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S. R. A.-B. S. 90 Issued January 1938
United States Department of Agriculture
BUREAU OF BIOLOGICAL SURVEY
SERVICE AND REGULATORY ANNOUNCEMENTS
LAWS AND REGULATIONS FOR THE ADMINISTRATION
OF NATIONAL WILDLIFE REFUGES
Regulations for the administration of national wildlife refuges under the juris-
diction of the Bureau of Biological Survey--------------------------------- 1
Instructions by the Chief, Bureau of Biological Survey, to officers in charge of
national wildlife refuges relative to impounding trespassing animals------------- 6
Law protecting wild animals, birds and their eggs, and Government property on
Federal refuges----------------------------------------------------------- 8
Extracts from the Migratory Bird Conservation Act------------:----------------- 9
Law providing punishment for killing or assaulting Federal officers--------------- 10
Act regulating fires on the public domain-------------------------------------- 10
REGULATIONS FOR THE ADMINISTRATION OF NATIONAL WILDLIFE
REFUGES UNDER THE JURISDICTION OF THE BUREAU OF BIO-
[Issued by the Secretary of Agriculture November 23, 1937; effective November 24, 1937-
2 F. R. 2954]
Regulation 1-Definition of Terms
For the purpose of these regulations the following terms shall be construed,
respectively, to mean and to include-
Secretary.-The Secretary of Agriculture of the United Stntes.
Chief of Bureau.-The Chief of the Bureau of Biological Survey, United
States Department of Agriculture.
Regional, dircctor.-Regional director of the Bureau of Biological Survey,
United States Department of Agriculture.
Refuge.-Refuges, preserves, ranges, reservations, or breeding grounds under
the administration of the Secretary of Agriculture.
Take.-Molest, pursue, hunt, shoot, kill, trap, capture, or collect, or attempt
to molest, pursue, hunt, shoot, kill, trap, capture, or collect, by any means or
in any manner.
Person.-The plural or singular, as the case demands, of individuals, clubs,
associations, partnerships, or corporations, unless the context otherwise requires.
Officer in charge.-Refuge manager, assistant refuge manager, United States
reservation protector, superintendent, deputy, or the authorized representative
of any such officer.
1 These regulations, except regulations 15, 16, and 17 which are general in scope, are
not applicable to the Wichita Mountains Wildlife Refuge, Okla.; the Upper Mississippi
River Wildlife and Fish Refuge, Minn., Wis., Iowa, and Ill.; the Bear River Migratory
Bird Refuge, Utah; and the Aleutian Islands and Nunivak Island Refuges, Alaska.
Regulations for the foregoing are issued separately, under the dates given, as follows:
Wichita Mountains Wildlife Refuge, S. R. A.-B. S. 85, February 1937; Upper Mississippi
Refuge, S. R. A.-B. S. 80, December 1934: Bear River Refuge, mimeographed September
28, 1932. amended October s a ds Refuge, S. R. A.-B. S.
74, March 1931; Nunik'a Island NMI phed. Ma 12, 1933, Bi-1285. Reg-
ulations for the admibistratioifjClF i"+ she in conjunction with the
organization of grazing dister "e Taylor Grazin Act are contained in S. R. A.-
B. S. 86, issued April 1f37. .
2 BUREAU OF BIOLOGICAL SURVEY [S. R.A.
Wildlife.-Wild mammals, birds, fishes, and other vertebrates, including nests
Bi'-f (ic mean imalx.-Buffalo, moose, caribou, elk, deer, bighorns or mountain
sheep, mountain goats, antelope, bears, peccaries, and for the purpose of these
regulations, wild burros and wild horses.
Wild fJimc birds.-All migratory and upland game birds.
Regulation 2-Entry Upon Refuges
Entry upon refuges unless othe(rw-ise provided shall 1e only under appro-
priate permit issued for the purpose, but permits will not be required of any
For admission to the headquarters of the officer in charge when made by the
usual line of travel;
For :access to any part of a refuge by a person who is accompanied by the
officer in charge;
For access to any part of a refuge by an authorized employee of the Depart-
ment of Agriculture;
For entry and temporary use for recreational or other appropriate purposes
of a camp site or other area specifically designated for the use of the public 1by
the Chief of Bureau under such conditions as he shall prescribe so long as such
ulse and occupancy do not interfere with the objects for which the refuge is
For fishing or the taking of wildlife when by appropriate order the Secretary
shall specifically authorize such action without permit.
