Laws and joint regulations of the Secretaries of the Interior and Agriculture relating to the protection and administrat...

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Laws and joint regulations of the Secretaries of the Interior and Agriculture relating to the protection and administration of game ranges, or wildlife refuges, established in conjunction with the organization of grazing districts under the Taylor grazing act
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United States
United States -- Dept. of the Interior
United States -- Dept. of Agriculture
United States -- Bureau of Biological Survey
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U.S. Dept. of Agriculture, Bureau of Biological Survey ( Washington )
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oclc - 06492220
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S. R. A.-B. S. SG


United States Department of Agriculture

BUREAU OF BIOLOGICAL SURVEY

SERVICE AND REGULATORY ANNOUNCEMENTS



LAWS AND JOINT REGULATIONS OF THE SECRETARIES
OF THE INTERIOR AND AGRICULTURE RELATING TO
THE PROTECTION AND ADMINISTRATION OF GAME
RANGES, OR WILDLIFE REFUGES, ESTABLISHED IN
CONJUNCTION WITH THE ORGANIZATION OF GRAZ-
ING DISTRICTS UNDER THE TAYLOR GRAZING ACT1


Page Page
Joint regulations relating to the protection and Extract from the Migratory Bird Conserva-
administration of game ranges, or wildlife tion Act--------------------------------.... 4
refuges------------------------------------ 1 Act regulating fires on public domain---------...... 4
Law protecting wild animals and birds and Law providing punishment for killing or as-
their eggs and Government property on sauilting Federal officers- ------------------. 4
Federal refuges------------------ -------4 Form of Executive order establishing a game
range-------------. ------------.---------



JOINT REGULATIONS OF THE SECRETARIES OF THE INTERIOR AND
AGRICULTURE RELATING TO THE PROTECTION AND ADMINISTRA-
TION OF GAME RANGES, OR WILDLIFE REFUGES, ESTABLISHED
IN CONJUNCTION WITH THE ORGANIZATION OF GRAZING DIS-
TRICTS UNDER THE TAYLOR GRAZING ACT
[2 F. R. 590]

By virtue of authority vested in the Secretary of the Interior by the Act
of June 28, 1934 (48 Stat. 1229), and in the Secretary of Agriculture by section
10 of the Migratory Bird Conservation Act of February 18, 1929 (45 Stat. 1222),
and section 84 of the Penal Code of the United States as amended by the act
of April 15, 1924 (43 Stat. 98), and pursuant to Executive Order No. 7373, of
May 20, 1936, establishing the Desert Game Range, and like orders heretofore
or hereafter made, establishing such game ranges, or wildlife refuges. the
following regulations for the protection of wildlife, the regulation of grazing.
and the administration of game ranns, or wildlife refuges, established in
conjunction with the organization of grazing districts under the terms of the
Act of June 29S, 1934, commonly known as the Taylor Grazing Act, are hlereby
prescribed and shall be effective from March 1, 1937:

Regulation 1.-Protection of Wildlife
It is not permitted to hunt, trap, catch, disturb, or kill, or attempt to hunt,
trap, catch, disturb, or kill any wild bird or other aiinal, or to take or molest
the nests or eggs of such birds, on any such g ine rannges, or wildlife refuges,
except when authorized by permit issued by or under the authority of the
1 Applications for grazing licenses should be aildrosed to the Regionnl Crazier, Divi-
sion of Grazing,' in cnarF-1-) l f p r r x in vlii- l tcli Ii', is located. I'prniirs to cut ,nil
remove timber should be yitio'io cl.l .\ag>n in Charg'. Division of Investiga-
tons, Departmer t oftoA.. ......e T ... wiii h the lands are located.
135187---7


I" -'TO
S:; 'pos1 op (


I--,'.I April l',,,







BUREAU OF BIOLOGICAL SURVEY


Secretary of Agriculture: Provided, That duly authorized grazing permittees
and employees of the Departmetits of Agriculture and the Interior engaged in
the control of predatory animals and rodents may trap or otherwise take such
rodents, predatory animals, or predacious birds when in the opinion of the
Chief, Bur't'tautl of Biol,,gical Surley, control Omea-.'iureIs are necessary to reduce
the numbers of such animals or birds in order to safeguard the perpetuation
of other species of wildlife, to protect livestock, or to culns-erve grazing
resources, or to retard soil erosion.

