Page:United States Statutes at Large Volume 44 Part 1.djvu/451

 437 TITLE 16.···-C°0. mforenan officer or court of competent jurisdiction; shall have power to execute any warrant or other process issued by·an cmccr or court of competent jui·lsdicti0¤_ for the enforcement cf the provisions of said sections; 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 theircrespcctive jurisdictions, npqn proper- oath oraillrmatiou shewinc probable cause, issue warrants in all such cases. All " birds, or parts, nests, or eggs thereof, captured, killed, taken, shipped, transported, carried, `or possessed contrary to the provisions of said sections br of any ltcgulationg made pursuant thereto shall, when found, be seized by any such employee, or by smy. marshal or deputy marshal, and, npon conviction of the cftender or upon judgment of a c_gurf of the United States that the same were captured, killed, 'takcn,,shipped, transported, carried. or possessed contrary tc_ the provisions ot said. S{·¢·:ilms or of any regulationmade pursuant thereto, shall be furfcltctl to the United States and disposed of as directed by · the court having jurisdiction. (July 3..11918, c. i128, 5,5, 40 Stat. 756.) _ _ (, ·· _ _ 707. P¤nishments.—Any.pers0n, association, partnership, or curpcratlqn who shallylolate any·of- the provisiqns qt said ¢··mi·cntion or of sections 703—t0 711 of this title, or who shall viulateaor fall to complylwith any regulation made.pn;·$nant‘ fu' said séctionmahall be deemed guilty of a misdemeanor and j upon conviction tlicteof éhall be ilncd not more than $500 or hc imprisoned not more than aix months, or both, (July 3, 191S,'c. 128, § 6, 40 Stat. 756.) 708. State cr Territorial laws or regnlations.·--—N0thing in sections 703 to 711 of this tltlc shall be construed to prevent the several States' and Territories  from making or enforcing laws mr regulations not inconsistent with t-hc provisions of said convention or of said sections, or from making or enforcing laws nr regulations which shall give lfurtlxeri protection to migratory birds, their nests, andcggs, it such laws or rcgulations do not extend thel open seasons for such birds beyond the datcsapprovcel by the President ln accordance with section 704 of this title. (July 3, 1918, c. 128, § 7, 40 Stat. 756.) - 709. Migratory birds, nests. or eggs for scientific or propagating p¤rpcgcs.———Until‘ the adoption and approval, pursuant m s:ecticn‘704 of this title, of regulations xleallngwith migrai tory birds and their nests and eggs, such migratory birds and tlaciqcncsts and eggs gs are, intendedQ and used exclusively fora »=<·i¢;·ml1ic or propagating purposes may be taken, captured, killed, pcascsmd, sold, purchased, shipped, and transported for such scicntinc or propagating purposes it and to the extent 4 not in centllct with the laws of the State, Territory, or Dis- ( trict in which they are taken, captured, killed, possessed, s0ld,l cr purchased, or in or from which they are shipped or translmrtcd it the packages containing the dead bodies 01··the nests or egcs ei such birds when shipped and transported shall be marked on theontside thereof go ac accurately and clearly to slwxv the name and addrma of the shlppef and thmcontenta of the package. (July 3, 1918, c. 128. $ 8. 40 Stat. 756.) 710. Putin} invalidity; short title.-—-·It any clause, sentence, l>m·aKrapl1,.0r part ci sections 703 to 711 of this title, which shall he known by the short title ot the “Migratory Bird Treaty Act," `slmll, for any renecn, be adjudged by any court ot cmnxlctent jurisdiction "tp be invalid, auch- judgment shall note effect, impair, pr invalidate the remainder thereof, `but shall be contmeel. in its operation tc the clause, `nentence, .para.graph, or part thereof directly lnvqlved in the ccntroveésy in which em-): judgment shall have been rendered. (July 3, 1918, c, 128, Q 10, 40 Smtfi'57.)4 _ ‘ · . · 711. Breeding nad pale for {cod supply.--Nothing ln this chapter anall be coustrucd` to prevent the hreedixu ct migratory

