16 U.S.C. § 395c — Hunting and fishing; general rules and regulations; protection of property; violation of statutes and rules; penalties
submitted 96 years ago by ch. 200 to r/title-16-CONSERVATION · 434 words · no verdicts yet
This law bans hunting and killing wild birds or animals in the park, with a narrow exception for dangerous animals. Fishing is only allowed by hook and line, under the Secretary's rules. Anyone caught with illegal wildlife, or who breaks the park's protection rules, can be fined up to $500 or jailed up to six months.
This section has no lettered subsections; here is the text broken into its separate rules, in order.
Hunting, or killing, wounding, or capturing any wild bird or animal at any time, is banned within the park's limits. There is one exception: dangerous animals may be killed when necessary to stop them from killing people or causing injury. No fish may be taken from the park's waters except by hook and line, and only during whatever seasons, times, and manner the Secretary of the Interior directs.
The Secretary of the Interior must write and publish general rules and regulations for managing and caring for the park, and for protecting park property. These rules must especially protect all timber, natural curiosities, or "wonderful objects" in the park from injury or damage, and must protect the park's animals and birds from being captured, killed, or scared and driven out of the park. The Secretary must also make rules governing how fish can be taken from the park's streams or lakes.
If someone is found inside the park possessing the dead body — or any part of the dead body — of a wild bird or animal, that possession counts as "prima facie evidence," meaning evidence good enough on its face, that the person violated this Act.
Anyone — including a stage, express, or railway company — who knows or has reason to believe that an animal, bird, or fish was taken or killed against this Act's rules, and who receives it for transportation, is guilty of a misdemeanor. So is anyone who violates any provision of this Act, or any rule the Secretary makes about managing the park, protecting its property, preserving timber and natural curiosities, protecting animals, birds, or fish, or who willfully damages, injures, or destroys any building, fence, hedge, gate, guidepost, tree, wood, underwood, timber, garden, crops, vegetables, plants, land, springs, natural curiosities, or anything else growing or located in the park. Anyone found guilty faces a fine of up to $500, or jail for up to six months, or both — and must also pay all the costs of the legal proceedings.
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 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 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 willfully 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.
Source credit: (Apr. 19, 1930, ch. 200, § 4, 46 Stat. 227.)
- 1930Enacted · Act of Apr. 19, 1930, ch. 200 · 46 Stat. 227
A history note hasn’t been published yet. The record shows enactment by ch. 200 on 1930-04-19.
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