Fishing will be allowed on refuges acquired under the Migratory Bird Con-
servation Act, and on such areas in other refuges as may be designated for the
purpose from time to time by order of the Secretary, but it shall be conducted
in accordance with the laws of the State in which situated and in a manner
that will not interfere with the objects of the refuge. Permits, valid during
the period stated therein, for fishing on any such refuges or areas shall be
issued by the officer in charge unless the Secretary by order shall authorize
fishing without permit.
Regulation 4-Specimens for Scientific, Exhibition, Restocking, or Propagating
Specimens of plant and animal life or other natural objects on any refuge,
including the nests and <,gs of birds, may be taken for scientific, exhibition,
restocking, or propagating purposes under special permit issued by the Secretary
and countersigned by the Chief of Bureau, but no such permit shall be deemed
to authorize the taking, possession, transportation, or sale of any wildlife, or of
the nests or eggs of birds, contrary to State or Federal law.
Regulation 5-Scientific Studies
Entry upon a refuge for scientific study, for taking photographs, or for
other like purpose, when not inconsistent with the objects for which the refuge
was created, may be allowed under permit issued by the officer in c(-harge.
Regulation 6-Removal of Injurious Objects
The removal of injurious aiimal life or other objects on any refuge and
the disposition thereof in accordance with law and regulations and the orders
of the Secretary shall be made by or under direction of the Chief of Bureau.
Regulation 7-Domestic Animals
The ranging of cattle or other domestic stock or the running at large of
dogs or cats upon a refuge or the entry of any such animals upon a refuge,
for any purpose except as specifically authorized under these regulations is not
B. S. t01 ADM.IINISTI' IION OF NATIONAL WVILDL)II"Ii :I :I *GI:S 3
Regulation 8-Economic Utilization of Resources
Permits to graze li's.t!.., to l .-irvest Ihay or stork feed, to remove timber,
firewood, or other spolt;inte'is products of the siil, or shells, -::zid. or r;av'l,
to occ'lupy or c1 ltivate are:is, to occupy ri.de.(,c- or other buililiiL:-. to i-,'
any inateria;l of (cillImercial value, or to make other i-(t of tlie ('refi-. li it
inconsistent. with its objects may be issi(ed by the Chief of IBure(i u or hie
regii a l director of the region in which thlie ref-':. is located u1)on s1uh erms
and at s.cli rates of charge. if any, as may be ;i.,rtniied land deermii(ed lby
the Chief of Bureau or the regiiil director to be o'mmllelnurate wifh the
value of the privilege grnlited by scli1 permit. Any d,,mi(,e-tic animal l that ini y
die on the refuge slIall be buried immediately by the owner, or by lv e pie -'i-n
having it in chl-irge, at least 2 feet iderground and not less thii;n oei.-fourthii
mile from a roiad, trail, highway, camp site, or occupied arecit, as directed by
the officer in charge.
Regulation 9-Hunting and Trapping
The taking, of wildlife on refuLe-. when in accordance with the lpr,,vi-iins
of applicable Federal and State laws and undtler such conditions as the S.t,-ii.ary
may prescribe, will be :allioted only within such areas as nmay be d-iciiated for
the purpose by order of the Secretary, and, unle-,:s otherwise p)rovi'ld in ille
order, under permit issued by the officer in charge, but no birds may be taken
on any refuge acquired under the Migratory Bird Co.nservation Act.
Regulation 10-Official Operations Excepted
These regulations shall not be construed to forbid or interfere with official
operations within refugee, by employees or agents of other delpartments or
bureaus of'the Government for the use of which the refuges, or 1);arts thereof
have also been appropriated or designated.
Regulation 11-Private Operations and Advertising
No person shall engage in or solicit any busine,-, or erect or occupy buildings
within any refuge without a permit issued by the Chief of Bureau or by the
regional director of the region in which the refuge is located and then only
upon such conditions and at such rates of charge, if any, as may be ascertained
and determined by the Chief of Bureau to be appropriate. Private notices or
advertisements may not be posted, distributed, or displayed within the bound-
aries of any refuge, except that this prohibition shall not apply to names,
addresses, and busine.-s designations of a permanent nature regularly carried
on trucks, business automobiles, or other vehicles.