Regulation 2.-Acts not Permitted on Game Ranges, or Wildlife Refuges
The following acts are not permitted on lands of the United States within
such gaime ranges, or wildlife refuges:
a. Setting on lire, or causing to be set on fire any timber, brush, or grass,
except as authorized by the resident officer in charge of sdcli area.
b. Build(ling a camp fire in leaves, rotten wood, or other places where it is
likely to spread; against large or hollow logs or stumps where it is difficult
to extinguish it completely; or in any other dangerouss place, or during windy
weather, without confining it to holes or cleared spaces from which all vegeta-
tion or other inflammable material lhma. been removed.
c. Leaving a camp fire unattended or not completely extinguished.
d. Disturbing, molesting, or interfering, by intimidation, threat, assault, or
otherwise, with any person engaged in the management of wildlife or livestock
on such ranges, or refuges, or the prevention of trespass thereon.
e. Unle-ss authorized by permit from the president otficer in charge, the
carrying of a firearm, except by authorized Federal or State officers.
f. Throwing or placing a burning cigarette, match, pipe heel, firecracker, or
any ignited substance in any place where it may start a fire; or discharging
any kind of fireworks on any part of such ranges, or refuges.
g. The destruction, injury, defacement, removal, or disturbance in any man-
ner, of any building, notice, sign, signboard, equipment, fence, post, road, trail,
dike, dike emnbankznent, damin, bridge, or other structure, or of any other public
property of any kind on such raiiges, or refuges.
h. Entering, occupying, or using, without permission from the officer in clha rge,
any building of the United States on such areas used for administration pur-
poses by the Division of Grazing, of the Department of the Interior, or by the
Bureau of Biological Survey, of the Department of Agriculture, except in case
of emergency to prevent himan suffering.
i The entering or being upon such land with intent to destroy, molest, dis-
turb, or injure property used, or acquired for use, by the United States. in
the administration of such areas.
j. The dumping of garbage, or other refuse or debris, or the draining or dump-
ing of oil, acids or poisons in, or otherwise polluting any waters. waterholes, or
streams within any such ranges, or refuges.

Regulation 3.-Grazing

No cattle, sheep, horses, or other livestock are permitted to graz, on tlhe public
lands within the exterior boundaries of such game ranges, or refuges, except
under permit of the Secretary of the Interior and in accordance with such con-
ditions as he may prescribe therein, and no grazing is permitted on lands within
the exterior bouidaries of such ,game ranges, or refuges, which have liven or
which hereafter may be acquired b)y the United States for use of the Depart-
ment of Agriculture for the conservation of migratory birds and other wildlife,
except under permit of the Secretary of Agriculture and in accordlan ce with such
conditions as he may prescribe therein.

Regulation 4.-Specimens for Scientific, Exhibition, or Propagating Purposes

Specimens of plant and animal life or other natural objects on any range, or
refuge, n;iy he taken for scientific, exhibition, or proli;ga-ling purptes. under
sp,,ciai] permit ismued by thle Servtary of A.\riculture and counteir'ig.ned by lthe
Chief, IBureau of Biol,,gical Survey, lbut no such permit shall be deemed to
authorize tlhe likihig, i,, po--,ion, I r1inpcrtatiiii, or s:ile of any wildlife, or the
I Osts or (p--s of birds, contrary to Sitte or lFederal law.


[S. R. A.







B. S. il IIO'Fl:'"'I()N OF GAMOR WANGDLS VIIALIFEl IUEF(ES 3

Regulation 5.-Scientific Studies
Any liersto, may 'iiter lupolI) any such rang. or ref'Ni'. for -.iii ii', study,
the taking of Iphoto-r'i:phs thcri-on, or for other liike purp,,-. lint mus.t oiimply
with tht.t- rgulation-i. and the rulh- for the a iltiti ration of gra:i,." districts.

