§ 41. — Hunting, fishing, trapping; disturbance or injury on wildlife refuges.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 18USC41]
TITLE 18--CRIMES AND CRIMINAL PROCEDURE
PART I--CRIMES
CHAPTER 3--ANIMALS, BIRDS, FISH, AND PLANTS
Sec. 41. Hunting, fishing, trapping; disturbance or injury on
wildlife refuges
Whoever, except in compliance with rules and regulations promulgated
by authority of law, hunts, traps, captures, willfully disturbs or kills
any bird, fish, or wild animal of any kind whatever, or takes or
destroys the eggs or nest of any such bird or fish, on any lands or
waters which are set apart or reserved as sanctuaries, refuges or
breeding grounds for such birds, fish, or animals under any law of the
United States or willfully injures, molests, or destroys any property of
the United States on any such lands or waters, shall be fined under this
title or imprisoned not more than six months, or both.
(June 25, 1948, ch. 645, 62 Stat. 686; Pub. L. 103-322, title XXXIII,
Sec. 330016(1)(G), Sept. 13, 1994, 108 Stat. 2147.)
Historical and Revision Notes
Based on title 18, U.S.C., 1940 ed., Sec. 145 and Secs. 676, 682,
683, 685, 688, 689b, 692a, and 694a of title 16, U.S.C., 1940 ed.,
Conservation (Jan. 24, 1905, ch. 137, Sec. 2, 33 Stat. 614; June 29,
1906, ch. 3593, Sec. 2, 34 Stat. 607; Mar. 4, 1909, ch. 321, Sec. 84, 35
Stat. 1104; Aug. 11, 1916, ch. 313, 39 Stat. 476; June 5, 1920, ch. 247,
Sec. 2, 41 Stat. 986; Apr. 15, 1924, ch. 108, 43 Stat. 98; Feb. 28,
1925, ch. 376, 43 Stat. 1091; July 3, 1926, ch. 744, Sec. 6, 44 Stat.
821; July 3, 1926, ch. 776, Sec. 3, 44 Stat. 889; June 28, 1930, ch.
709, Sec. 2, 46 Stat. 828; Mar. 10, 1934, ch. 54, Sec. 2, 48 Stat. 400;
Reorg. Plan No. II, Sec. 4(f), 4 F.R. 2731, 53 Stat. 1433).
This revised section condenses, consolidates, and simplifies similar
provisions of sections 676, 682, 683, 685, 688, 689b, 692a, and 694a of
title 16, U.S.C., 1940 ed., with section 145 of title 18, U.S.C., 1940
ed., with such changes of phraseology as make clear the intent of
Congress to protect all wildlife within Federal sanctuaries, refuges,
fish hatcheries, and breeding grounds. Irrelevant provisions of such
sections in title 16 are to be retained in that title.
Because of the general nature of this consolidated section, no
specific reference is made to rules and regulations issued by the
Secretary of the Interior or any other personage, but only to rules and
regulations ``promulgated by authority of law''.
The punishment provided by the sections consolidated varied from a
fine not exceeding $100 or imprisonment not exceeding 6 months, or both,
in section 694a of title 16, U.S.C., 1940 ed., to a fine not exceeding
$1,000 or imprisonment not exceeding 1 year, or both, in sections 676,
685, and 688 of such title 16. The revised section adopts the punishment
provisions of the other five sections.
The references to ``misdemeanor'' in sections 676, 685, 688, 689b,
692a, and 694a of title 16, U.S.C., 1940 ed., were omitted as
unnecessary in view of definition of ``misdemeanor'' in section 1 of
this title, and also to conform with policy followed by codifiers of the
1909 Criminal Code, as stated in Senate Report 10, part 1, pages 12, 13,
14, Sixtieth Congress, first session, to accompany S. 2982.
Words ``upon conviction'', contained in sections 676, 685, 688,
689b, 692a, and 694a of title 16, U.S.C., 1940 ed., were omitted as
surplusage, because punishment can be imposed only after conviction.
Words ``in any United States court of competent jurisdiction'', in
sections 676, 685, and 688 of title 16, U.S.C., 1940 ed., words ``in any
United States court'', in sections 689b, 692a, and 694a of such title
16, and words ``in the discretion of the court'', in said sections 676,
685, 688, and 689b, were likewise omitted as surplusage.
Amendments
1994--Pub. L. 103-322 substituted ``fined under this title'' for
``fined not more than $500''.
