce may each recruit, train, and accept, without regard to the provisions of title 5, United States Code, the services of individuals without compensation as volunteers for, or in aid of programs conducted by either Secretary through the United States Fish and Wildlife Service or the National Oceanic and Atmospheric Administration. (2) The Secretary of the Interior and the Secretary of Commerce are each authorized to provide for incidental expenses such as transportation, uniforms, lodging, and subsistence of such volunteers. (3) Except as otherwise provided in this subsection, a volunteer shall not be deemed a Federal employee and shall not be subject to the provisions of law relating to Federal employment, including those relative to hours of work, rates of compensation, leave, unemployment compensation, and Federal employee benefits. (4) For the purpose of the tort claim provisions of title 28 of the United States Code, a volunteer under this subsection shall be considered a Federal employee. (5) For the purposes of subchapter I of chapter 81 of title 5 of the United States Code, relating to compensation to Federal employees for work injuries, volunteers under this subsection shall be deemed employees of the United States within the meeting of the term "employees" as defined in section 8101 of title 5, United States Code, and the provisions of that subchapter shall apply. (6) There are authorized to be appropriated to carry out this subsection $100,000 for the Secretary of the Interior and $50,000 for the Secretary of Commerce for each of the fiscal years 1980, 1981, and 1982. (As amended by P.L. 95-616, 93 Stat. 3110, November 8, 1978) 5 USC 8101. State Department-Cooperation Sec. 8. (a) The Secretary shall cooperate to the fullest practicable extent with the Secretary of State in providing representation at all meetings and conferences relating to fish and wildlife in which representatives of the United States and foreign countries participate. The Secretary of State shall designate the Secretary of the Interior or the Assistant Secretary for Fish and Wildlife, or a person designated by the Secretary of the Interior to represent the Department of the Interior, as a member of the United States delegation attending such meetings and conferences and also as a member of the negotiating team of any such delegation. (b) The Secretary of State and all other officials having responsibilities in the fields of technical and economic aid to foreign nations shall consult with the Secretary in all cases in which the interests of fish and wildlife are involved, with a view to assuring that such interests are adequately represented at all times. (c) Notwithstanding any other provision of law, the Secretary shall be represented in all international negotiations conducted by the United States pursuant to section 350 of the Tariff Act of 1930, as amended, in any case in which fish products are directly affected by such negotiations. (d) The Secretary shall consult periodically with the various governmental, private nonprofit, and other organizations and agencies which have to do with any phase of fish and wildlife with respect to any problems that may arise in connection with such fish and wildlife. Sec. 9. Reports On Activities and Imports (a) The Secretary of the Interior shall make an annual report to the Congress with respect to activities of the United States Fish and Wildlife Service under this Act, and shall make such recommendations for additional legislation as he deems necessary. (b) The Secretary is authorized to make a report to the President and the Congress, and, when requested by the United States Tariff Commission in connection with section 7 of the Trade Agreements Extension Act of 1951, as amended (67 Stat. 72, 74), or when an investigation is made under the Tariff Act of 1930 (19 U.S.C. 1332), the Secretary is authorized to make a 48 Stat. 943. 19 USC 1351. Report to 65 Stat. 74. 19 USC 1364. 67 Stat. 29. 15 USC 713c-3 Airborne hunting. Prohibition. 70 Stat. 1119. 16 USC 742a note. Penalty. Exception. Report. "Aircraft." Regulations. report to such Commission, concerning the following matters with respect to any fishery product which is imported into the United States, or such reports may be made upon a request from any segment of the domestic industry producing a like or directly competitive product (1) whether there has been a downward trend in the production, employment in the production, or prices, or a decline in the sales, of the like or directly competitive product by the domestic industry; and (2) whether there has been an increase in the imports of the fishery products into the United States, either actual or relative to the production of the like or directly competitive product produced by the domestic industry. The Rights of States Sec. 10. Nothing in this Act shall be construed (1) to interfere in any manner with the rights of any State under the Submerged Lands Act (Public Law 31, Eighty-third Congress) or otherwise provided by law, or to supersede any regulatory authority over fisheries exercised by the States either individually or under interstate compacts; or (2) to interfere in any manner with the authority exercised by any International Commission established under any treaty or convention to which the United States is a party. Authorization for Appropriation Sec. 11. There are