16 U.S.C. § 403h–3 — Hunting, fishing, etc.; rules and regulations; protection of property; penalties for violating laws and rules

submitted 84 years ago by ch. 264 to r/title-16-CONSERVATION · 463 words · no verdicts yet

in plain englishAI-generated · not legal advice

This law bans hunting in the park, except to stop a dangerous animal from hurting someone. Fishing is allowed only by hook and line, under rules the Secretary of the Interior sets. Breaking these rules, or damaging park property, is a misdemeanor punishable by a fine up to $500, up to six months in jail, or both.

You cannot hunt, kill, wound, or capture any wild bird or animal in the park at any time. The only exception is a dangerous animal that must be stopped from killing or badly injuring a person. You cannot take fish out of the park's waters except by hook and line, and only during the seasons, times, and manner the Secretary of the Interior sets. The Secretary of the Interior must write and publish general rules for managing and caring for the park. These rules must protect park property — especially timber, mineral deposits, natural curiosities, and "wonderful objects" — from injury or theft. They must also protect the park's animals and birds from being captured or killed, and from being frightened or driven out of the park. The Secretary must also make rules for taking fish from the park's streams and lakes. If you are caught in the park holding the dead body (or any part) of a wild bird or animal, that counts as "prima facie evidence" against you — meaning it is treated as proof you broke this law unless you show otherwise. Anyone — including a person, a stage or express company, or a railway or other transportation company — who knows, or has reason to believe, that a bird, fish, or animal was illegally taken or killed, and who transports its dead body or any part of it, is guilty under this law. So is anyone who breaks any other rule the Secretary makes about managing the park, protecting its property, timber, minerals, natural curiosities, or "wonderful objects," or protecting its animals, birds, and fish. It is also a crime to damage, injure, or destroy any building, fence, sign, hedge, gate, guidepost, tree, wood, timber, garden, crops, vegetables, plants, land, springs, mineral deposits, natural curiosities, or anything else growing or located in the park. Breaking this law is a misdemeanor. The punishment is a fine of up to $500, up to six months in jail, or both — plus the cost of the court case.

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 any of the waters of the said park, in any other way than by hook and line, and then only at such seasons and at such times and in such manner as may be directed by the Secretary of the Interior. 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, 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, and to prevent their being frightened or driven from the said park; and he shall make rules and regulations governing the taking of fish from the streams or lakes in the said 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, stage or express company, railway or other transportation company, who knows or has reason to believe that such wild birds, fish, or animals were taken or killed contrary to the provisions of this Act or the rules and regulations promulgated by the Secretary of the Interior, and who receives for transportation the dead bodies or any part thereof of the wild birds, fish, or animals so taken or killed, or who shall violate any of the other provisions of this Act, or the rules and regulations, with reference to the management and care of the said 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 said park, or who shall within said park commit any damage, injury, or spoliation to or upon any building, fence, sign hedge, gate, guidepost, tree, wood, underwood, timber, garden, crops, vegetables, plants, land, springs, mineral deposits, 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 the costs of the proceedings.

Source credit: (Apr. 29, 1942, ch. 264, § 3, 56 Stat. 259.)

history & why it existsrecord from the source credit

1942Enacted · Act of Apr. 29, 1942, ch. 264 · 56 Stat. 259

A history note hasn’t been published yet. The record shows enactment by ch. 264 on 1942-04-29.

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