Carrying, possessing, or discharging firearms on any refuge is not permitted.
except that the officer in charge and other employees of the DI.'1;rtment of
Agriculture engaged in predator or rodent control and Federal or State officials
engaged in law enforcement nmay carry and use firearms on refuges in the
performance of official duties. Persons authorized by permit of the S.creta ry,
countersigned by the Chief of Bureau, to take -liecimens of wildlife for -, cientific
purposes on any refuge may use firearms when necessary in collect ing such
specimens; and under permit of the Chief of Bureau firearms ma.-y be possessed
or used on refuges for such special purposes as may be specifically authorized
in such permit. Persons crossing any refuse may carry or transport uinloaded.
dismantled, or cased firearms over regularly established routes of travel.
Regulation 13-Disorderly Conduct
Disturbance of the peace or other disorderly conduct is prohibit(ed at all
times on all refuges, and no intoxicated person will be permitted to enter or
be upon any refuge. Violation of this regulation sh:all invalidate the original
permission accorded the offender to enter and be upon the refuge, and he shall
leave the refuge as directed by the officer in charge, or, failing to do so, his
presence on the area after such notice or direction shall constitute a continuous
trespass for the purpose of the enforcement of these regulations and will sub-
ject him to eviction from the refuge or to arrest- and prosecution, or both.
BUREAU OF BIOLOGICAL SURVEY
Regulation 14-Preservation of Public Property and Natural Features
The destruction, injury, defacement, removal, or disturbance in any manner
of any building, notice, sign, signboard, equipment, fence, post, road, trail,
dike, dike embankment, dam, bridge, fireplace, grate, table, bench, camp equip-
ment, or any other public property of any kind; or of any tree, flower, vegeta-
tion, rock, or suil; or of any animal, bird, or other form of wildlife is prohibited,
except as otherwise provided.
Regulation 15-Introducing Extralimital Wildlife
Live mniamminals, birds, fishes, frogs, snakes, or turtles taken elsewhere shall
not be introduced, liberated, or placed on any refuge unless authorized by the
Chief of Bureau by permit or otherwise.
Regulation 16-Impounding of Animals2
Domestic livestock and dogs trespassing on a refuge may be impounded by
the officer in charge. If the owner is known, prompt written notice of the
impounding will be served upon him and in the event of his failure to remove
the impounded animal within 5 days from delivery of such notice it will be sold
or otherwise disposed of as hereinafter prescribed. If the owner is unknown, no
sale or other disposition of the animal shall be made until at least 15 days have
elapsed from the date that a notice of the impounding is first published in a
newspaper of general circulation in the county in which the trespass occurs and
posted at the county courthouse. Regional directors and officers in charge of
refuges are hereby authorized to order the publication of such notices in news-
papers by direct transmittal to the publisher of the standard form of advertising
order approved by the Comptroller General. The notice shall state when and
where the animal was impounded, shall describe it by brand or earmark or both,
or, in the absence of such distinguishing marks, by such other means as are
necessary to identify such animal, and shall specify the time and place it will be
offered at public sale to the highest bidder in default of redemption by the
owner on or before that date. Prior to such sale the owner may redeem the
animal by submitting proof of ownership and paying all expenses incurred by
the United States for gathering, advertising, pasturing, feeding, and impounding.
Upon the sale of any animal in accordance with this regulation, the Chief of
Bureau or his authorized representative shall issue a certificate of sale. If an
animal impounded under this regulation is offered at public sale and no bid is
received, it may, in the discretion of the Chief of Bureau, or the regional direc-
tor, be sold at private sale or be condemned and destroyed.
In all livestock trespasses on wildlife refuges the value of the forage consumed
will be computed at the daily, monthly, or yearly commercial rates prevailing in
the locality for the class of livestock found in trespass.
In addition to the damages to wildlife refuge property injured or destroyed,
and in order to compensate the United States fully for any loss resulting from
trespass by livestock, a charge may be made and added to the value of the
forage consumed, which shall include the pro rata salary of refuge officers for
the time spent and the expenses incurred in and about the investigations, reports,
and prosecution of the case.
Regulation 17-Sale of Surplus Animals and Products
Within the limitations of the act of June 15, 1935, 49 Stat. 383, the following
conditions and requirements are prescribed governing the sale or other disposi-
tion of wildlife, including long-horned cattle, wild burros, and wild horses, and
hay, timber, grass, or other spontaneous products of the soil that may become
surplus to refuge needs or requirements:
Big-game animals and long-horned cattle.-The Chief of Bureau shall from
time to time determine the number of surplus big-game animals, including long-
horned cattle, in the respective herds on fenced big-game refuges under his
administration and, upon submitting lists of such animals to the Secretary, shall
announce them for sale for propagation, restocking, exhibition, or food, in ac-
cordance with such schedule of prices as may be prescribed from time to time by
order of the Secretary and under such conditions as the Chief of Bureau may
2 Instructions for the guidance of refuge officers regarding the impounding of tres-
passing animals will be found on p. 6.
