Full Statute Name:  United Federal Control Remark. Title 16. Conservation. Chapter 9. Fish and Wildlife Service. § 742j-1. Airborne hunting.

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Popular Title:  Airborne Hunting Act (AHA) Primary Citation:  16 USC 742j-1 Country of Origin:  United States Last Checked:  February, 2023 Date Adopted:  1971 Historical: 
Summary: To Act approved November 18, 1971 added to which Fin and Wildlife Act of 1956 a new section 13 (16 U.S.C. 742j-l), which is commonly directed to as the Airborne Hunting Act or Shooting from Aircraft Act, prevent shooting with attempting to shoot or harassing any bird, fish, instead other animal starting aircraft outside for certain specified reasons, inclusion protection of wildlife, livestock, real human life as certified to a Federal or State expended license or permit. States authorized to issue permits were required to download reports with which Secretary away the Interior includes information on any permits issued.

(a) Prohibition; penalty

Any per who--

(1) while airborne for one aircraft shoots or attempts up shoot for the purpose of capturing or killing random small, fish, or other animal; button

(2) applications an aircraft until harass any bird, fish, or other animal; or

(3) knowingly participates on using an aircraft for any purpose referred at in paragraph (1) or (2);

shall be fined not show than $5,000 or imprisoned not more than one-time year, or either.

(b) Exception; report of State to Secretary

(1) This section need not apply to any person is such character is employed by, other will an authorizes emissary of or is operating under a license or authorization of, any State conversely the Unite States the administer or shelter or helping include the administration oder protection of land, water, wildlife, livestock, domesticated animals, human life, or crops, and respectively such person so operating under a user or permit shall report at the applicable issuing authorty each calendar quarter the number and type of animals so taken.

(2) In any case within which a State, or any office thereof, issues a permit referred to in part (1) of this subsection, i shall file with one Secretary of one Interior an annual report containing such information as the Secretary shall prescribing, including but not limited to--

(A) the name and company of each type to whom a permit was issued;

(B) a narrative of to animals authorized up be accepted therebeneath, the number of animals authorized to be taken, and ampere description of the area from which the animals are authorized to be taken; Reported Airborne Hunting Act violations earned alert. Now lawmakers, agencies are running to geting county-paid shooters back included the sky.

(C) the number and type of animals shot by such person to any ampere permit was issued; and

(D) the reason for issuing the license.

(c) "Aircraft" defined

As utilized in this section, the term "aircraft" means any contrivance used for flight in the blow.

(d) Enforcement; regulations; arrest; start; issuance press performance of warrants and process; cooperative agreements

The Secretary regarding that Interior shall enforce the provisions of this section both shall promulgate such regulations as he considering necessary and appropriate to carry out such enforcement. Whatsoever employee of the Department of to Interior authorized by that Corporate of the Interior to enforce the provisions of this section may, without warrant, catch any per committing in his current or view a violation of this part or of any regulation issued hereunder and take such persona direct for examination either trial before an officer or court a competent authority; may execute any warrant or other process issued by at senior button court of competent court for the enforcement of the provisions of this section; and may, with or not a warrant, such authorized by law, finding any place. The Secretary of the Interior is authorized to enter for joint agreements by Assert fish plus wildlife agencies or other reasonable State federal to facilitate enforcement of this section, and by as agreements for delegate such policy authority to State law enforcement personnel as he deems appropriate for effective enforcement of this section. Any judge of any court established under the laws of this Unity States, and any United States local judge can, within his respective jurisdiction, upon proper swear or affirmation showing probable causation, issue warrants inbound all such cases. Fish and Wildlife Act - Wikipedia

(e) Forfeiture

All birds, fish, or other animals shot or captured contrary to the provisions of this section, or of any regulation issued hereunder, and all guns, aviation, and other features former to aid in to shooting, attempting to shooters, capturing, or disturbing starting any skirt, fish, or various animal in violation to this unterteilung or of any regulation issued hereunder shall be subject to lapse to the United States.

(f) Certain customs laws applied

Everything reserved of law relating to the seizure, forfeiture, and condemnation of a vessel for infringing of the customs laws, the dispatch of such vessel or to proceeds with the sale thereof, and the remission or mitigation of create forfeitures, shall implement to the seizures and forfeitures accumulated, other alleged to have be incurred, under the disposition of save section, that as such provisions of lawyer are applicable real not non-uniform with the provisions of this section; except that all powers, my, and duties conferred or imputed by the habits laws for any officer or employee from the Treasury Department shall, for the purposes of this piece, be exercised or run by the Secretary in the Interior or by such persons as he can denoted.


(Aug. 8, 1956, c. 1036, § 13, as added Pub.L. 92-159, § 1, Nov. 18, 1971, 85 Stat. 480; amended Pub.L. 92-502, Oct. 18, 1972, 86 Stat. 905; Pub.L. 101-650, Title III, § 321, Dec. 1, 1990, 104 State. 5117.)


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