Nenmrm my § 724 game birds on farms and preserves and the sale of birds so bred under proper regulation for the purpose of increasing the food supply. (July 3, 1918, c. 128, § 12, 40 Stat. 757.) Chapter 8.-—-UPPER MISSISSIPPI RIVER WILD LIFE `AND~FISH REFUGE, Sec. _ _ 721{Uppcr Mississippi River Wild Life and I·`i:—:l1 Refuge; citation. -722. Same; acquisition of lands and water for. `V 723. Same; purposes of refuge; regulations by Secretaries of Agri- _ cuuure and Commerce. 724. Same; consent of States to acquisition; existing rights of way, easements, and so forth. ‘, · ` . 725. Same; joint regulations, and so forth, by Secretaries of Agricul- _ ture and. Commerce. 726. Same; acts prohibited in refuge; commercial fishing. 727. ‘Same;_ powers of employees of Departments of Agriculture and _ Commerce; searchenzxud seizures. _ 728; Same; expendgtures. _ - · 729. Upper Mississippi River.Wild Life and Fish Refuge; price per - acre. . . · 730. Same; violationspof law or regulations; punishment.: 731. Same; etfect on other laws. .* · __Section 721. Uvlter Mississippi River Wild Life and, Fish Refuge; citation;-5-Sections 722 to 731 of this title may be cited ·as' “The Upper Mississippi River Wild Life and Fish Refuge Act.’_’ The term " person " as used therein-inclndes an individual, partnership, association or corporation. _ (June 7, 1924, c. 3-16, §§ 1, 12, 43 Stat. 650, 652,) E I 722. Same; acquisition of lands, and water for.———The Secre· _tary· of Agriculture is authorized and directed to acquire by purchase, gift, or lease, such areas of land, or of land and water, situated between Rock Island, Illinois, and Wabasha, Minnesota, on either side of or upon islands in the__Mississippi River which aresubject to overdow by such river and which , are not, used for agricultural purposes, has he determines suitable for the·-purposes of this chapter, and any such area when acquired shall become a part of ‘ the Upper Mississippi River Wild Life·and Fish Refuge (referred to in this chapter as the "'refnge°’). ‘ (June Q, 192-1, c. 346, §§ 2, 3, 43. Stat. 650.) _ 723. Same; purposes of refug/e; regulations by. Secretaries of Agriculture and Commerce.—4The refuge shall he established -·-7; t and maintained (al) as a refuge and breeding place for migra—” tory; b*R1s included in the terms of the convention between the  United States and Great Britain for the protection of migratory i birds, concluded Augnst 16,1916, and (bi to such extent ast the Secretary of·Agriculture may by regulations Erescribe, ast a refuge and breeding place for other"%vi_ld birdspgame animate, _ fur-bearing animals, and for the conservation oL wild Bowers andaquatic plants, and (c) to such extent as the Secretary cf Commerce may by regulationsgprescribe as arcfuge and breeding place for fish and other aquatic animal life. (June 7, 1924, .c. 346, §‘ 3, 43 Stat.'650.)_ t _ _ ‘ . 724. Same; consent of-States to acquisition; existing rights ·d of way, easements, and so forth.-·—>(a) .‘Snch m·ea·s1m11 not be acquired by the Secretary of Agriculture until the legislature of each State in which ie. situated any part of the areas to be acquired under section 722 of this title has consented to the acquisition of such part by the United Statm for the purposes therein stated, and, except in the case of a 1ease,_no payment shall be made by the United States for any such area until title thereto is satisfactory to the Attorney General and is vested in the United States. " - » (b) ¤The existence of a right of way, easement, or other reservation or exception in respect of such area shall not be a bar to its acqnieition (1) if the Secretary of Agricultnrc determines that any such reservation or exception will in no manner interfere wi the use of the area for the purposes for which acquired, ery) if in the deed or other conveyance ·it is stipulated tha any reservation or exception in respect of such area, in favor of the person from whom the United '