Regulation 6.-Rem4,val of Surplus Animals
Whenever it shall alppiar after inv. -t igation thl;it the niiiml ber of any sp'-ci-
of ga!lme aim ai oln any such ranw.e. or 1 f'iig. shill have incre;-,l beyond the
nuinlrs splc.ified in tn-. Executive order ert hili-hiiii" thlie pi rtinihlar rane it
shall be. thi duty of the Chief, B bureau of Biological. Survey, D.-p;irtienit of
Agriculture, and tlh Director, Divi-iin of Gra;ziiiLr. D).i;rtitment of the Interior,
jointly to deteriniiie the number of surplus ainimls it is l-ir:ile to remove
from s.,uc rasiic'. or refuge, and upon such determniation such .-.iirplus animals
may be removed under such conditions amit in the manner authoriz.d(l or pirr-
scrihed by the Chief, Bureau of Biol,,,ical Sturvey.

Regulation 7.-Economic Utilization of Resources

Permits to cut and remove timber or firewood, oc(cupl)y or cultivate am.is., use
any material of commn(ercial value, or make other like us,. of any hiids within
the exterior boundari.-, of such rnanes, or rtfi1Li,:. which lands l: have been or
may herea:fter be ;a-,,uired by the United States for the use of the Dipatml ortent
of Agriculture for the conservation of nmii.ra tory birds or other wildlife, not
inco,..-istent with the objec.t-, for which .clich rna e., or refuve-. were e-tibli-shed,
may be issued by the Chief. Bureau of Biological Survey, upon such terms and
at such rates of charge, if any, as may be a-,.crtained aiAd determined by him
to be cuminmeiisurate with the value of the privihl..i' given by such permits.
SPermits for like purposes as to (oIther lands within such ra ne.s, or refuge-. may
lbe issued in conformity with rules and regulations of the Di)partmnent of the
Interior covering smii usaget: Provided, That in order to safeguard the food
and cover requirements for wildlife, permits to remove timber or firewood from
the range, or refuge, slihll not be i--iied until applications therefore have first
been approved by the resiilentt officer of the Burc.au of Biol,,gical Survey and
timber permittees shall make sum-li disposition of bruh. t'ps, lops,. slashlihings.
and( other forest dtebris resulting from timber operations as such officer may
1)rescribe.
Regulation 8.-Fishing

Any peIrson may enter upiii any r:znt.. or refuge, for the purpose of fishing
in accordance with the laws of the St ate in which such ralige., or refuge, is
located, but must comply with the provisions of thit.,e regulations, and the rules
for thie adinilii-tration of grazing districts.

Regulation 9.-Exhibition and Revocation of Permits

Permits shall be exhibited for inspection at any reasonaiile time upon rolaum.'-t
of any officer or employee of the Deipairtnment of the Interior or of the Depart-
ment of Agriculture egagt(d in the administration of such r;ge. or r.efug.is,
or in the enforcement of laws and regul.itions applicable to wildlife. Any
permit may be terminated at any time by agreement between the i-'-,i ff ,,irr
and the permittee; it ,may be revoked by the Chief. Division of Granzizhi. D Icpart-
ment of the Interior, or his dt1-iiated represcl.tative, if issued by or iiiuilder his
authority, or by the Chief, Bur,'au of Biological Survey, or his dtu.siz:n;ited repre-
sentative, if issued by or under his authority, for noncomplianv with the tirmns
thereof or of tlhese regulahtio4is, for noniisi.. or for violation of any law or ri.' gla-
tion applicable to the ,gramie range, or wildlife refuge, or (if any State or Federal
law protecting wildlife or the ws.I, or ,., of birds: and it is subject at all
times to discretionary re\viiatioj by thlie Secretary i lder wlio,,ce authority it was
issued.
[SEAL] IH. A. W.La..:.
S,'rIU tary of Agriculture.
FEBRUARY 13. 19:-7.
[SEAL] Ci TA ILl's W:EST,
Acting S'rr'ri tfri/ of the Intriior.
FEBRUARY 26, 1937.







BUREAU OF BIOLOGICAL SURVEY


LAW PROTECTING WILD ANIMALS AND BIRDS AND THEIR EGGS
AND GOVERNMENT PROPERTY ON FEDERAL REFUGES
[U. S. Code, title 18, Criminal Code and Criminal Procedure]
SEC. 145. Whoever shall hunt, trap, capture, willfully disturb, or kill any bird
or wild animal of any kind wl iatever, or take or destroy the eggs of any such
bird onil any lands of the United States which have been sit apa lrt or reserved
as refuges or breeding grounds for such birds or animals by any law, proclama-
tion, or Executive order, except under such rules and regulations as the Secre-
tary of Agriculture may, from time to time, prescribe, or who shall willfully
injure, molest, or destroy any property of the United States on any such lands
shall be fined not more than $500, or imprisoned not more than 6 months, or
both. (Sec. 84, act of Mar. 4, 1909, as amended Apr. 15, 1924, 43 Stat. 98.)