hereby authorized to be appropriated such sums as may be necessary to carry out the provisions of this Act. Sec. 12. (a) The authorization for the transfer of certain funds from the Secretary of Agriculture to the Secretary of the Interior and their maintenance in a separate fund as contained in section 2(a) of the Act of August 11, 1939, as amended July 1, 1954 (68 Stat. 376), shall be continued for the year ending June 30, 1957, and each year thereafter. (b) Subsection (e) of section 2 of the aforesaid Act of August 11, 1939, as amended, is hereby amended to read as follows: "(e) The separate fund created for the use of the Secretary of the Interior under section 2(a) of this Act and the annual accruals thereto shall be available for each year hereafter until expended by the Secretary." Sec. 13. (a) 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) (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) As used in this section, the term "aircraft" means any contrivance used for flight in the air. (d) 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 Cooperative 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 may, within his respective jurisdiction, upon proper oath or affirmation showing probable cause, issue warrants in all such cases. (e) All birds, fish, or other animals shot or captured contrary to the provisions of this section, Forfeiture. 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) 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. (As amended by P.L. 92-159, 85 Stat. 480, November 18, 1971; and P.L. 92-502, 86 Stat. 905, October 18, 1972) Approved August 8, 1956. Amendments Approved September 2, 1958; October 4, 1961; October 11, 1962; May 20, 1964; July 24, 1965; June 12, 1970; August 24, 1970; November 18, 1971; October 18, 1972; April 22, 1974; April 21, 1976; and November 8, 1978. LEGISLATIVE HISTORY: P.L. 84-1024 HOUSE REPORT: No. 84-2519, June 28, 1956 (To accompany H.R. 11570). SENATE REPORT: No. 84-2017, May 17, 1956 (To accompany S. 3275). CONFERENCE REPORT: No. 84-2942, July 26, 1956 (To accompany S. 3275). LEGISLATIVE HISTORY: P.L. 85-888 HOUSE REPORT: No. 85-2629, Aug. 14, 1958 (To accompany S. 3295). SENATE REPORT: No. 85-1373, Mar. 11, 1958 (To accompany S.3295). LEGISLATIVE HISTORY: P.L. 87-367 HOUSE REPORT: No. 87-1170, Sept. 12, 1961 (To accompany H.R. 7377). SENATE REPORT: No. 87-977, Sept. 12, 1961 (To accompany S. 1732). CONFERENCE REPORT: No. 87-1261, Sept. 22, 1961 (To accompany H.R. 7377). LEGISLATIVE HISTORY: P.L. 87-793 HOUSE REPORT: No. 87-1155, Sept. 7, 1961 (To accompany H.R. 7927). Customs laws, applicability. SENATE REPORT: No. 87-2120, Sept. 24, 1962 (To accompany H.R. 7927). CONFERENCE REPORT: No. 87-2532, Oct. 4, 1962 (To accompany H.R. 7927). LEGISLATIVE HISTORY: P.L. 88-309 HOUSE REPORT: No. 1363 (Comm. on Merchant Marine & Fisheries). SENATE REPORT: No. 338 (Comm. on Commerce). CONGRESSIONAL RECORD: Vol. 109 (1963): July 18, 22, considered and passed Senate. May 4, considered and passed House, amended. LEGISLATIVE HISTORY: P.L. 89-85 HOUSE REPORT: No. 600 (Comm. on Merchant Marine & Fisheries). SENATE REPORT: No. 325 (Comm. on Commerce). CONGRESSIONAL RECORD: Vol. 111 (1965): June 16: Considered and passed Senate. LEGISLATIVE HISTORY: P.L. 91-279 HOUSE REPORT: No. 91-394 (Comm. on Merchant Marine & Fisheries). SENATE REPORT: No. 91-888 (Comm. on Commerce). CONGRESSIONAL RECORD: Vol. 115 (1969): Aug. 12, considered and passed House. Vol. 116 (1970): May 22, considered and passed Senate, amended. May 27, House concurred in Senate amendments. LEGISLATIVE HISTORY: P.L. 91-387 HOUSE REPORT: No. 91-1273 accompanying H.R. 14124 (Comm. on Merchant Marine & Fisheries). SENATE REPORT: No. 91-862 (Comm. on Commerce). CONGRESSIONAL RECORD: Vol. 116 (1970): May 15, considered and passed Senate. July 20, considered and passed House, amended, in lieu of H.R. 14124. Aug. 12, Senate agreed to House amendment. LEGISLATIVE HISTORY: P.L. 92-159 HOUSE REPORT: No. 92-202 (Comm. on Merchant Marine & Fisheries). SENATE REPORT: No. 92-421 (Comm. on Commerce). CONGRESSIONAL RECORD: Vol. 117 (1971): May 17, considered and passed House. Nov. 4, considered and passed Senate, amended. LEGISLATIVE HISTORY: P.L. 92-502 HOUSE REPORT: No. 92-1109 (Comm. on Merchant Marine & Fisheries). SENATE REPORT: No. 92-1157 (Comm. on Commerce). CONGRESSIONAL RECORD: Vol. 118 (1972): June 5, considered and passed House. LEGISLATIVE HISTORY: P.L. 93-271 HOUSE REPORT: No. 93-952 (Comm. on Merchant Marine & Fisheries). CONGRESSIONAL RECORD: Vol. 120 (1974): Apr. 2, considered and passed House. Apr. 9, considered and passed Senate. LEGISLATIVE HISTORY: P.L. 94-273 HOUSE REPORT: No. 94-1000 accompanying H.R. 12605 (Comm. on Government Operations). SENATE REPORT: No. 94-469 (Comm. on Government Operations). CONGRESSIONAL RECORD: Vol. 121 (1975): Dec. 1, considered and passed Senate. Vol. 122 (1976): Apr. 6, considered and passed House, amended, in lieu of H.R. 12605. Jan. 19, considered and passed House. Sept. 25, considered and passed Senate, amended. Sept. 26, passage vitiated; reconsidered and passed Senate, amended. Oct. 15, House agreed to conference report; receded from disagreement and concurred in Senate amendment No. 32 with amendments; Senate agreed to conference report, and concurred in House amendments to Senate amendment No. 32; receded from Senate amendment No. 33. |