[S. R. A.
B.S. 90 ADMINISTRATION OF NATIONAL WILDLIFI'E I-.l:FULGES 5
impose for the safeguarding of the G ,vernmenlt's interests. In Hle sale of such
animals preference shall be given to applications for purchase alive for propaga-
tion, restocking, or exhibition: Pronid 4. That in the discretion of the Chief of
Bureau surplus animals may be exchanged for like or other species or they muy
be donated or loaned to State, county, city, or municipal zoos, parks. or 1z;iuue
preserves, or to private institutions for )'propagation, restocking, or cxlhibition,
the recipients to pay expenses incid('nt to the capture, crating, removal, and
transportation of such animals as the Chief of Bureau shall direct.
Surplus animals not disposed of as hereinbefore provided miay be transferred
to an Indian Agency or other Federal service on applications therefore by such
agency or service, for restocking, propagation, or food, said :gei ,y or .-ervice
to pay all expenses incident to the capturing or butchering of the aiiiimals -,and
their removal and transportation from the refuge.
Substandard animals, carcasses of animals accidentally killed or inj ured, and
hides, heads, horns, or other parts of such animals may be disposed of at public
or private sale in the discretion of the Chief of Bureau, at the best price
Fur-bearing animals.-Under the direction of the Chief of Bureau, fur-bearing
animals surplus to refuge needs and requirements or the disposal of which is,
essential to the maintenance of a balanced wildlife population and management
program may be taken and exchanged, sold or donated, to any State or county
for restocking or propagation, or they may be trapped and the pelts thereof sold
in the open market at the prevailing market price; but the Chief of Bureau
may, if consistent with refuge administration, extend public trapping privileges
on such refuge, giving preference to local residents of the county or counties in
which the refuge is situated, subject to State trapping laws and regulations
and to such regulations, conditions, and rates of charge, if any, as the Secretary
by order may prescribe, and, unless otherwise provided in the order, under
permit issued by the officer in charge.
Wild burros and wild horses.-Wild burros and wild horses existing on wild-
life refuges surplus to refuge needs and requirements, or the dispo.-al of which
is essential to the maintenance of a balanced wildlife population, may be dis-
posed of by private or public sale at the best price obtainable.C, or they may be
otherwise disposed of in the discretion of the Chief of Bureau.
Wild game birds.-Wild game birds, including migratory and upland species,
propagated, introduced, or maintained on refuges surplus to refuge needs or
requirements, or the disposal of which is essential to the maintenance of a bal-
anced population, may be disposed of in such manner and under such condi-
tions as the Chief of Bureau may determine to be appropriate.
Hay, grass, timber, and other produicts.-Haly, grass, timber, or other spon-
tanieous products of the soil produced on any refuse surplus to refuge needs
and requirements may be sold by the Chief of Bure;au, preference being given to
local residents of the county or counties in which the refuge is situated, at
prevailing market prices for such products in the locality where produceed.
Whenever in the opinion of the Chief of Bureau or the regional dir'-,tor it
shall be advnatage.iis to the United States, he may, in his dis-v. tion, enter into
cooperative agreements with officials, orga iiizatioI.:. as-o,,iiations, and indi-
vi(luals for the cultivation of lands of the United States within refi'-,. wherly
specified arens of grain, hay, or tith(er feed and cover for wildlife will be allowed
to remain on the refuge in lieu of further c'-nsil-rntion for such a-rrc'n iits
Regulation 18-Application for Permits
Applications for p,-rmits. shall be made in writing and s1,ill 1,,, addre-'-,il to
the regional director of the, Bure'lu of Biologinal Survey of the r'.2ion in whic-h
the refuge is sitimnttd or to the offerr in c.hirge of the refuge, wl.-,p the p.'viit-
are authorized to be issued by sur-.h ,dflcers; otherwise to the Cl:i.f. Bureau
of Biological Suirvt-y, Washington, D. C.
Regulation 19-Exhibition and Revocation of Permits
The hLulder of a permit authorizing him to l'e upon a r. f,'_',' sl,.ill exhibitt
it at any reasonable time upon reqic:.-t of any officer or ('ii.,y.' of the
Department of Agiicultiure ,.ija_ ,.d in the aIlnIii-tration or ,i.o, .,.n It ,.t '
laws or r-.ulati.ns applicable to the ri'ft'itc and shall furnhisli -,.li further in-
formition as to his identification as l;i;iy be required 1,y s,:;,!i vr r or enmiplyee.
