Page:United States Statutes at Large Volume 83.djvu/309

 83 STAT. ]

PUBLIC LAW 9 1 - 1 3 5 - D E C. 5, 1969

281

"(f)

For the p u r p o s e of this section, the term — " (1) ' Secretary ' means the Secretary of the Interior; " (2) 'person' means any i n d i v i d u a l, firm, corporation, association, or part n e r s l i i p; "(:>) 'Avildlife' means any wihl m a n n n a l, wild b i r d, a m p h i b i a n, reptile, mollusk, or crustacean, or any part, egg, or otfspring thereof, or the dead body or part s thereof, b u t does not include m i g r a to r y b i r d s for which protection is afforded under the M i g r a to r y B i r d T r e a t y Act, as amended; " (4) ' State ' means the several States, the District of Columbia, the C o m m o n w e a l t h of P u e r to Rico, A u i e r i c a n S a m o a, the V i r g i n Islands, and G u a m; and " (5) ' t a k e n ' means c a p t u r e d, killed, collected, or otherwise possessed." (b) Section ^054 of title 18 of the United States Code is amended to read as follows: "§ 3054. Officers' p o w e r s i n v o l v i n g a n i m a l s and b i r d s " Any employee a u t h o r i z e d by the Secretary of the Interior to enforce sections 4'2, 43, and 44 of this title, and any officei- of the customs, ^

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juay arrest any person Avno violates section 42 or 44, or who such 62 Stat. 687. employee or officer of the customs has probable cause to believe is knowingly and willfully violating section -J3, in his presence or view, and may execute any Avarrant or other process issued by an officer or court of competent jurisdiction to enforce the provisions of said sections.''. (c) Section 3112 of title 18 of the United States Code is amended to ^2 Stat. 820. read;)s follows: "§ 3112. S e a r c h w a r r a n t s for s e i z u r e of a n i m a l s, birds, or e g g s ' ' Any employee a u t h o r i z e d by the Secretary of the Iilierior to enforce sections 42, 4;'), and 44 of this title, and any officer of the customs, shall have authority to execute any warrant to search for aiul seize any wildlife, p r o d u c t, property, or item used or possessed in connection with a violation of section 42 or 44, or in connection with a k n o w i n g and willfid violation of section 43, and any such wildlife, p r o d u c t, l)roperty, or item so seized shall be held by him or by the United States m a r s h a l pendina' disposition thereof by the court.'". Si:c. 8. (a) The first p a r a g r a ]) h in 'section 44 of title 18, United working and States Code, is amended by deleting "Avild animals or b i r d s, or the sionsT^ providead bodies or part s thereof," and inserting " any Avild m a m m a l, Avild bird, amphibian, or reptile, oi- any mollusk or crustacean, or the d e a d b o d y or part s or eggs thereof." (b) Section 44 of title 18, United States Code, is amended by a d d i n g at the end thereof a new paragraph to read as folloAA's: " I n any case Avhere the m a r k i n g, labeling, or t a g g i n g of a p a c k a g e under t h i s section i n d i c a t i n g in any Avay the contents thereof would create a significant possibility of theft of the p a c k a g e or its contents, the Secretary of the Interior may, upon request of the owner thereof or his a g e n t or by r e g u l a t i o n, p r o v i d e some other reasonable means of not i f v i n g appropriate author-ities of the contents of such p a c k a g e s. " SF.C. b. (a) Section 2 of the B l a c k B a s s Act (44 Stat. 576), as a^endLn^s" ^ amended (10 I '. S. C. 852), is amended to read as folloAA'S: Tl"s^^?5^*7. " S K ( \ 2. I t shall be uidawful for any person—• " (1) to deliver or receive for transportation, or to transport, by any means Avhatsoever, in interstate or foreign commerce*, any black bass aiul other fish, if such person k n o w s or in the exercise of due care should k n o w that (A) such delivery or transportation is c o n t r a r y to the hiAV of the State or any foreign c o u n t r y from which such black bass or other fish is found or t r a n s p o r t e d, or is c o n t r a r y to other applicable law, or (B) such black bass or other

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