16 U.S.C. § 26 — Regulations for hunting and fishing in park; punishment for violations; forfeitures

submitted 132 years ago by ch. 72 to r/title-16-CONSERVATION · 547 words · no verdicts yet

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Hunting and killing wild birds or animals is banned in the park, except to stop a dangerous animal from hurting someone, and fishing is limited to hook and line under rules the Secretary of the Interior sets. The Secretary can also make rules to protect the park's timber, minerals, natural features, and wildlife. Violators face fines up to $500, up to six months in jail, and forfeiture of the guns, traps, and vehicles they used.

Hunting, or killing, wounding, or capturing any bird or wild animal in the park, at any time, is banned — except when it's necessary to stop a dangerous animal from destroying human life or causing injury. No fish may be taken from the park's waters using seines, nets, traps, drugs, or explosives, or by any method except hook and line — and even hook-and-line fishing is only allowed during the seasons and times the Secretary of the Interior directs. The Secretary of the Interior must make and publish rules to manage and care for the park and protect its property, especially to preserve its timber, mineral deposits, natural curiosities, and other notable features from injury or damage; to protect its animals and birds from being captured, killed, frightened, or driven from the park; and to govern how fish are taken from the park's streams and lakes. If someone is found with the dead body, or any part of it, of a wild bird or animal from the park, that is automatic ("prima facie") evidence that they violated this Act. Any person, stagecoach or express company, or railway company that receives for transportation any animal, bird, or fish killed, taken, or caught illegally in the park is guilty of a misdemeanor and can be fined up to $300 for each offense. Anyone found guilty of violating this Act, or any rule the Secretary of the Interior makes about managing the park, protecting its property, preserving its timber, minerals, or natural features, or protecting its animals, birds, and fish, is guilty of a misdemeanor. They can be fined up to $500, imprisoned up to six months, or both, and must pay all costs of the proceedings. Any guns, traps, teams, horses, or other means of transportation used by someone while killing, trapping, ensnaring, or capturing wildlife within the park are forfeited to the United States. Park officers may seize this property and hold it while the person is prosecuted. If that person is convicted, the forfeiture is imposed as an added penalty, on top of any other punishment under this Act. The Secretary of the Interior decides how the forfeited property is disposed of and accounted for.

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

All hunting, or the killing, wounding, or capturing at any time of any bird or wild animal, except dangerous animals, when it is necessary to prevent them from destroying human life or inflicting an injury, is prohibited within the limits of said park; nor shall any fish be taken out of the waters of the park by means of seines, nets, traps, or by the use of drugs or any explosive substances or compounds, or 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. The Secretary of the Interior shall make and publish such 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 all timber, mineral deposits, natural curiosities, or wonderful objects within said park; and for the protection of the animals and birds in the park, from capture or destruction, or 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 the 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, receiving for transportation any of the said animals, birds, or fish so killed, taken, or caught shall be deemed guilty of a misdemeanor, and shall be fined for every such offense not exceeding $300. Any person found guilty of violating 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 timber, mineral deposits, natural curiosities, or wonderful objects within said park, or for the protection of the animals, birds, and fish in the said park, shall be deemed guilty of a misdemeanor, and shall be subjected 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.

All guns, traps, teams, horses, or means of transportation of every nature or description used by any person or persons within said park limits when engaged in killing, trapping, ensnaring, or capturing such wild beasts, birds, or wild animals shall be forfeited to the United States, and may be seized by the officers in said park and held pending the prosecution of any person or persons arrested under charge of violating the provisions of this Act, and upon conviction under this Act of such person or persons using said guns, traps, teams, horses, or other means of transportation such forfeiture shall be adjudicated as a penalty in addition to the other punishment provided in this Act. Such forfeited property shall be disposed of and accounted for by and under the authority of the Secretary of the Interior.

Source credit: (May 7, 1894, ch. 72, § 4, 28 Stat. 73; June 28, 1916, ch. 179, 39 Stat. 238.)

history & why it existsrecord from the source credit

1894Enacted · Act of May 7, 1894, ch. 72 · 28 Stat. 73
1916Amended · Act of June 28, 1916, ch. 179 · 39 Stat. 238

A history note hasn’t been published yet. The record shows enactment by ch. 72 on 1894-05-07.

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