/ R. A. — B. S. 90 Issued January 1938 United States Department of Agriculture BUREAU OF BIOLOGICAL SURVEY SERVICE AND REGULATORY ANNOUNCEMENTS LAWS AND REGULATIONS FOR THE ADMINISTRATION OF NATIONAL WILDLIFE REFUGES CONTENTS Page Regulations for the administration of national wildlife refuges under the juris- diction of the Bureau of Biological Survey 1 Instructions by the Chief, Bureau of Biological Survey, to officers in charge of national wildlife refuges relative to impounding trespassing animals 6 Law protecting wild animals, birds and their eggs, and Government property on Federal refuges 8 Extracts from the Migratory Bird Conservation Act 9 Law providing punishment for killing or assaulting Federal officers 10 Act regulating fires on the public domain _ 10 REGULATIONS FOR THE ADMINISTRATION OF NATIONAL WILDLIFE REFUGES UNDER THE JURISDICTION OF THE BUREAU OF BIO- LOGICAL SURVEY 1 [Issued by the Secretary of Agriculture November 23, 1937 ; effective November 24, 1937 — 2 F. R. 2954] Regulation 1 — Definition of Terms For the purpose of these regulations the following terms shall be construed, respectively, to mean and to include — Secretary. — The Secretary of Agriculture of the United States. Chief of Bureau. — The Chief of the Bureau of Biological Survey, United States Department of Agriculture. Regional director. — Regional director of the Bureau of Biological Survey, United States Department of Agriculture. Refuge. — Refuges, preserves, ranges, reservations, or breeding grounds under the administration of the Secretary of Agriculture. Take. — Molest, pursue, hunt, shoot, kill, trap, capture, or collect, or attempt to molest, pursue, hunt, shoot, kill, trap, capture, or collect, by any means or in any manner. Person. — The plural or singular, as the case demands, of individuals, clubs, associations, partnerships, or corporations, unless the context otherwise requires. Officer in charge. — Refuge manager, assistant refuge manager, United States reservation protector, superintendent, deputy, or the authorized representative of any such officer. 1 These regulations, except regulations 15, 16, and 17 which are general in scope, are not applicable to the Wichita Mountains Wildlife Refuge, Okla. ; the Upper Mississippi River Wildlife and Fish Refuge, Minn., Wis., Iowa, and 111. ; the Bear River Migratory- Bird Refuge, Utah ; and the Aleutian Islands and Nunivak Island Refuges, Alaska. Regulations for the foregoing are issued separately, under the dates given, as follows : Wichita Mountains Wildlife Refuge, S. R. A.-B. S. 85, February 1937 ; Upper Mississippi Refuge, S. R. A.-B. S. 80, December 1934 ; Bear River Refuge, mimeographed September 28, 1932, amended October 15,. J^3S r -mHr23-3^ TW^TTttau-TTsTahds Refuge, S. R. A.-B. S. 74, March 1931 ; Nunivak Island Refuge, mimeographed. May 12, 1933. Bi-1285. Reg- ulations for the administration of game ranges established in conjunction with the organization of grazing, districts' under the Taylor Grazing Act', are contained in S. R. A. B. S. 86, issued April 1$37. | 35016—38 . .. . » U.S. DEPOSITORY 2, BUREAU OF BIOLOGICAL SURVEY [S. R.A. Wildlife. — Wild mammals, birds, fishes, and other vertebrates, including nests and eggs. Big-game animals. — Buffalo, moose, caribou, elk, deer, bighorns or mountain sheep, mountain goats, antelope, bears, peccaries, and for the purpose of these regulations, wild burros and wild horses. Wild game birds. — All migratory and upland game birds. Regulation 2 — Entry Upon Refuges Entry upon refuges unless otherwise provided shall be only under appro- priate permit issued for the purpose, but permits will not be required of any person — For admission to the headquarters of the officer in charge when made by the usual line of travel; For access to any part of a refuge by a person who is accompanied by the officer in charge; For access to any part of a refuge by an authorized employee of the Depart- ment of Agriculture ; For entry and temporary use for recreational or other appropriate purposes of a camp site or other area specifically designated for the use of the public by the Chief of Bureau under such conditions as he shall prescribe so long as such use and occupancy do not interfere with the objects for which the refuge is established ; or For fishing or the taking of wildlife when by appropriate order the Secretary shall specifically authorize such action without permit. Regulation 3— Fishing Fishing will be allowed on refuges acquired under the Migratory Bird Con- servation Act, and on such areas in other refuges as may be designated for the purpose from time to time by order of the Secretary, but it shall be conducted in accordance with the laws of the State in which situated and in a manner that will not interfere with the objects of the refuge. Permits, valid