A permit may be terminated at any time by n--reenient tweeiin the ,fii.,r in
charge and the permit te; it may be revoked by the Chief of Bureau or by the
BUREAU OF BIOLOGICAL SURVEY
reitiial director whi; iss.ied it for nonicomplianhce with the terms thereof or
of tilese regu--lations. fur noiniset0, or for violation of any law, regulation, or
order applicable to the reftLige, or for violation of any Sttile or Federal law
lprwtcti wildlife or the ne-sts or e,'gs of birds; and it is subject at all times
to dis -retioinary revocation by the Secretary.
ThIesi regulaticiis .-iilier'ede the regulations of the Secretary of Agriculture
of -MA;iy 7, 1930,3 for the administration of Federal wildlife refuges, and the
re-I ilations of the Secretary of Oct0,hoer 5, 1935, relating to the impounding of
animals. and of Octo4Lcr 14, 1)3lt,5 relating to the disposal of surplus big-game
INSTRUCTIONS BY THE CHIEF, BUREAU OF BIOLOGICAL SURVEY, TO
OFFICERS IN CHARGE OF NATIONAL WILDLIFE REFUGES RELA-
TIVE TO IMPOUNDING TRESPASSING ANIMALS
OBJECT OF REGULATION
Regulation 16 (p. 4) is designed to supplement existing procedure in trespass
cases and to make more effective the right of the United States to bring action
for the recovery of compensation azid to enable refuge officers to meet the re-
spon.silliity imipo-ed uponL them by law to adequately 1)rotect national wildlife
To the extent of available impoiniding facilities, this regulation will be ap-
Ilied in all cases where the ownership of tresl)ass.ing animals is known and the
owner is indifferent to the Secretary's regulations or to the requests of refuge
officers for removal. Likewise, it will be resorted to in cases where ownership
of stock is unknown and in cases. where the application of other existing pro-
cedure is impracticable or ineffective.
In all cases where animals are discovered in trespass, refuge officers will be
governed by the following:
1. The ordinary trespass procedure will be followed in all cases where the
2. Removal of trespassing animals will be accomplished if possible by notify-
ing the owner, if known, to remove them within a specified time.
3. Impo idiin or stray laws of the State may be applied where State officials
authorized to execute such laws are willing to function and to apply the State
procedure and where such laws are applicable and effective.
4. The impounding procedure may be used both when ownership is. known
and the owner fails to comply with a request for removal and when ownership
is unklmown. This procedure, however, should be exercised with care and with
due consid-ration for all interests involved.
If the owner of a trespa'sini animal is known or can be found by inquiry
among local stockmen, or by reference to recorded brands or otherwise, written
notice that the animal is in tre-lia-,s will li. given him or his agent, either by
personal delivery or by registered mail, and he will be given a reasonable length
of time, but not to exceed 48 hours, from the receipt of such written notice to
remove the flalinal from the refuse, except that in eases where substantial
damage is evident the animiial will be immediately impounded. If, however, any
d i, is found running at large on the refuge, it may be immediately taken up
and the owner, if ownerl.ip can be as-certanied, promptly notified to claim it.
Upon failure to do so, the refuge officer should proceed as in the case of other
When the owner.-rip of an animal is unknown or when there is a chance
that an animal of unknown ownershipp may be gathered, notice of impoundment
will be advertised by ptbl)lication in a newspaper serving the community within
or adjacent to the area on which the trespass occurred and by posting such
SS. R. A.-B. S. 73.
4 Mirme,.crnpheid (Bi-1409).
[S. R. A.
B. S. 901 Al\)MIN I ST. ATIO(N OF NATIONAL W'ILDLIFE IIRLF UGI':S 7
notice in at Ihest three cOl.nsliciuiol i plaei,'-, lit, at the county coUl'thol-,. S.h.
notice.,s shall site the area on which aliimsiiia- were tre:pal-iii,. tihe kinds of
anlliillials. impounded, and tlhe fa.t Ilintt; tllhey will be offered at public -.ile i'i
(defatult of redemption by the owners. If all owi.ers of 1 i'-i:i.4sing a Iii iiia-,
are known and aire given] written notice, advertising aniny be dispcii-eld \\wili.
