Page:United States Statutes at Large Volume 44 Part 1.djvu/1590

 ` \ 201 D TITLE 48.-4-TERRITORIES A1 thereof received from or returned to the Territory, except c — birds, 'uests,. and eggs shipped imder a scientlilc permit lssuedby- the Secretary of Agriculture.; and. lt shall be the duty hot _ all collectors of cnstoms to enlorce the provisions of __regula- -, tions adopted. pursuant to this subchapter with respect to ship- ‘ ments of animals or birds or nests or eggs of birds, (May 11, 1908, c. 162, § 6, 35 _Stat. 104; Jan. F13, 1925, c. 75, §  43 ` Stat:.746.).-, _  r _ .,_‘ ‘ _ ._ _ 201. United States attorneys, duties·‘ of.--It shall be the ‘— duty of the United States` attorney for the division in which' any wild animal or wild hirg1,‘or_pari; thereof, · or_ nest or egg r otfsuch blril, or any`gun;"`1;mp, net, °boat, dog, sled, or other l paraphernalia has been seized, or has been useq, taken, trimsportédmlaonght, sold, or possessed contrary to the provisions of ~ this` subchapter, to institute an action in rem__ against it tor the forfeiture thereof. to the United- Statesifn aujr caée in which ‘ the disposition -of§ such article is not `lnvolvecl in a· criminal- _ - prosecution; the possession. hot any wild. animal, bird, or part ‘ thereof, ornest or em of such bird, daring the time when ..the‘ takingof lf is prohibited,. shall, in anytsuch Qaction, constitute . prima facie evidence that It was taken, possessed, bought, sold, - or transported in violation otQthe_ provisions of this subchapter, and ·the~bnrden_`o£ proof shall be' upon the possessor or’c1aln1- ant of lt to, overcome the presumption of'_ illegal. possession and to establish the fact that it wasj obtained _ and is `possessed lawfully; and in case or judgment being`rendere<lf-in favor of ” the United States} itlehall be disposed of. as--directed by the court having jurisdiction, and it sold, the proceeds of ealeshall · be transmitted, by, the clerk of the c0urt,to the exeeutlve_oH1· cer to be disposed of as are other receipts of the coxnmission. (Jan.'13, 1925, c. 75, _§ 13, 43 Stat. 746.),, e ·  n _ 202. Penalties; guides to eport ‘ violations; ·penalty.·——- Unless a dlttereut or other pena ty orpunishment is specifically prescribed in this. subchapter, person who violates? any pro! vision of this subchapter, or who ; tails to perform any duty imposed by this subchapter or any order or,regul:t°tion adopted pursuant to this subchapter, is guilty of misdemeanor and “* upon conviction thereof shall be lined hot less `than $25'nor - more than $500 or be imprisoned not more than six months, " _or lgoth ; and, lnaddition thereto, the conviction oi any licensed hunter for a violation ot any of the jprovlsionayot this subchapter shall muse a forfeiture ot his license and he shall surrender "lt upon demand to any person authorized by the coxnmlmion to récqlve lt; that all moneys {rom Hnes shall be a- trensmlttw by the clerk of the court to the executive officer to `be llieposm of aa are other receipts of the commission. · Any licensed guldewhojslnall tail or refuse to reportpronmtly to the commission any violation of this-subchapter ot whichhe. may have knowledge, shall be guiltyot a_ violation oi this sub—. ' chapter, nnd, in addition thereto, ahallhave hislicense revoked, and shall beilnellglble to act as a licensed guide/tor a period 7 of Eve years from the time ot his conviction therefor, or, of the establishment to the satisfaction ot the commlssionof 'deunlte proof of such oitenee. (May 11,, {908, c. 162, § 7, 35 Staf. 1Q5;‘Jan. 13, 1925, c. 75, § 15, 43 $tat._747.)° -_ », J _ 203. Previous lay nnaEccted.-—·-—Nothlng ln this subchapter · a contair1edLsha1l.‘be·_ construetl as repealing or modifying ln any _ manner  352 of Iitle,16. (Jan. 13, 1925, c. 75, § 17, 43 204. Partial invalidity; eKect of.--4It any clause, sentence, ` ` paragraph, or part of thi subchapter shall forany. reaeon be a · adjudged b ny court ot competent jurisdiction to beinvelld, such judgmyxt shall not aQect, impair, or invalidate the ree mainder thereof, brit shall `be condned ln its operation to the clause, sentence, paragraph ot; narts thereof- directly involved_ ln the controversy in which such judgment shall have pm rendered. (Jan._13, 1925, c. 75, -§’3, 43 Stat. 740.) °