during the period stated therein, for fishing on any such refuges or areas shall be issued by the officer in charge unless the Secretary by order shall authorize fishing without permit. Regulation 4 — Specimens for Scientific, Exhibition, Restocking, or Propagating Purposes Specimens of plant and animal life or other natural objects on any refuge, including the nests and eggs of birds, may be taken for scientific, exhibition, restocking, or propagating purposes under special permit issued by the Secretary and countersigned by the Chief of Bureau, but no such permit shall be deemed to authorize the taking, possession, transportation, or sale of any wildlife, or of the nests or eggs of birds, contrary to State or Federal law. Regulation 5 — Scientific Studies Entry upon a refuge for scientific study, for taking photographs, or for other like purpose, when not inconsistent with the objects for which the refuge was created, may be allowed under permit issued by the officer in charge. Regulation 6 — Removal of Injurious Objects The removal of injurious animal life or other objects on any refuge and the disposition thereof in accordance with law and regulations and the orders of the Secretary shall be made by or under direction of the Chief of Bureau. Regulation 7 — Domestic Animals The ranging of cattle or other domestic stock or the running at large of dogs or cats upon a refuge or the entry of any such animals upon a refuse for any purpose except as specifically authorized under these regulations is not permitted. B. S.90J ADMINISTRATION OF NATIONAL WILDLIFE REFUGES 3 Regulation 8— Economic Utilization of Resources Permits to graze livestock, to harvesl hay or stock feed, to remove timber, firewood, or other spontaneous products of the soil, or shells, sand, or gravel, to occupy or cultivate areas, to occupy residences or other buildings, to use any material of commercial value, or to make other use of the refuge not inconsistent with its objects may he issued by the Chief of Bureau or the regional director of the region in which the refuge is located upon such terms and at such rates of charge, if any. as may he ascertained and determil ed by the Chief of Bureau or the regional director to he commensurate with the value of the privilege granted by such permit. Any domestic animal that may die on the refuge shall he buried immediately by the owner, or by the person having it in charge, at least 2 feet underground and not less than one-fourth mile from a road, trail, highway, camp site, or occupied area, as directed by the officer in charge. Regulation 9— Hunting and Trapping The taking of wildlife on refuges, when in accordance with the provisions of applicable Federal and State laws and under such conditions as the Secretary may prescribe, will be allowed only within such areas as may he designated for the purpose by order of the Secretary, and. unless otherwise provided in the order, under permit issued by the officer in charge, but no birds may be taken on any refuge acquired tinder the Migratory Bird Conservation Act. Regulation 10 — Official Operations Excepted These regulations shall not be construed to forbid or interfere with official operations within refuges by employees or agents of other departments or bureaus of the Government for the use of which the refuges or parts thereof have also been appropriated or designated. Regulation 11 — Private Operations and Advertising Xo person shall engage in or solicit any business or erect or occupy buildings within any refuge without a permit issued by the Chief of Bureau or by the regional director of the region in which the refuge is located and then only npon such conditions and at such rates of charge, if any. as may be ascertained and determined by the Chief of Bureau to be appropriate. Private notices or advertisements may not be posted, distributed, or displayed within the bound- aries of any refuge, except that this prohibition shall not apply to names. addresses, and business designations of a permanent nature regularly carried on trucks, business automobiles, or other vehicles. Regulation 12 — Firearms Carrying, possessing, or discharging firearms on any refuge is not permitted, except that the officer in charge and other employees of the Department of Agriculture engaged in predator or rodent control and Federal or State officials engaged in law enforcement may carry and use firearms on refuges in the performance of official duties. Persons authorized by permit of the Secretary, countersigned by the Chief of Bureau, to take specimens of wildlife for scientific purposes on any refuge may use firearms when necessary in collecting such specimens : and under permit of the Chief of Bureau firearms may be possessed or used on refuges for such special purposes as may be specifically authorized