Page:United States Statutes at Large Volume 52.djvu/1211

 1170 PUBLIC LAWS-CH. 686 -JUNE 25, 1938 [52 STAT. but whenever the Secretary of Agriculture shall find that the afore- said black bear, or its color variations, is predominantly hunted in any section of Alaska as a game animal rather than a fur-bearer, he shall so declare and then and thereafter, so long as such declaration remains in effect, such bear in the specified section of Alaska shall be consid- ered to be a game animal to the same effect as if it had been expressly included in the foregoing definition of game animals. "Game birds." "Game birds: Anatidae, commonly known as waterfowl, including ducks, geese, brant, and swans; Haematopodidae, Charadriidae, Scolopacidae, and Phalaropodidae, commonly known as shorebirds, including oyster-catchers, plover, sandpipers, snipe, curlew, and phal- aropes; Gruidae, commonly known as cranes; and the several species of grouse and ptarmigan, and such other birds as have been or may hereafter be transplanted, introduced, or reintroduced into the Terri- tory or any part thereof and found and declared by the Secretary of Agriculture to be game birds. "Nongame birds." "Nongame birds: All wild birds except game birds." 43 Stat. 740. 4. UtS.7C. 207. SEC. 2 . That section 3 of said Act is amended by striking the period at the end of the first paragraph of said Act, following the word "alien", and inserting a colon in lieu thereof and after the colon the Residence require- following: "Provided, That whenever the Secretary of Agriculture me. shall determine that the economic welfare and interests of native Indians or Eskimos, or the fur resources of Alaska, are threatened by the influx of trappers from without the Territory, he may, in his discretion and for such periods as he shall determine, require that citizens of the United States who are nonresidents of the Territory, and foreign-born persons and aliens within the meaning of this Act, shall have resided in Alaska for a continuous period of three years instead of one year before being eligible to obtain resident trapping licenses under the provisions of the Alaska game law, as amended, and regulations issued pursuant thereto." 43 Stt. 4 192. SEC. 3 . That the first paragraph of section 5 of said Act is amended to read as follows: Duties aond powers "SEC. 5. DUTIES AND POWERS OF THE COMMISSION, WARDENS, AND ens, and officers. OFFICERS. -That the Commission shall have authority to employ and remove game wardens, deputies, clerks, and such other assistants as may be necessary; to fix their periods of service and compensa- tion; to rent quarters; and to incur other necessary expenses payable from appropriations for carrying out the purposes of this Act, includ- ing printing and purchase, operation, maintenance and repair of aircraft; restocking depleted areas and emergency ieeding of wild- life; investigation of wildlife conditions; and protection of wildlife resources within the Territory; but, subject to review by the Commis- sion, the executive officer may suspend or remove any game warden or other employee for cause, including insubordination. 43 tat. 743 . SEC. 4. That section 10 of said Act is amended to read as follows: 48U.S.C.I198. Regulations for tak- "SEC. 10. REGULATIONS. -That the Secretary of Agriculture, upon ing game animal, etc. consultation with or recommendation from the Commission, is hereby authorized and directed from time to time to determine when, to what extent if at all, and by what means game animals, land fur-bear- ing animals, game birds, nongame birds, and nests or eggs of birds may be taken, possessed, transported, bought, or sold, and to adopt suitable regulations permitting and governing the same in accordance with such determinations, which regulations shall become effective on Prohibitions. the date specified therein; but no such regulations shall permit any person to take any female yearling or calf moose, any doe yearling or fawn deer? or any female or lamb mountain sheep except under permit for scientific, propagation, or educational purposes; or to use any dog in taking game animals; or to sell the heads, hides, or horns

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