--- kind: "range" citation: "16 U.S.C. §§ 718–718b" title: "16" from: "718" to: "718b" count: 3 release: "119-102" url: "https://uscodex.org/usc/16/718..718b" --- # [§718. Repealed. Pub. L. 109–266, § 10(h), Aug. 3, 2006, 120 Stat. 677 — repealed] # §718a. Prohibition on taking - (a) **Prohibition—** - (1) **In general—** Except as provided in [paragraph (2)](#a-2), no individual who has attained the age of 16 years shall [take](/usc/16/718j.md?p=b-5) any [migratory waterfowl](/usc/16/718j.md?p=b-2) unless, at the time of the taking, the individual carries on the [person](/usc/16/450rr–1.md?p=b) of the individual a valid Migratory Bird Hunting and [Conservation](/usc/16/6456.md?p=2) Stamp, as an electronic stamp (as defined in [section 718o](/usc/16/718o.md) of this title) or validated by the signature of the individual written in ink across the face of the actual stamp (as defined in that section) prior to the time of the taking by the individual of the waterfowl. - (2) **Exception—** No stamp described in [paragraph (1)](#a-1) shall be required for the taking of [migratory waterfowl](/usc/16/718j.md?p=b-2)— - (A) by Federal or [State](/usc/16/718j.md?p=b-4) agencies; - (B) for propagation; - (C) by the resident [owner](/usc/16/429b–3.md?p=4), tenant, or sharecropper of the property, or officially designated agencies of the Department of the Interior, for the killing, under such restrictions as the [Secretary](/usc/16/718j.md?p=b-3) may by regulation prescribe, of such waterfowl when found damaging crops or other property; or - (D) by a rural Alaska resident for subsistence [uses](/usc/16/410hhh–1.md?p=10) (as that term is defined in [section 3113 of this title](/usc/16/3113.md)). - (b) **Display of stamp—** Any individual to whom a stamp has been sold under this subchapter shall, upon request, display the stamp for inspection to— - (1) any officer or employee of the Department of the Interior who is authorized to enforce this subchapter; or - (2) any officer of any [State](/usc/16/718j.md?p=b-4) or political [subdivision](/usc/16/539m–1.md?p=15) of a [State](/usc/16/718j.md?p=b-4) authorized to enforce [State](/usc/16/718j.md?p=b-4) game laws. - (c) **Other licenses—** Nothing in this section requires any individual to affix the Migratory Bird Hunting and [Conservation](/usc/16/6456.md?p=2) Stamp to any other license prior to taking 1 or more [migratory waterfowl](/usc/16/718j.md?p=b-2). # §718b. Sales; fund disposition; unsold stamps - (a) **Sales—** - (1) **In general—** The stamps required under [section 718a of this title](/usc/16/718a.md) shall be sold by the Postal Service and may be sold by the Department of the Interior, pursuant to regulations promulgated jointly by the Postal Service and the [Secretary](/usc/16/718j.md?p=b-3), at— - (A) any post office; and - (B) such other establishments, facilities, or locations as the Postal Service or the [Secretary](/usc/16/718j.md?p=b-3) (or a designee) may direct or authorize. - (2) **Proceeds—** The [funds](/usc/16/1421h.md?p=2) received from the sale of stamps under this subchapter by the Department of the Interior shall be deposited in the Migratory Bird [Conservation](/usc/16/6456.md?p=2) [Fund](/usc/16/1421h.md?p=2) in accordance with [section 718d of this title](/usc/16/718d.md). - (3) **Minimum and maximum values—** Except as provided in [subsection (b)](#b), the Postal Service shall collect the full face value of each stamp sold under this section for the applicable [hunting year](/usc/16/718j.md?p=b-1). - (4) **Validity—** No stamp sold under this subchapter shall be valid under any circumstances to authorize the taking of [migratory waterfowl](/usc/16/718j.md?p=b-2) except— - (A) in compliance with Federal and [State](/usc/16/718j.md?p=b-4) laws (including regulations); - (B) on the condition that the individual so taking the waterfowl wrote the signature of the individual in ink across the face of the stamp prior to the taking; and - (C) during the [hunting year](/usc/16/718j.md?p=b-1) for which the stamp was issued. - (5) **Unused stamps—** - (A) **Definition of retail dealer—** In this paragraph, the term “retail dealer” means— - (i) any individual or entity that is regularly engaged in the business of retailing hunting or [fishing](/usc/16/7901.md?p=b) equipment; and - (ii) any individual or entity duly authorized to act as an agent of a [State](/usc/16/718j.md?p=b-4) or political [subdivision](/usc/16/539m–1.md?p=15) of a [State](/usc/16/718j.md?p=b-4) for the sale of [State](/usc/16/718j.md?p=b-4) or county hunting or [fishing](/usc/16/7901.md?p=b) licenses. - (B) **Redemption of unused stamps—** The Department of the Interior, pursuant to regulations promulgated by the [Secretary](/usc/16/718j.md?p=b-3), shall provide for the redemption, on or before the 30th day of June of each year, of unused stamps issued for the year under this subchapter that— - (i) were sold on consignment to any [person](/usc/16/450rr–1.md?p=b) authorized by the [Secretary](/usc/16/718j.md?p=b-3) to sell stamps on consignment (including [retail dealers](#a-5-A) for resale to customers); and - (ii) have not been resold by any such [person](/usc/16/450rr–1.md?p=b). - (6) **Prohibition on certain stamp sales—** The Postal Service shall not— - (A) sell on consignment any stamps issued under this subchapter to any individual, business, or organization; or - (B) redeem stamps issued under this subchapter that are sold on consignment by the [Secretary](/usc/16/718j.md?p=b-3) (or any agent of the [Secretary](/usc/16/718j.md?p=b-3)). - (b) **Cost of stamps—** The Postal Service shall collect $10.00 for each stamp sold under the provisions of this section for [hunting years](/usc/16/718j.md?p=b-1) 1987 and 1988, $12.50 for [hunting years](/usc/16/718j.md?p=b-1) 1989 and 1990, $15.00 for [hunting years](/usc/16/718j.md?p=b-1) 1991 through 2013, and $25 for each [hunting year](/usc/16/718j.md?p=b-1) thereafter, if the [Secretary](/usc/16/718j.md?p=b-3) determines, at any time before February 1 of the calendar year in which such [hunting year](/usc/16/718j.md?p=b-1) begins, that all sums in the Migratory Bird [Conservation](/usc/16/6456.md?p=2) [Fund](/usc/16/1421h.md?p=2) available for obligation and attributable to— - (1) amounts appropriated pursuant to this subchapter for the fiscal year ending in the immediately preceding calendar year; and - (2) the sale of stamps under this section during such fiscal year have been obligated for expenditure. - (c) **Reduction in price of stamp—** The [Secretary](/usc/16/718j.md?p=b-3) may reduce the price of each stamp sold under the provisions of this section for a [hunting year](/usc/16/718j.md?p=b-1) if the [Secretary](/usc/16/718j.md?p=b-3) determines that the increase in the price of the stamp after [hunting year](/usc/16/718j.md?p=b-1) 2013 resulted in a reduction in revenues deposited into the [fund](/usc/16/1421h.md?p=2).