EXTRACT FROM THE MIGRATORY BIRD CONSERVATION ACT
[U. S. Code, title 16, Conservation]
SEC. 715i. That no person shall knowingly disturb, injure, or destroy any
notice, signb,;jird, fence, building, ditch, damn, dike e( ih.inkinent, flume, spillway,
or other improwvewnit or property of the United States or cut, burn, or
destiy any timber, grass, or other natural growth on any area of the
United States which heretofore Ias been or which hereafter may be set apaIrt
or re served for the use of the Dep;irtment of Agriculture as a game refuge
or as a pr:e'r\e or r-.eservation and breeding ground for native birds, under
any law, proclamation, or Executive ord r, or occupy or use any part thereof,
or enter thereon for any purpose, except in accordamice with regulations of the
Secretary of Agriculture (Sec. 10, act of Feb. 18, 1929, 45 Stat. 1222.)



ACT REGULATING FIRES ON PUBLIC DOMAIN
[U. S. Code, title 18, Criminal Code and Criminal Procedure]
Si-:. 106. Whoever shall willfully .it on fire, or cause to be set on fire, any
timber, underbrush, or grass upon the public domain, or shall leave or suffer
fire to burn unattended near any timber or other inflammable niinterial, shall be
fined not mort', than $5,000 or imprisoned not more than 2 years, or both. (Act
of Mar. 4, 1909, -ec. 52, 35 Stat. 1098.)
Si:c. 107. Whoever shliall build a fire in or near any forest, timber, or other
i!nfl';Iinim.ble miIaterial upon the public domain si:i1l, before leaving said fire,
totally extinguish the same: and whoever slall fail to do so shall be fined not
more than $1,000 or imprisoned not- more than 1 year, or both. (Act of Mar. 4,
1909, sce. 53, 35 Stat. 1098.)

LAW PROVIDING PUNISHMENT FOR KILLING OR ASSAULTING
FEDERAL OFFICES
[Act of Feb. 8, 19:1'6, 49 Stat. 1105]
That whoever shall kill, as defined in sections 273 or 274 of the Crimninal
Code, any United States 1ma ri-.il or deplity United States 111:1 rshal, special agent
of thlie Federal Bureau of Investigation of the I)t lmit ent of Justice, post-office
i l:spet'or, Secret Service operative, any officer or enlisted man of the Coa st
Guard, any employee of any United States I;li nl1 or correctional institution, any
officer of thlie (irslonis Service or of the Internal Revenue Service, any immi-
grant in-lpect or or alny innmigration litrrol inspector, any officer or enpli,1,,e of
the DI)ep':irtmient of Agriculture desini;,tled by tlie Secretary of Agriculture to
enforce any act of Congrei.. for tlie )protection, lin--rvalion, or restoration of
game and other wild birds and animals, any offlier or employee of the Natiomial
Park Service, any offi.e-r or employee of, or a-.igiied to dutyy in, the field service
of the I)ivision of Grazing of thle D)lepartlmient of thlie Interior, or any o(flicer or
.pl.lo*v.ee of the Indi;,n field service of the United Stales, while engaged in the


[S. R. A.







B.S. 86] PROTECTION OF GA MI RANGES O WILDLIFE EF ES 5

perform,, n'e of his oflieial duties. or on acto unt of the pIerformaiii,'e of his ofli-i.:il
duties, shall be luili.i.hed as provided under .-I'ioiin 275 of tlie Criminal Code.
SEc. 2. Wholever shall forcibly r.-i-,t, opp.-.c. imp,'le, intimidate, or interfere
with any persnii desi,,_nitiAd in :'ctiou 1 hre'oIf while enga ,'d in the perform-
ance of his of his ollicial duties, shall be lined not more than $5,(00), or imprisoned not
more than 3 years, or both; and whoever, in tlie commission of :any of th e acts
described ii this -setlion, shall use a deadly or dalgerouls vwealpoll shall
fined not more than $10,000, or imprisoned lnot more than 10 years, or both.