in such permit. Persons crossing any refuge may carry or transport unloaded, dismantled, or cased firearms over regularly established routes of travel. Regulation 13 — Disorderly Conduct Disturbance of the peace or other disorderly conduct is prohibited at all times on all refuges, and no intoxicated person will be permitted to enter or he upon any refuge. Violation of this regulation shall invalidate the original permission accorded the offender to enter and be upon the refuge, and he shall leave the refuge as directed by the officer in charge, or. failing to do so. his presence on the area after such notice or direction shall constitute a continuous trespass for the purpose of the enforcement of these regulations and will sub- ject him to eviction from the refuge or to arrest and prosecution, or both. 4 BUREAU OF BIOLOGICAL SURVEY [S.R.A. Regulation 14 — Preservation of Public Property and Natural Features The destruction, injury, defacement, removal, or disturbance in any manner of any building, notice, sign, signboard, equipment, fence, post, road, trail, dike, dike embankment, dam, bridge, fireplace, grate, table, bench, camp equip- ment, or any other public property of any kind ; or of any tree, flower, vegeta- tion, rock, or soil ; or of any animal, bird, or other form of wildlife is prohibited, except as otherwise provided. Regulation 15 — Introducing Extralimital Wildlife Live mammals, birds, fishes, frogs, snakes, or turtles taken elsewhere shall not be introduced, liberated, or placed on any refuge unless authorized by the Chief of Bureau by permit or otherwise. Regulation 16 — Impounding of Animals 8 Domestic livestock and dogs trespassing on a refuge may be impounded by the officer in charge. If the owner is known, prompt written notice of the impounding will be served upon him and in the event of his failure to remove the impounded animal within 5 days from delivery of such notice it will be sold or otherwise disposed of as hereinafter prescribed. If the owner is unknown, no sale or other disposition of the animal shall be made until at least 15 days have elapsed from the date that a notice of the impounding is first published in a newspaper of general circulation in the county in which the trespass occurs and posted at the county courthouse. Regional directors and officers in charge of refuges are hereby authorized to order the publication of such notices in news- papers by direct transmittal to the publisher of the standard form of advertising order approved by the Comptroller General. The notice shall state when and where the animal was impounded, shall describe it by brand or earmark or both, or, in the absence of such distinguishing marks, by such other means as are necessary to identify such animal, and shall specify the time and place it will be offered at public sale to the highest bidder in default of redemption by the owner on or before that date. Prior to such sale the owner may redeem the animal by submitting proof of ownership and paying all expenses incurred by the United States for gathering, advertising, pasturing, feeding, and impounding. Upon the sale of any animal in accordance with this regulation, the Chief of Bureau or his authorized representative shall issue a certificate of sale. If an animal impounded under this regulation is offered at public sale and no bid is received, it may, in the discretion of the Chief of Bureau, or the regional direc- tor, be sold at private sale or be condemned and destroyed. In all livestock trespasses on wildlife refuges the value of the forage consumed will be computed at the daily, monthly, or yearly commercial rates prevailing in the locality for the class of livestock found in trespass. In addition to the damages to wildlife refuge property injured or destroyed, and in order to compensate the United States fully for any loss resulting from trespass by livestock, a charge may be made and added to the value of the forage consumed, which shall include the pro rata salary of refuge officers for the time spent and the expenses incurred in and about the investigations, reports, and prosecution of the case. Regulation 17 — Sale of Surplus Animals and Products Within the limitations of the act of June 15, 1935, 49 Stat. 383, the following conditions and requirements are prescribed governing the sale or other disposi- tion of wildlife, including long-horned cattle, wild burros, and wild horses, and hay, timber, grass, or other spontaneous products of the soil that may become surplus to refuge needs or requirements : Big-game animals and long-homed cattle. — The Chief of Bureau shall from time to time determine the number of surplus big-game animals, including long- horned cattle, in the respective herds on fenced big-game refuges under his administration and, upon submitting lists