16 U.S.C. § 408k — Hunting and fishing; general rules and regulations; protection of property; violation of statutes or rules; penalties

submitted 84 years ago by ch. 150 to r/title-16-CONSERVATION · 450 words · no verdicts yet

in plain englishAI-generated · not legal advice

This law bans hunting or killing wild birds and animals in Isle Royale National Park. An exception allows killing dangerous animals that threaten people. Fishing needs the Secretary's rules, and breaking any rule is a misdemeanor with fines or jail time.

This section bans hunting, killing, wounding, or capturing wild birds or animals anywhere in the park. The only exception is killing a dangerous animal to stop it from harming or threatening to harm a person. No fish may be taken from the park's waters except at the times and in the manner the Secretary of the Interior directs. The Secretary must issue and publish general rules for managing and caring for the park. These rules must protect the park's property — especially timber, minerals, natural curiosities, and other notable features — from injury or theft. The rules must also protect the park's animals and birds from being captured, killed, or scared away. If someone is found in the park possessing the dead body (or any part) of a wild bird or animal, that is enough evidence on its own ("prima facie evidence") that they broke this law. It's illegal for any person, stagecoach or express company, railway, or other transportation company to knowingly (or with reason to believe) transport wild birds, fish, or animals taken illegally under this law. It's also illegal to otherwise violate this law's rules about managing the park, protecting its property, or protecting its animals, birds, and fish — including damaging or destroying any building, fence, sign, hedge, gate, guidepost, tree, timber, garden, crops, plants, land, springs, minerals, or natural curiosities in the park. Anyone who breaks this law is guilty of a misdemeanor. The punishment is a fine of up to $500, up to six months in jail, or both — plus the person must pay the costs of the legal proceeding.

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, except 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 waters 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: (Mar. 6, 1942, ch. 150, § 3, 56 Stat. 133.)

history & why it existsrecord from the source credit

1942Enacted · Act of Mar. 6, 1942, ch. 150 · 56 Stat. 133

A history note hasn’t been published yet. The record shows enactment by ch. 150 on 1942-03-06.

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