FORM OF EXECUTIVE ORDER ESTABLISHING A GAME RANGE

By virtue of and pursuit to the authority vested in me as President of the
United States and by the act of June 25, 19i0, ch. 421. 36 Stat. 847, as amended
by the act of August 24, 1912, ch. 36!,. 37 Stat. 497, and subject to tlie conditions
therein exprl-vsed and to all valid exist in- rights, it is ordered that the follow-
iig.'-desc'ribed lands, iii-tffar as title thereto is in the Illited S:alt'-. 6e, and they
are hereby, W withdrawn from sell leliet, location, ::.ile, or entry and reserved
and set apa rt for thle conservation and development of natural wildlife resour 's-;
and for the protection and improvement of public grazing lands and natural
forage resourcee: Provided, That nothing here.iii contained sliall restrict pros-
pecting, loa.ting, developing, mining, entering, leasing. or patentinug the iniiieralI
resourclts of thle lands under the applirilde laws: Pro'idcd further. That any
laiids within thle described area that are otherwie-i withdrawn or rc-t'-ved wxvill
lie affiecthd hereby only insofar as may lbe consistlenlf with thle uses a"ild purposes
for which such prior withdrawal or reservatioll was imade: Ad provided
further, That upon the termination of any private ri Tht to. or th(lie appropriation
of, any public lands within thie exterior limits of the a rca included in ibis order,
or upon thle revocation of prior withdrawals milel-- expressly othlerwiso provided
in the order of revoca.tion, iie lands in\ olved shall b)ecollle pail oi this pr- re :
[Here folloicws the description, of lands included in the a'ine ranf/c.]
This range, or prese,,rve, insofar as it relates to thlie conservation anld develop-
ment of wildlife, shall be under the joint jurisdiction of the Socretiaries of the
Interior and Agriculture, and they shall have power jointly to make such rules
and regulations for its protection, administration, regulation, and improvement,
and for the removal and disposition of surplus game animnails. as they iiay de(em
lnecessa.ry to accomplish its purpozez. and the range, or preserve, being within
grazing districts duly established pursuanr to the provisions ol thlie act of June
28, 1934, cli. 1.;5, 48 Stat. 12,09, as amended by the act of June 2i. 19936. 49 Stat.
1976, shall be under the exclusive jurisdiction of the .' i.riary of tlie Interior.
so far as it relates- to the public graziiig lands andl natural forage r.-,,urc.
thereof: Provid di. hoi',ri r, That the natural forage r .' -urces therein shall be
first utilized for thlie purpose of sustaining inll a healthy condition a miaximium
of [the ord( r will here set forth the primary, species for ir ich the rau'ge is
cstiibi.,sh, f], the primary species, and such noprWedatory -econdary sp',, *es in
such numbers as may be neee.-;ry to maintain a 1,a.lanced wildlife population,
but in no c:ase shall the consumption of forage by the comindiled po1)pllation of
the wildlife species be allowed to increase the bur(lden of the range dedi-.ited
to the primary species: Provided further. That all tlie forage resources within
this range, or pr's,,'Ve, --hall be available, except as herein otherwise provided
with respect to wildlife, for doniii ic livestock under rules and reguIlations
promulgated by the Secretary of the Interior under the authority of the afore-
said act of June 28, 1934, as amended: And provided further. That land within
the exterior limits of the area herein dc-,-ribed, acquired and to be acquired by
the United States for the u-e of the D'pl:irtment of Agriculture foir the conser-
vation of migratory birds and other wildlife, shall be and remain under the
exclusive a(ldmiiiiistnration of the Secretary of Agriculturr and ini:y lie utilized for
public gr:azing purlpoise. only to such extent as mllay i)e deteiiiiiied by tlie s:aid
Secretary to be compatible with the utilize tion of said lands for thle purpo,-s
for which they were acquired as afor',..id under regulations pre,-cribed by him.
The reservation made by this order supersedes as to the above-de..ribed
lands the temporary withdrawal for classification and other pulrp,- Executive order no. [temporary withdrawal orders are suip, r.e'ded by the orders
establish in!1 the ran!.rx].
This preserve shall be known as the Game Ra IgI.


0. C. GOVERNMENT PRINTING OFFICi ISTl7










































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