of such animals to the Secretary, shall announce them for sale for propagation, restocking, exhibition, or food, in ac- cordance with such schedule of prices as may be prescribed from time to time by order of the Secretary and under such conditions as the Chief of Bureau may 2 Instructions for the guidance of refuge officers regarding the impounding of tres- passing animals will be found on p. 6. B. S.ooj ADMINISTRATION OF NATIONAL WILDLIFE REFUGES 5 impose for the safeguarding of the Government's Interests. Id the sale of such animals preference shall be given to applications for purchase alive for propaga- tion, restocking, or exhibition : Provided, That in the discretion of the Chief of Bureau surplus animals may be exchanged for like or other species or they may be donated or loaned to State, county, city, or municipal zoos, parks, or game preserves, or to private institutions for propagation, restocking, or exhibition, the recipients to pay expenses incident to the capture, crating, removal, and transportation of such animals as the Chief of Bureau shall direct. Surplus animals not disposed of as hereinbefore provided may be transferred to an Indian Agency or other Federal service on application therefor by such agency or service, for restocking, propagation, or food, said agency or service to pay all expenses incident to the capturing or butchering of the animals and their removal and transportation from the refuge. Substandard animals, carcasses of animals accidentally killed or injured, and hides, heads, horns, or other parts of such animals may be disposed of at public or private sale in the discretion of the Chief of Bureau, at the best price obtainable. Fur-hearing animals. — Under the direction of the Chief of Bureau, fur-bearing animals surplus to refuge needs and requirements or the disposal of which is, essential to the maintenance of a balanced wildlife population and management program may be taken and exchanged, sold or donated, to any State or county for restocking or propagation, or they may be trapped and the pelts thereof sold in the open market at the prevailing market price; but the Chief of Bureau may, if consistent with refuge administration, extend public trapping privileges on such refuge, giving preference to local residents of the county or counties in which the refuge is situated, subject to State trapping laws and regulations and to such regulations, conditions, and rates of charge, if any, as the Secretary by order may prescribe, and, unless otherwise provided in the order, under permit issued by the officer in charge. 'Wild burros and wild horses. — Wild burros and wild horses existing on wild- life refuges surplus to refuge needs and requirements, or the disposal of which is essential to the maintenance of a balanced wildlife population, may be dis- posed of by private or public sale at the best price obtainable, or they may be otherwise disposed of in the discretion of the Chief of Bureau. Wild game birds. — Wild game birds, including migratory and upland species, propagated, introduced, or maintained on refuges surplus to refuge needs or requirements, or the disposal of which is essential to the maintenance of a bal- anced population, may be disposed of in such manner and under such condi- tions as the Chief of Bureau may determine to be appropriate. Hay, grass, timber, and other products. — Hay, grass, timber, or other spon- taneous products of the soil produced on any refuge surplus to refuge needs and requirements may be sold by the Chief of Bureau, preference being given to local residents of the county or counties in which the refuge is situated, at prevailing market prices for such products in the locality where produced. Whenever in the opinion of the Chief of Bureau or the regional director it shall be advantageous to the United States, he may, in his discretion, enter into cooperative agreements with officials, organizations, associations, and indi- viduals for the cultivation of lands of the United States within refuges, whereby specified areas of grain, hay. or other feed and cover for wildlife will be allowed to remain on the refuge in lieu of further consideration for such agreements or permits. Regulation 18 — Application for Permits Applications for permits shall be made in writing and shall be addressed to the regional director of the Bureau of Biological Survey of the region in which the refuge is situated or to the officer in charge of the refuge, when the permits are authorized to be issued by such officers ; otherwise, to the Chief, Bureau of Biological Survey, Washington, D. C. Regulation 19 — Exhibition and Revocation of Permits The holder of a permit authorizing him to be upon a refuge shaU exhibit it at any reasonable time upon request of any officer or employee of the Department of