§1338a — Title 16 Conservation | U.S. Code

Summary

The Secretary may use or hire helicopters or motor vehicles to move animals that are captured, but only after a public hearing and while the Secretary or an authorized Department official is directly supervising. The Secretary must follow humane procedures, and section 47(a) of title 18 does not apply to that use. The Secretary also keeps full authority to manage National Park units and may use or hire motor vehicles, fixed‑wing aircraft, or helicopters for park management without regard to this chapter or section 47(a) of title 18, and in that case section 47(a) of title 18 shall be applicable.

Title 16, §1338a

Conservation — Source: USLM XML via OLRC

In administering this chapter, the Secretary may use or contract for the use of helicopters or, for the purpose of transporting captured animals, motor vehicles. Such use shall be undertaken only after a public hearing and under the direct supervision of the Secretary or of a duly authorized official or employee of the Department. The provisions of section 47(a) of title 18 shall not be applicable to such use. Such use shall be in accordance with humane procedures prescribed by the Secretary. Nothing in this chapter shall be deemed to limit the authority of the Secretary in the management of units of the National Park System, and the Secretary may, without regard either to the provisions of this chapter, or the provisions of section 47(a) of title 18, use motor vehicles, fixed-wing aircraft, or helicopters, or to contract for such use, in furtherance of the management of the National Park System, and section 47(a) of title 18 shall be applicable to such use.

Notes & Related Subsidiaries

Editorial Notes

References in Text

This chapter, referred to in last sentence, was in the original “this title”, and was translated as reading “this Act”, meaning the Wild Free-Roaming Horses and Burros Act which enacted this chapter, to reflect the probable intent of Congress, because that Act does not contain titles.

Amendments

1996—Pub. L. 104–333 inserted at end “Nothing in this chapter shall be deemed to limit the authority of the Secretary in the management of units of the National Park System, and the Secretary may, without regard either to the provisions of this chapter, or the provisions of section 47(a) of title 18, use motor vehicles, fixed-wing aircraft, or helicopters, or to contract for such use, in furtherance of the management of the National Park System, and section 47(a) of title 18 shall be applicable to such use.”

§1338a Transportation of Captured Animals; Procedures and Prohibitions Applicable