PRIA, Government Policy, Made Personal

Summary

Anyone 16 or older must carry a valid Migratory Bird Hunting and Conservation Stamp when taking migratory waterfowl. The stamp can be electronic or a paper stamp that is signed in ink across its face before you take the bird. No stamp is needed for federal or state agencies, for propagation, for a property owner/tenant/sharecropper (or certain Interior agencies) killing birds that damage crops under rules from the Secretary, or for rural Alaska residents for subsistence uses (see section 3113). You must show the stamp to authorized Interior or state game officers on request. You do not have to attach the stamp to any other license before taking one or more waterfowl.

Title 16, §718a

Conservation, Source: USLM XML via OLRC

(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, as an electronic stamp (as defined in section 718o of this title) or validated by the signature of the individual written in ink across the face of the actual stamp (as defined in that section) 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 3113 of this title).

(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.

Notes & Related Subsidiaries

Editorial Notes

Amendments

2023—Subsec. (a)(1). Pub. L. 118–25 inserted “as an electronic stamp (as defined in section 718o of this title) or” after “Conservation Stamp,” and substituted “face of the actual stamp (as defined in that section)” for “face of the stamp”. 2014—Subsec. (a)(2)(D). Pub. L. 113–264 added subpar. (D). 2006—Pub. L. 109–266 amended section generally. Prior to amendment, section related to hunting and conservation stamp for taking migratory waterfowl. 1976—Pub. L. 94–215 substituted “hunting and conservation stamp” for “hunting stamp” in first sentence. 1956—Act

July 30, 1956, substituted “no person who has attained the age of sixteen years”, for “no person over sixteen years of age”. 1935—Act

June 15, 1935, substituted “validated by his signature written by himself in ink across the face of the stamp prior to his taking such birds” for “issued to him in the manner hereinafter provided,” and struck out provisions which authorized the Secretary of Agriculture to adopt and promulgate

Regulations

for the protection of private property in the injury of crops.

Executive Documents

Transfer of Functions

Reorg. Plan No. II of 1939, set out in the Appendix to Title 5, Government Organization and Employees, transferred functions of Secretary of Agriculture relating to conservation of wildlife, game, and migratory birds to Secretary of the Interior.

§718a Prohibition on Taking