Washington : Government Printing Office
|Chap. 368||Protection of walruses in Alaska. Penalty for possession, etc.|
Provisos. Taking for food and clothing.
|Chap. 368||For scientific purposes.|
|Sec. 2||Enforcement of act.|
|Sec. 2||43 Stat. 741.
48 U. S. C. § 192.
|Sec. 4||Acts repealed.|
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That whoever, within the Territory of Alaska or in or on any of the waters thereof, shall take, possess, sell, barter, purchase, or export, at any time or in any manner, any walrus, alive or dead, or any part thereof, except as hereinafter in this section provided, shall be fined not more than $500 or imprisoned not more than six months, or both: Provided, That walruses may be taken at any time by natives for food and clothing for themselves and by miners or explorers or any other person when in need of food and other food is not available, and the skins, hides, tusks, or ivory of walruses so taken may be possessed, sold, bartered, or purchased in the Territory and said tusks or ivory, when carved or otherwise manufactured or processed in the Territory, may be exported therefrom: Provided further, That the Secretary of the Interior is authorized to permit the taking, possession, and export of walruses or parts thereof for scientific or educational purposes under special permits to be issued by him under such restrictions and conditions as he shall prescribe.
That it shall be the duty of all marshals and deputy marshals, collectors and deputy collectors of customs, officers of the Coast Guard, and law-enforcement officers of the Fish and Wildlife Service and the Alaska Game Commission of the Department of the Interior to enforce this Act and they shall have, with respect to such enforcement, all the powers and authority conferred by the second paragraph of section 5 of the Alaska Game Law of January 13, 1925 (43 Stat. 739), as amended by the Acts of February 14, 1931, and June 25, 1938 (46 Stat. 1111 and 52 Stat. 1169, respectively), upon the officers therein mentioned; and all guns, traps, nets, boats, dogs, sleds, implements, or other paraphernalia used in or in aid of a violation of this Act, and any walrus, or part thereof, taken, possessed, sold, bartered, purchased, or exported contrary to this Act, shall be seized by the officers authorized to enforce this Act, and upon conviction of the offender or upon judgment of a court of the United States that the same were being used or were taken, possessed, sold, bartered, purchased, or exported contrary to the provisions of this Act, shall be forfeited to the United States and disposed of as directed by the court having jurisdiction, and if sold the proceeds of sale, less any expenses incurred in and about the seizure and forfeiture thereof, shall be deposited in the Treasury to the credit of miscellaneous receipts.
That as used in this Act "whoever" includes individuals, associations, partnerships, and corporations; "take" includes also pursue, hunt, shoot, wound, kill, capture, trap, or willfully molest or disturb; "export" means transportation or offering for transportation from the Territory of Alaska or any of the waters thereof to any place outside said Territory or waters; and "natives" means Eskimos, Aleuts, and other aborigines of one-half or more Eskimo, Aleut, or other aboriginal blood.
That all other Acts or parts of Acts insofar as they relate to walruses in the Territory of Alaska or in or on any of the waters thereof are hereby repealed.
Approved, August 18, 1941.