Agriculture engaged in the administration or enforcement of laws or regulations applicable to the refuge and shall furnish such further in- formation as to his identification as may be required by such officer or employee. A permit may be terminated at any time by agreement between the officer in charge and the permittee ; it may be revoked by the Chief of Bureau or by the (3 BUREAU OF BIOLOGICAL SURVEY tS.R.A. regional director who issued it for noncompliance with the terms thereof or of these regulations, for nonnse, or for violation of any law, regulation, or order applicable to the refuge, or for violation of any State or Federal law protecting wildlife or the nests or eggs of birds ; and it is subject at all times to discretionary revocation by the Secretary. These regulations supersede the regulations of the Secretary of Agriculture of May 7. 1930,* for the administration of Federal wildlife refuges, and the regulations of the Secretary of October 5, 193V relating to the impounding of animals, and of October 14. 1936, 8 relating to the disposal of surplus big-game animals. INSTRUCTIONS BY THE CHIEF, BUREAU OF BIOLOGICAL SURVEY, TO OFFICERS IN CHARGE OF NATIONAL WILDLIFE REFUGES RELA- TIVE TO IMPOUNDING TRESPASSING ANIMALS OBJECT OF REGULATION Regulation 16 (p. 4) is designed to supplement existing procedure in trespass cases and to make more effective the right of the United States to bring action for the recovery of compensation and to enable refuge officers to meet the re- sponsibility imposed upon them by law to adequately protect national wildlife refuges. WHEN APPLIED To the extent of available impounding facilities, this regulation will be ap- plied in all cases where the ownership of trespassing animals is known and the owner is indifferent to the Secretary's regulations or to the requests of refuge officers for removal. Likewise, it will be resorted to in cases where ownership of stock is unknown and in cases where the application of other existing pro- cedure is impracticable or ineffective. PROCEDURE In all cases where animals are discovered in trespass, refuge officers will be governed by the following : 1. The ordinary trespass procedure will be followed in all cases where the circumstances justify. 2. Removal of trespassing animals will be accomplished if possible by notify- ing the owner, if known, to remove them within a specified time. 3. Impounding or estray laws of the State may be applied where State officials authorized to execute such laws are willing to function and to apply the State procedure and where such laws are applicable and effective. 4. The impounding procedure may be used both when ownership is known and the owner fails to comply with a request for removal and when ownership is unknown. This procedure, however, should be exercised with care and with due consideration for all interests involved. ADVERTISING If the owner of a trespassing animal is known or can be found by inquiry among local stockmen, or by reference to recorded brands or otherwise, written notice that the animal is in trespass will be given him or his agent, either by personal delivery or by registered mail, and he will be given a reasonable length of time, but not to exceed 4S hours, from the receipt of such written notice to remove the animal from the refuge, except that in cases where substantial damage is evident the animal will be immediately impounded. If. however, any dog is found running at large on the refuge, it may be immediately taken up ond the owner, if ownership can be ascertained, promptly notified to claim it. Upon failure to do so, the refuge officer should proceed as in the case of other animals. When the ownership of an animal is unknown or when there is a chance that an animal of unknown ownership may be gathered, notice of impoundment will be advertised by publication in a newspaper serving the community within or adjacent to the area on which the trespass occurred and by posting such 3 S. R. A.-B. S. T^. * Mimeographed (Bi-1409). B Mimeographed. B. S. 00] ADMINISTRATION OF NATIONAL WILDLIFE REFUGES 7 notice in at least three conspicuous places, one at the county courthouse. Such notices shall state the area on which animals were trespassing, the kinds of animals impounded, and the fact that; they will be offered at public s;ile in default Of redemption by the owners. If all owners of trespassing animals are known and are given written notice, advertising may he dispensed with. Regional directors and officers in charge of refuges are authorized to order the publication of notices iii newspapers by direct transmittal to the publishers of the standard form of advertising order (Form 1053). Such notice shall state when and where the animal was impounded; shall describe it by brand or ear- mark or both, or, in the absence of