Regional directors and oiflic.,rs in clihrgl of reftii'.s are authIr'ilz' d to order
the publldicttion of notices. in news\llp.rs bly direct tra ii:-inittal to the puldli-lieor-
of the standard form of advertising order (Form 1053). Sluchl notice shall state
when and where the animii;i was impounded; shall dleribe it by brand or ear-
umrik or both, or, in the alb selce of -snch distingtiisziinli g umrks, by scilih other
means as are necessary to identify it; and shall slpetcify when and whlire it wvil
be offered at public sale to the l livle-t bidder in default of its re(dIemnition by
the owner on or before that (date. Ordifauirily the advertisement will be iii-crted
but once, and the 15-day period will bIgiin with the date of the issue of the p iper
carrying it. Copies of the notices will also be imiailed to prominent stockenit.i in
In the event an aninial the ownership of which is known is found in treslpas
after the expiration of the 48-hour period from delivery of writteil notice for
its removal, refuge officers will proceed to take it up and impound it and
notify the ownerr in writing, either by personal delivery or by registered mail,
that he will be given 5 days within which to pay all c,,sts incident to imponild-
ing and to remove the animal. If the owner fails to redeem it within the 5-dly
period( silecified, public notice of intention to sell at the expiration of 5 days
from the date thereof will be given by posting in the post office and in at
least one other public place nearest the place of tres lpans,. In all cases the notice
will specify the area from which the animal in trespass was removed, will
state when and where impounded, will describe it, either by brands and marks
or by other means of identification, and specify the time and place it will be
sold. Should proof of ownership of impounded animinals be presented before
the expiration of notice, the owner will be required to pay all expenses incurred
in gathering, pasturing or feeding, and advertising, and all other reasonable
expenses incident thereto as hereinafter specified. Upon payment of such
amounts the animals will be released to the owner.
If at a public sale held under the regulation no bid is received, refuge officers
are authorized to sell trelpassing animals at private sale or, in case no private
sale can be made, to dispose of them in the most humane manner possible.
No items representing damage on account of any antecedent trelpass will
be included in the redemption costs. Settlement of expeonses incurred in im-
pounding, however, will not relieve the owner of obligation for damage on
account of antecedent trespass or prevent institution of suit under existing
trespass proced(lure for the collection of such damages.
Payments for redemption and sale of animals will be in the form of a certified
check, bank draft, or postal money order (personal checks or cash not accept-
aqble), drawn to the order of the "Treasurer of the United States, Washington,
D. C.," and forwarded to the Bureau of Biological Survey accompanied by a
letter of transmlittal for pr,)!per disposition. The letter should show the number
of animals. involved and whether payment is for impounding charges or proceeds
from auction or private sale. In case the animals have been redeemed the
letter must contain an itemized statement of impounding charges; if the animals
have been sold, it must contain the ialmne and address ; of purcha-er and an
itemized statement of the impounding '.cllarges and the proceeds of the sale.
Payments received in ex.e- of all direct cosrs (impounding and sale) will
be temporarily retained in a special deposit account pending submission of
satisfactory proof of ownership by the owner of the tr,.passing stock. If
the owner fails to file the requisite proof within a period of 1 year from the
date of sale, appropriate disposition of the funds will be made.
CARE OF IMPOUNDED ANIMALS
In every case where animals are impounded iulder this regulation, refuse
officers will provide an adequate enclosure with feed and water slffirient to
keep them in good condition during the period for which impounded. Extreme
care in handling will be necessary to prevent injury or the possibility of owners
claiming damages on account of injury resulting from cartel: handling or on
account of the character of the enclosure in which the alinmlls were retained.
Refuge officers may incur any we',-a-ry expense incident to the impounding
BUREAU OF BIOLOGICAL SURVEY
of animals, such expense to be paid from any appropriation available for the
CERTIFICATE OF SALE
Upon the sale of any stock impounded under this regulation the Chief of the
Bureau of Biological Survey or his authorized representative will issue the
following certificate, or bill of sale, to the successful bidder:
In accordance with the regulations of the Secretary of Agriculture and the advertise-
ments posted at -------------------- and -------------------- on ----------
193--...., the following-described animals impounded at---------------------- --
Rfuge. in the State of ---------------------, were sold at public (private) sale by me
on This ---------- (lay of ------------ 193----, the owner thereof having failed to
redeem them after due notice:
Description of animals:
This is to certify that -------------------------, of -------
-------, was the purchaser of said animals and has paid therefore the sum of
-------- dollars ($--------), the receipt of which is hereby acknowledged.
