16 U.S.C. § 1338a: Transportation of captured…

Summary

The Secretary may use or hire helicopters or motor vehicles to move captured animals, but only after a public hearing and under the Secretary’s or an authorized employee’s direct supervision. That use must follow humane procedures the Secretary sets, and section 47(a) of title 18 does not apply. Nothing here limits the Secretary’s power to manage National Park System units. For park management, the Secretary may use or hire motor vehicles, fixed‑wing aircraft, or helicopters without regard to this chapter or to section 47(a) of title 18, and section 47(a) of title 18 shall be applicable to that use.

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