such distinguishing marks, by such other means as are necessary to identify it: and shall specify when and where it wiil he offered at public sale to the highest bidder in default of its redemption by the owner on or before that date. Ordinarily the advertisement will he inserted but once, and the 15-day period will begin with the date of the issue of the paper carrying it. Copies of the notices will also be mailed to prominent stockmen in the vicinity. In the event an animal the ownership of which is known is found in trespass after the expiration of the 48-hour period from delivery of written notice for its removal, refuge officers will proceed to take it up and impound it and notify the owner in writing, either by personal delivery or by registered mail, that he will be given 5 days within which to pay all costs incident to impound- ing and to remove the animal. If the owner fails to redeem it within the 5-day period specified, public notice of intention to sell at the expiration of 5 days from the date thereof will be given by posting in the post office and in at least one other public place nearest the place of trespass. In all cases the notice will specify the area from which the animal in trespass was removed, will state when and where impounded, will describe it, either by brands and marks or by other means of identification, and specify the time and place it will be sold. Should proof of ownership of impounded animals be presented before the expiration of notice, the owner will be required to pay all expenses incurred in gathering, pasturing or feeding, and advertising, and all other reasonable expenses incident thereto as hereinafter specified. Upon payment of such amounts the animals will be released to the owner. If at a public sale held under the regulation no bid is received, refuge officers are authorized to sell trespassing animals at private sale or, in case no private sale can be made, to dispose of them in the most humane manner possible. No items representing damage on account of any antecedent trespass will be included in the redemption costs. Settlement of expenses incurred in im- pounding, however, will not relieve the owner of obligation for damage on account of antecedent trespass or prevent institution of suit under existing trespass procedure for the collection of such damages. PAYMENTS Payments for redemption and sale of animals will be in the form of a certified check, bank draft, or postal money order (personal checks or cash not accept- able), drawn to the order of the ''Treasurer of the United States. Washington. D. C," and forwarded to the Bureau of Biological Survey accompanied by a letter of transmittal for proper disposition. The letter should show the number of animals involved and whether payment is for impounding charges or proceeds from auction or private sale. In case the animals have been redeemed the letter must contain an itemized statement of impounding charges : if the animals have been sold, it must contain the name and address of purchaser and an itemized statement of the impounding charges and the proceeds of the sale. Payments received in excess of all direct costs (impounding and sale) will be temporarily retained in a special deposit account pending submission of satisfactory proof of ownership by the owner of the trespassing stock. If the owner fails to file the requisite proof within a period of 1 year from the date of sale, appropriate disposition of the funds will he made. CARE OF IMPOUNDED ANIMALS In every case where animals are impounded under this regulation, refuge officers will provide an adequate enclosure with feed and water sufficient to keep them in good condition during the period for which impounded. Extreme care in handling will be necessary to prevent injury or the possibility of owners claiming damages on account of injury resulting from careless handling or on account of the character of the enclosure in which the animals were retained. Refuge officers may incur any necessary expense incident to the impounding 3 BUREAU OF BIOLOGICAL SURVEY [S.R.A. of animals, such expense to be paid from any appropriation available for the purpose. CERTIFICATE OF SALE Upon the sale of any stock impounded under this regulation the Chief of the Bureau of Biological Survey or his authorized representative will issue the following certificate, or bill of sale, to the successful bidder : In accordance with the regulations of the Secretary of Agriculture and the advertise- ments posted at and on 193 , the following-described animals impounded at Refuge, in the State of , were sold at public (private) sale by me on this day of 193 , the owner thereof having failed to redeem them after due notice : Description of animals: This is to certify that , of , was the purchaser of said animals and has paid