METHOD OF DETERMINING DAMAGE
All animals found in trespass will be counted. In all grazing trespass cases
the rate to be charged in determining the value of forage consumed will be
established by the daily, monthly, or yearly commercial rate prevailing in the
locality in which trespass occurs. In the event no commercial rate can be
established within the immediate vicinity, the nearest tract or tracts may be
used for the purpose.
The rates for periods greater or less than the one for which a commercial
rate applies will be established as follows:
1. Where a daily rate is established:
Monthly rate=daily rateX30.
Yearly rate=monthly rateX 12.
2. Where monthly rate is established:
Daily rate=monthly rate--30.
Yearly rate= monthly rateX12.
3. Where yearly rate is established:
Monthly rate-yearly rate--12.
Daily rate=monthly rate--30.
In addition to the value of the forage a sufficient amount may be included
to cover actual damage to property injured or destroyed.
The salary of refuge officers and expenses actually incurred in investigating,
reporting, and prosecuting a trespass constitute a loss to the Government, for
which compensation should be required.
LAW PROTECTING WILD ANIMALS, BIRDS AND THEIR EGGS, AND
GOVERNMENT PROPERTY ON FEDERAL REFUGES
[U. S. Code, Title 18, Criminal Code and Criminal Procedure]
SiKc. 145. Whoever shall hunt, trip, capture, willfully disturb, or kill any bird
or wild animal of anzy kind whatever, or take or destroy the eggs of any such
bird on any lands of the United States whieh have been set apart or reserved
as refiiog- or breodinl grounds for such birds or animnils by any law, proclama-
tion, or Executive ord,-r, except under such rub- and regizlntious as the Secre-
Iairy of Agriculture i,:ily. fri an time to time. ipresribe, (r who shall willfully
injtre, mol(llst. or
both. (Su.e. S4, act of MairljI 4. 1909,, as amcindel April 15, 1924, 43 Stat. 98.)
[S. R. A.
B.S.90] ADMINISTRATION OF NATIONAL WILDLIFE I'RFUGIES 9
EXTRACTS FROM THE MIGRATORY BIRD CONSERVATION ACT
[U. S. Code, Title 16, Conservation]
SEC. 715g. That the jurisdiction of the State, both civil and criminal, over
persons upon areas ac(luired under tliis Act shall not be affected or cliilged
by reason of their acquisition and administration by the United State-, ;.as
migratory bird reservations, except so far as the punishinent of offen.,ses against,
the United States is concerned.
SEC. 715h. Thliat nothing in this Act is intended to interfere with the opera-lll'i-
tion of the game laws of the several St;ites applying to migratory game birds
insofar as they do not permit what is forbidden by Federal law.
SEC 715i. That no person shall knowingly disturb, injure, or d(L'stry any
notice, signboard, fence, building, ditch, dami. dike embankment, flume, spillway,
or other improvement or property of the United States on any area acquired
under this Act, or cut, burn, or destroy any timber, grass, or other natural
growth, on said area or on any area of the United States which heretofore
has been or which hereafter may be set apart or reserved for the u.-e of the
Department of Agriculture as a game refuge or as a preserve or resTervation
and breeding ground for native birds, under any law, proclamation, or Execu-
tive order, or occupy'or use any part thereof, or enter thereon for any purpo,-e.,
except in accordance with regulations of the Secretary of Agriculture; nor
shall any person take any bird, or nest or egg thereof on any area acquired
under this Act, except for scientific or prol)agating purposes under permit of
the Secretary of Agriculture; but nothing in this Act or in any regulation
thereunder shall be construed to prevent a person from entering upon any area
acquired under this Act for the purpose of fishing in accordance with the law
of the State in which such area is located: Provided, That such person complies
with the regulations of the Secretary of Agriculture covering such area.
SEC. 7151. That for the efficient execution of this Act, the judges of the sev-
eral courts established under the law of the United States, United States com-
missioners, and persons appointed by the Secretary of Agriculture to enforce
this Act, shall have, with respect thereto, like powers and duties as are con-
ferred by section 5 of the Migratory Bird Treaty Act (title 16, section 706 of the
United States Code) upon said judges, commissioners, and employees of the
Department of Agriculture appointed to enforce the Act last aforesaid. Any
bird, or part, nest or egg thereof, taken or possessed contrary to this Act,
when seized shall be disposed of as provided by section 5 of said Migratory Bird
[Powers and duties of enforcement officers are defined by section 5 of the Migratory
Bird Treaty Act as follows:
SFec. 5. That any employee of the Department of Agriculture authorized by the
Secretary of Agriculture to enforce the provisions of this act shall have power, without
warrant, to arrest any person committing a violation of this act in his presence or view
and to take such person immediately for examination or trial before an officer or court
of competent jurisdiction; shall have power to execute any warrant or other process
issued by an officer or court of competent jurisdiction for the enforcement of the pro-
visions of this act; and shall have authority, with a search warrant, to search any place.