VD INSULAR POSSESSION8 1576 205. Short title.-+-This subchapter shall _ be· known · by the short title aof the "A1aska Game Law.” (Jan. 13, 1925, c. 75, s1,4ssait.ras.)‘ . . . 1 V · . - 206.1DeEnitions.——-For the purposes of this subchapter the following shall be construed, respectively, to mean.: · ’ Commission: Thenalaska Game Commission. l ·Territory:.Territory of Klaska.  — · · _, _, _  Person: The plural or the singular, _· as the case demands, including individuals, associations, partnerships, and corporations, unless the .context otherwise requires.     -· ' Take: Taking, pursuing, disturbing, hunting, capturing, trapping, or killing game animals, land fur-bearing animals, game or nongame birds, attempting. to take, pursue, disturb, hunt, capture, trap,“or kill such animals or birds, or setting or using a` net, trap or x other device. for taking them, or collecting the nests or eggs of such birds, unless thej context otherwise re= quires.; Whenever the taking of· animals, birds or nests or eggs i of- birds is_ permitted, reference- is had to taking by lawfulmeans and in lawful manner.,. - _ _ _ " Open season: The time during which birds or animals may · . lawfully be taken. Each period of time prescribed a s an open season shall be construed to include the ilrst and last days thereof.·      . · Close season: The time during which birds and animals may notbe taken. _ ` Q . · _ -  Transport: Shipping, transporting, carrying, importing, er- ‘ ‘ ` porting, or receiving cor delivering for shipment, transportstion, carriage, or export, unless the context otherwise requires Game animals': Deer, .moose, caribou, elk, mountain `sheep, mountain goat, and the large brown and grizzly bears, which shall be known as big game. ‘ ". _ ·. Land fur§bea`ring animals: saver, muskrat, marmot, ground squirrel _(spermophiles), tlsher, fox, lynx, marten. or' sable, _mink,.weasel or ermine, land ottcr, wolverlne, polar bear and black- bear including its brown and blue ‘(or glacier bear) `color variations. - — _ e. . - _ · · · Game birds: Migratory waterfowl; commonly known as ducks, geese, nm-nt, and swans; shore birds, commonly known as plover, sandplpers, snlpe, little brown cranes, and curlew, and the several species of grouse and ptahunigan, which shall ,_  ,, be knownas small gsme. -  `· a · J,  N ongame birds: All wild birds except _ genie birds.: [Quay 11, 1908, c. 162, { 1, 35 ..Stat. 102; Jan. _13, 19%,%; { 2, 43 Stat. _739.) ·  · Q “Y z 4. f 297. Who deemed residents`; Q who deemed aliens.--For the purposes of this swchapter a citizen of the United States who has·been dornlg;lled· in the f.l‘erritoi·y not less than one year _ for the purpose ot making his permanent home therein, or a forelgn—born person not a citizen. of the United Stateswho has declared his intention to become a citizen of the United Statm. and has-been domiciled in- the Territory for a like period and purpose, shall be considered a remdent: but lf auch a foreign-. born person shall not have been admitted to citisenship within seven years from the date he`· declared his Brat intentiongto becomeacitizen, he·shal·l`thereafter‘be deemed to be an alien until admitted to citizenship. `_A torelmnbornj person not a citfzen of the United. States. who has not declared his intention -to become a citizenof the United States, or who has not resided, ln the Territory for at least one year alter having declared such intention, shall be considered an alien. (Jan. 13, 1925, c; 15, § 3, 43 Stat. 740.). .  = · . 208. Alaska Game Commission; composition; qualihcation of membctlst. tenure of o§ce.····-The Alaska Gamc`·Commlssion shall consist of ave members, tour of whom shall bd appointed · by the Secretary of Agriculture, one member from each ot the four judicial divisions of the Territory, each of whom shall be I a. resident citizen of the district from which he is appointed, *