therefor the sum of dollars ($ ), the receipt of which is hereby acknowledged. (Title) METHOD OF DETERMINING DAMAGE All animals found in trespass will be counted. In all grazing trespass cases the rate to be charged in determining the value of forage consumed will be established by the daily, monthly, or yearly commercial rate prevailing in the locality in which trespass occurs. In the event no commercial rate can be established within the immediate vicinity, the nearest tract or tracts may be used for the purpose. The rates for periods greater or less than the one for which a commercial rate applies will be established as follows : 1. Where a daily rate is established: Monthly rate=daily rate X 30. Yearly rate=monthly rate X 12. 2. Where monthly rate is established: Daily rate=monthly rate^-30. Yearly rate=monthly rateX12. 3. Where yearly rate is established : Monthly rate= yearly rate-Hl2. Daily rate=monthly rate-HSO. In addition to the value of the forage a sufficient amount may be included to cover actual damage to property injured or destroyed. The salary of refuge officers and expenses actually incurred in investigating, reporting, and prosecuting a trespass constitute a less to the Government, for which compensation should be required. LAW PROTECTING WILD ANIMALS, BIRDS AND THEIR EGGS, AND GOVERNMENT PROPERTY ON FEDERAL REFUGES [U. S. Code, Title 18, Criminal Code and Criminal Procedure] Sec. 145. Whoever shall hunt, trap, capture, willfully disturb, or kill any bird or wild animal of any kind whatever, or take or destroy the eggs of any such bird on any lands of the United States which have been set apart or reserved as refuges or breeding grounds for such birds or animals by any law, proclama- tion, or Executive order, except under such rules and regulations as the Secre- tary of Agriculture may. from time to time, prescribe, or who shall willfully injure, molest, or destroy any property of the United States on any such lands shall be fined not more than $500, or imprisoned not more than six months, or both. (Sec. 84, act of March 4. 1900, as amended April 15, 1924, 43 Stat. 9S.) B. S. 90] ADMINISTRATION OF NATIONAL WILDLIFE REFUGES 9 EXTRACTS FROM THE MIGRATORY BIRD CONSERVATION ACT [U. S. Code, Title 10, Conservation] Sec. 715g. That the jurisdiction of the State, both civil and criminal, over persons upon areas acquired under tins Act shall not be affected or changed by reason of their acquisition and administration by the United States as migratory bird reservations, except so far as the punishment of offenses against the United States is concerned. Sec. 715h. That nothing in this Act is intended to interfere with the opera- tion of the game laws of the several States applying to migratory game birds insofar as they do not permit what is forbidden by Federal law. Sec 715i. That no person shall knowingly disturb, injure, or destroy any notice, signboard, fence, building, ditch, dam, dike embankment, flume, spillway, or other improvement or property of the United States on any area acquired under this Act, or cut, burn, or destroy any timber, grass, or other natural growth, on said area or on any area of the United States which heretofore has been or which hereafter may be set apart or reserved for the use of the Department of Agriculture as a game refuge or as a preserve or reservation and breeding ground for native birds, under any law, proclamation, or Execu- tive order, or occupy 'or use any part thereof, or enter thereon for any purpose, except in accordance with regulations of the Secretary of Agriculture ; nor shall any person take any bird, or nest or egg thereof on any area acquired under this Act, except for scientific or propagating purposes under permit of the Secretary of Agriculture; but nothing in this Act or in any regulation thereunder shall be construed to prevent a person from entering upon any area acquired under this Act for the purpose of fishing in accordance with the law of the State in which such area is located: Provided, That such person complies with the regulations of the Secretary of Agriculture covering such area. Sec. 7151. That for the efficient execution of this Act, the judges of the sev- eral courts established under the law of the United States, United States com- missioners, and persons appointed by the Secretary of Agriculture to enforce this Act, shall have, with respect thereto, like powers and duties as are con- ferred by section 5 of the Migratory Bird Treaty Act (title 16, section 706 of the United States Code) upon said judges, commissioners, and employees of the Department of Agriculture appointed to enforce the Act last aforesaid. Any bird, or part, nest or egg thereof, taken or possessed contrary to this Act, when seized shall be disposed of as provided by section 5 of said Migratory Bird