The several judges of the courts established under the laws of the United States, and
United States commissioners may, within their respective jurisdictions, upon proper
oath or affirmation showing probable cause, issue warrants in all such cases. All birds,.
or parts, nests, or eggs thereof, captured, killed, taken, shippled. tran.-ilorted. carried, or
possessed contrary to the provisions of this act or of any regulations made pursuant
thereto, shall, when found, be seized by any such employee, or by any marshal or deputy
marshal, and upon conviction of the offender or upon judgment of a court of the United
States that the same were captured, killed, taken, shipped, transported, carried, or pos-
sessed contrary to the provisions of this act or of any regulation made iirssiiant thereto,
shall be forfeited to the United States and disposed of as directed by the court having
SEC. 715m. That any person, association, partnership, or corporation who
shall violate or fail to comply with any of the provisions of this Act shall be-
deemed guilty of a misdemeanor and upon conviction thereof shall be fined not
less than $10 nor more than $500, or be imprisoned not more than six months,.
or both. (Act of February 18, 1929, 45 Stat., 122-2.)
BUE.AU OF BIOLOGICAL SURVEY
[S. R. A.-B. S. 90]
LAW PROVIDING PUNISHMENT FOR KILLING OR ASSAULTING
[U. S. Cule. Tik.- 18, Ciiiiiiiual Code and Crimiinal Prooedure]
That wlvhoever .-.hall kill. a. diefined in -'rtiois 273 or 274 of tlhe Criminal
Cou'l. any U' iitled States marsh.lal tr deputy United States marshal. special agent
of the Feidral Bureau of Ilv>-i ization of the Dcleartment of Jlustice, post-office
inspector', Secret Service operantive, any officer or enlisted man of the Coast
Gii;i.r'L.i any eilpiloyei Iof any United State- peti;al or correctional is-titution, any
(tli'-er of the ('ii-t, in Service or of the Internal Revenue Service, any immi-
g'raoit inspector or any iiiniigration patrol inspector, any officer or employee of
the D)kl;irtmeltiit of .\Agriculltuire des-ignated by tlhe Secretary of Agriculture to
enforce any ait of Congress for the protection, pre-.ervatiin, or restoration of
;.iinie and other wild birds and amimal-,. any offiter or employee of the National
Park Srvice. any ofti.er or eiiip!oyee of. or a.sigined to duty in, the field serv-
ice of the Division of Grazing of lhe. Delia rtment of the Interior, or any officer
or employee of the Ilndian field ,ervice of the United States, while engaged in
the performn;u nce of his official duties, or on ac(couint of the performance of his
iffi..il (ldutic-. shall be punished as provided under section 275 of the Criminal
SEc. 2. Whoever ihaill forcibly r-kist. oppo se. imnipede, intimidlate, or interfere
with any person deim'gnated in se('tion 1 hereof while engaged in the perform-
ance of his official duties, or shall .assault him on account of the performance
of his ,ffi.ial duties, shall be fined not more than $5,000, or imprisoned not
more tlan 3 years, or both; and whoever, in the coimmiission of any of the acts
described in this section, shall u-e a deadly or dangerous weapon shall be
fined not more than $10,000. or imprisoned not more than 10 years, or both.
(A.t of February 8. 1936, 49 Stat. 1105.)
ACT REGULATING FIRES ON THE PUBLIC DOMAIN
[U. S. Code, Title 18, Criminal Code and Criminal Procedur,]
SEC. 106. Whoever shall willfully set on fire, or cause to be set on fire. aly
timber, underbrush, or grass upon the public domain, or shall leave or suffer
fire to burn unattendled near any timber or other inflammable material, shall be
fined not more than $5,000 or imprisoned not more than two years, or both.
(Act of March 4, 1909, sec. 52-35 Stat. 1098.)
SKc. 107. Whoever shall build a fire in or near anlly forest, timber, or other
inflammable material upon the public domain shall, before leavinu said fire.
totally extinguish the same; and whoever shall fail to do so shall be fined not
more than $1,000 or imprisoned not more than one year, or both. (Act of
March 4, 1909, sec. 53-35 Stat. 1098.)
U. S. GOVERNMENT PRINTING OFFICE: 1938
UNIVERSITY OF FLORIDA
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