Federal · Title 16 — Conservation
16 U.S.C. § 718: Repealed. Pub. L. 109–266, § 10(h) , Aug. 3, 2006 , 120 Stat. 677
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on March 16, 1934 , Congress passed and President Roosevelt signed the Act of March 16, 1934 ( 16 U.S.C. 718a [718] et seq.) (popularly known as the ‘Duck Stamp Act’), which requires all migratory waterfowl hunters 16 years of age or older to buy a Federal migratory bird hunting and conservation stamp annually; the Federal Duck Stamp program has become one of the most popular and successful conservation programs ever initiated; because of that program, the United States again is teeming with migratory waterfowl and other wildlife that benefit from wetland habitats; as of the date of enactment of this Act [ Aug. 3, 2006 ], 1,700,000 migratory bird hunting and conservation stamps are sold each year; as of 2003, those stamps have generated more than $600,000,000 in revenue that has been used to preserve more than 5,000,000 acres of migratory waterfowl habitat in the United States; and many of the more than 540 national wildlife refuges have been paid for wholly or partially with that revenue. The term ‘actual stamp’ means a Federal migratory-bird hunting and conservation stamp required under the Act of March 16, 1934 ( 16 U.S.C. 718a [718] et seq.) (popularly known as the ‘Duck Stamp Act’), that is printed on paper and sold through a means in use immediately before the date of enactment of this Act [ Aug. 3, 2006 ]. The term ‘automated licensing system’ means an electronic, computerized licensing system used by a State fish and wildlife agency to issue hunting, fishing, and other associated licenses and products. The term ‘automated licensing system’ includes a point-of-sale, Internet, or telephonic system used for a purpose described in subparagraph (A). is a unique identifier for the individual to whom it is issued; can be printed on paper; is issued through a State automated licensing system that is authorized, under State law and by the Secretary under this Act, to issue electronic stamps; is compatible with the hunting licensing system of the State that issues the electronic stamp; and is described in the State application approved by the Secretary under section 4(b). The term ‘Secretary’ means the Secretary of the Interior. The Secretary shall conduct a 3-year pilot program under which up to 15 States authorized by the Secretary may issue electronic stamps. use all means necessary to expeditiously implement this section by the date that is 1 year after the beginning of the first full Federal migratory waterfowl hunting season after the date of enactment of this Act [ Aug. 3, 2006 ]; and carry out the pilot program for 3 Federal migratory waterfowl hunting seasons. The Secretary shall carry out the program in consultation with State management agencies. A State may not participate in the pilot program under this Act unless the Secretary has received and approved an application submitted by the State in accordance with this section. a description of the format of the electronic stamp that the State will issue under the pilot program, including identifying features of the licensee that will be specified on the stamp; a description of any fee the State will charge for issuance of an electronic stamp; a description of the process the State will use to account for and transfer to the Secretary the amounts collected by the State that are required to be transferred to the Secretary under the program; the manner by which the State will transmit electronic stamp customer data to the Secretary; the manner by which actual stamps will be delivered; the policies and procedures under which the State will issue duplicate electronic stamps; and such other policies, procedures, and information as may be reasonably required by the Secretary. deadlines for submission of applications to participate in the program; eligibility requirements for participation in the program; and criteria for selecting States to participate in the program. by not later than the date on which the electronic stamp expires under section 7(c); and in a manner agreed upon by the State and Secretary. the first name, last name, and complete mailing address of each individual that purchases an electronic stamp from the State; the face value amount of each electronic stamp sold by the State; and the amount of the Federal portion of any fee required by the agreement for each stamp sold. by not later than the 15th day of the subsequent month; or as otherwise specified in the application of the State approved by the Secretary under section 5. This section shall not apply to the State portion of any fee collected by a State under subsection (c). A State participating in the pilot program may charge a reasonable fee to cover costs incurred by the State and the Department of the Interior in issuing electronic stamps under the program, including costs of delivery of actual stamps. A State participating in the pilot program may issue a duplicate electronic stamp to replace an electronic stamp issued by the State that is lost or damaged. A State may not require that an individual purchase a State hunting license as a condition of issuing an electronic stamp under the pilot program. to have the same format as any other license, validation, or privilege the State issues under the automated licensing system of the State; and to specify identifying features of the licensee that are adequate to enable Federal, State, and other law enforcement officers to identify the holder. bestow upon the licensee the same privileges as are bestowed by an actual stamp; be recognized nationally as a valid Federal migratory bird hunting and conservation stamp; and authorize the licensee to hunt migratory waterfowl in any other State, in accordance with the laws of the other State governing that hunting. An electronic stamp issued by a State under the pilot program shall be valid for a period agreed to by the State and the Secretary, which shall not exceed 45 days. finds that the State has violated any of the terms of the application of the State approved by the Secretary under section 5; and provides to the State written notice of the termination by not later than the date that is 30 days before the date of termination; or by the State, by providing written notice to the Secretary by not later than the date that is 30 days before the termination date. increased the availability of those stamps; assisted States in meeting the customer service objectives of the States with respect to those stamps; maintained actual stamps as an effective and viable conservation tool; and maintained adequate retail availability of the actual stamp. The Secretary shall submit to Congress a report on the findings of the Secretary under subsection (a).”
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