Treaty Act. [Powers and duties of enforcement officers are defined by section 5 of the Migratory Bird Treaty Act as follows : Sec 5. That any employee of the Department of Agriculture authorized by the Secretary of Agriculture to enforce the provisions of this act shall have power, without warrant, to arrest any person committing a violation of this act in his presence or view and to take such person immediately for examination or trial before an officer or court of competent jurisdiction ; shall have power to execute any warrant or other process issued by an officer or court of competent jurisdiction for the enforcement of the pro- visions of this act ; and shall have authority, with a search warrant, to search any place. The several judges of the courts established under the laws of the United States, and United States commissioners may. within their respective jurisdictions, upon proper oath or affirmation showing probable cause, issue warrants in all such cases. All birds. or parts, nests, or eggs thereof, captured, killed, taken, shipped, transported, carried, or possessed contrary to the provisions of this act or of any regulations made pursuant thereto, shall, when found, be seized by any such employee, or by any marshal or deputy marshal, and upon conviction of the offender or upon judgment of a court of the United States that the same were captured, killed, taken, shipped, transported, carried, or pos- sessed contrary to the provisions of this act or of any regulation made pursuant thereto, shall be forfeited to the United States and disposed of as directed by the court having jurisdiction.] Sec. 715m. That any person, association, partnership, or corporation who shall violate or fail to comply with any of the provisions of this Act shall be- deemed guilty of a misdemeanor and upon conviction thereof shall be fined not less than $10 nor more than $500. or be imprisoned not more than six months.. or both. (Act of February 18, 1929, 45 Stat., 1222.) 10 BUREAU OF BIOLOGICAL SURVEY [S. R. A.— B. S.90] LAW PROVIDING PUNISHMENT FOR KILLING OR ASSAULTING FEDERAL OFFICERS [U. S. Code, Title 18, Criminal Code and Criminal Procedure] That whoever shall kill, as defined in sections 273 or 274 of the Criminal Code, any United States marshal or deputy United States marshal, special agent of the Federal Bureau of Investigation of the Department of Justice, post-office inspector, Secret Service operative, any officer or enlisted man of the Coast Guard, any employee of any United States penal or correctional institution, any officer of the Customs Service or of the Internal Revenue Service, any immi- grant inspector or any immigration patrol inspector, any officer or employee of the Department of Agriculture designated by the Secretary of Agriculture to enforce any act of Congress for the protection, preservation, or restoration of game and other wild birds and animals, any officer or employee of the National Park Service, any officer or employee of, or assigned to duty in, the field serv- ice of the Division of Grazing of the Department of the Interior, or any officer or employee of the Indian field service of the United States, while engaged in the performance of his official duties, or on account of the performance of his official duties, shall be punished as provided under section 275 of the Criminal Code. Sec. 2. "Whoever shall forcibly resist, oppose, impede, intimidate, or interfere with any person designated in section 1 hereof while engaged in the perform- ance of his official duties, or shall assault him on account of the performance of his official duties, shall he fined not more than $5,000, or imprisoned not more than 3 years, or both; and whoever, in the commission of any of the acts described in this section, shall use a deadly or dangerous weapon shall he fined not more than 810.000. or imprisoned not more than 10 years, or both. (Act of February 8. 1936, 49 Stat. 1105.) ACT REGULATING FIRES ON THE PUBLIC DOMAIN [U. S. Code, Title 18, Criminal Code and Criminal Procedure] Sec. 100. Whoever shall willfully set on fire, or cause to be set on fire, any timber, underbrush, or grass upon the public domain, or shall leave or suffer fire to burn unattended near any timber or other inflammable material, shall be fined not more than 85.000 or imprisoned not more than two years, or both. (Act of March 4. 1909. sec. 52—35 Stat. 1098.) Sec. 107. Whoever shall build a fire in or near any forest, timber, or other inflammable material upon the public domain shall, before leaving said fire, totally extinguish the same : and whoever shall fail to do so shall be fined not more than $1,000 or imprisoned not more than one vear, or both. (Act of March 4, 1909, sec. 53—35 Stat. 1098.) U. S. GOVERNMENT PRINTING OFFICE: 1938 UNIVERSITY OF FLORIDA 3 1262 09218 5387