16 U.S.C. § 117c — Hunting and fishing; general rules and regulations; protection of property; violation of statutes and rules; penalties

submitted 98 years ago by ch. 434 to r/title-16-CONSERVATION · 554 words · no verdicts yet

in plain englishAI-generated · not legal advice

This law bans hunting or killing wild birds and animals in the park, except dangerous ones threatening people. Fishing is allowed only by hook and line, under rules the Secretary of the Interior sets. Breaking these rules, or disturbing ancient ruins and relics, can bring fines or jail time.

Hunting and killing. This law bans all hunting, killing, wounding, or capturing of wild birds and animals inside the park at any time. The only exception is for dangerous animals, and only when it's necessary to stop them from killing or injuring people. Fishing. No one may take fish out of the park's waters except by hook and line. Even then, fishing is only allowed during the seasons, times, and in the manner that the Secretary of the Interior directs. Secretary's rulemaking power. The Secretary of the Interior must write and publish general rules for managing and caring for the park and protecting its property. These rules must especially aim to preserve the park's ancient ruins, relics, and works from prehistoric or early peoples, along with its timber, natural curiosities, and other remarkable features. The rules must also protect the park's animals and birds from being captured, killed, or scared away, and must govern how fish are taken from the park's streams and lakes. Evidence rule. If someone is found inside the park with the dead body - or any part of it - of a wild bird or animal, that possession is treated as strong ("prima facie") evidence that the person broke this law. Transporting violations. Anyone - including a stagecoach, express, or railway company - who knows or has reason to believe that animals, birds, or fish were caught in violation of this law, and who accepts them for transport, is also breaking the law. General penalty. Anyone who violates this Act, or any rule the Secretary makes for managing the park, protecting its property, preserving its ancient ruins and relics, or protecting its timber, curiosities, animals, birds, or fish, is guilty of a misdemeanor. So is anyone who damages, injures, or destroys any building, fence, hedge, gate, guidepost, tree, wood, timber, garden, crops, vegetables, plants, land, springs, natural curiosities, or anything else growing or located in the park. The penalty is a fine of up to $500, up to six months in jail, or both, plus paying all costs of the case. Enhanced penalty for disturbing ruins. Anyone who - without the Secretary's permission - willfully removes, disturbs, destroys, or interferes with the park's ruins, mounds, buildings, graves, relics, or other evidence of an ancient civilization faces a harsher penalty upon conviction: a fine of up to $1,000, up to twelve months in jail, or both, at the judge's discretion. That person must also be ordered to restore the property they disturbed, if that's possible.

the actual law source: uscode.house.gov ↗public domain

All hunting or the killing, wounding, or capturing at any time of any wild bird or animal, except dangerous animals when it is necessary to prevent them from destroying human lives or inflicting personal injury, is prohibited within the limits of said park; nor shall any fish be taken out of the waters of the park in any other way than by hook and line, and then only at such seasons and in such times and manner as may be directed by the Secretary of the Interior. That the Secretary of the Interior shall make and publish such general rules and regulations as he may deem necessary and proper for the management and care of the park and for the protection of the property therein, especially for the preservation from injury or spoliation of the ruins and other works and relics of prehistoric or primitive man, all timber, natural curiosities, or wonderful objects within said park, and for the protection of the animals and birds in the park from capture or destruction, and to prevent their being frightened or driven from the park; and he shall make rules and regulations governing the taking of fish from the streams or lakes in the park. Possession within said park of the dead bodies, or any part thereof, of any wild bird or animal shall be prima facie evidence that the person or persons having the same are guilty of violating this Act. Any person or persons, or stage or express company, or railway company, who knows or has reason to believe that they were taken or killed contrary to the provisions of this Act and who receives for transportation any of said animals, birds, or fish so killed, caught, or taken, or who shall violate any of the provisions of this Act or any rule or regulation that may be promulgated by the Secretary of the Interior with reference to the management and care of the park or for the protection of the property therein, for the preservation from injury or spoliation of the ruins and other works and relics of prehistoric or primitive man, and timber, natural curiosities, or wonderful objects within said park, or for the protection of the animals, birds, or fish in the park, or who shall within said park commit any damage, injury, or spoliation to or upon any building, fence, hedge, gate, guidepost, tree, wood, underwood, timber, garden, crops, vegetables, plants, land, springs, natural curiosities, or other matter or thing growing or being thereon or situated therein, shall be deemed guilty of a misdemeanor and shall be subject to a fine of not more than $500 or imprisonment not exceeding six months, or both, and be adjudged to pay all costs of the proceedings: Provided, however, That any person or persons who may, without permission from the Secretary of the Interior, in any manner willfully remove, disturb, destroy, or molest any of the ruins, mounds, buildings, graves, relics, or other evidences of an ancient civilization from said park shall upon conviction before any court having jurisdiction of such offenses be fined not more than $1,000 or imprisoned not more than twelve months, or such person or persons may be fined and imprisoned, at the discretion of the judge, and shall be required to restore the property disturbed, if possible.

Source credit: (Apr. 25, 1928, ch. 434, § 4, 45 Stat. 459.)

history & why it existsrecord from the source credit

1928Enacted · Act of Apr. 25, 1928, ch. 434 · 45 Stat. 459

A history note hasn’t been published yet. The record shows enactment by ch. 434 on 1928-04-25.

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