showing the name and address of each person purchasing or otherwise procuring it and the kind and amount thereof, which record shall at all times be open to inspection by any game warden or other officer authorized to enforce this Act, and he shall transmit such information monthly to the commission. (Jan. 13, 1925, sec. 9, 43 Stat. 743: 48 U. S. C., sec. 197.)

2038. Regulations.-That the Secretary of Agriculture, upon consultation with or recommendation from the commission, is hereby authorized and directed from time to time to determine when, to what extent, if at all, and by what means game animals, land furbearing animals, game birds, nongame birds, and nests or eggs of birds may be taken, possessed, transported, bought, or sold, and to adopt suitable regulations permitting and governing the same in accordance with such determinations, which regulations shall become effective ninety days after the date of publication thereof by the Secretary of Agriculture; but no such regulation shall permit any person to take any female yearling or calf moose, any doe yearling or fawn deer, or any female or lamb mountain sheep except under permit for scientific, propagation, or educational purposes; or to use any dog in taking game animals; or to sell the heads, hides, or horns of any game animals, except the hides of moose, caribou, deer, and mountain goat which the regulations may permit to be sold under such restrictions as the Secretary may deem to be appropriate; or to use any shotgun larger than a number 10 gauge; or to use any airplane, steam or power launch, or any boat other than one propelled by paddle, oars, or pole in taking game animals or game birds; or to sell any game animals, game birds, or parts thereof, to the owner, master, or employee of any coastal or river steamer or commercial power or sail boat, or to procure for serving or to serve any such game animals, game birds, or parts thereof, in any cannery or to the employees on any such steamer or boat; nor, except as herein provided, shall prohibit any Indian or Eskimo, prospector, or traveler to take animals or birds during the closed season when he is in absolute need of food and other food is not available, but the shipment or sale of any animals or birds or parts thereof so taken shall not be permitted, except that the hides of animals so taken may be sold within the Territory, but the Secretary by regulation may prohibit such native Indians or Eskimos, prospectors, or travelers from taking any species of animals or birds for food during the closed season in any section of the Territory within which he shall determine that the supply of such species of animals or birds is in danger of extermination; nor shall any such regulation contravene any of the provisions of the migratory bird treaty Act [16 U. S. C., secs. 703-711] and regulations: Provided, That no person shall knowingly disturb, injure, or destroy any notice, signboard, seal, boat, vessel, sled, dog, or dog team, paraphernalia, or equipment, building, or other improvement or property of the United States used by the commission in the administration and/or enforcement of the provisions of this Act, or as a notice to the public concerning the provisions of this Act or any regulation adopted pursuant thereto, or as a marker of the boundary of any area closed to hunting, trapping, or other special use under the provisions of this Act, or to destroy, remove, tamper with, or imitate any metal seal or seals issued by the commission and attached to any skin, portion, or specimen of a wild

animal or bird or other article for purposes of identification under its authority, in accordance with the provisions of this Act or any regulation thereunder. (Jan. 13, 1925, sec. 10, 43 Stat. 743; Feb. 14, 1931, sec. 5, 46 Stat. 1112; 48 U. S. C., sec. 198.)

2039. Licenses: Subdivision A. Nonresident hunting license. That, except as otherwise permitted by this Act, or by regulation made pursuant thereto, no nonresident shall take or possess any of the animals or birds protected by this Act without first having procured a nonresident hunting and trapping license as herein provided.

Subdivision B. Resident export license and permit. That no resident of the Territory shall transport therefrom any game animal, bird, or part thereof, unless he has (a) a resident export and return license, which will entitle him to transport out of the Territory for mounting and return to him in the Territory within one year such game animal, bird, or part thereof, as shall have been legally acquired by him and which shall be specifically identified in license, or (b) a resident export permit, which may be issued by the commission in its discretion, and which will entitle him to export from the Territory for other than return, but not for sale, such game animal, bird, or part thereof as shall have been legally acquired by him and which shall be specifically identified in the permit.

Subdivision C. Resident hunting and trapping licenses.-That the commission, whenever it shall deem expedient, may by regulation require residents of the Territory to procure resident hunting and trapping licenses authorizing them to take animals and birds protected by this Act, and when such licenses shall have been required of residents the fee therefor shall be as follows: For each hunting license the sum of $1 and for each trapping license the sum of $2, but no such license shall be required of native-born Indians, Eskimos, or halfbreeds who have not severed their tribal relations by adopting a civilized mode of living or by exercising the right of franchise or of residents under the age of sixteen: Provided, That a licensed trapper shall be entitled to the privilege of hunting without a hunting license. After the expiration of ninety days from the publication of such regulation no resident shall take any animal or bird protected by this Act without having first procured resident hunting and trapping licenses as herein provided.

Subdivision D. Registered guide license.-That only a resident citizen or a resident native Indian or Eskimo of the Territory may act as guide for a nonresident in any section of the Territory where the commission by regulation requires nonresidents to employ guides, and he shall first register with the commission on a form which it shall provide for this purpose and procure a registered guide license as herein provided, and the commission shall determine by regulation the qualifications required of such guides. No person other than a registered guide shall act as guide for a nonresident in any section of the Territory where guides are required by regulation of the commission to be registered.

Subdivision E. Alien special license. That no alien shall take any of the animals or birds protected by this Act, or own or be possessed of a shotgun, rifle, or other firearm, except under an alien special license issued as herein provided.

Subdivision F. Records, reports.-Each person to whom a license is issued to take animals or birds, or to deal in furs, shall keep records

which shall show the kind and number of each species of animals or birds so taken, purchased, or otherwise procured under such license, the persons from whom they were purchased and to whom they were sold, date of purchase or sale, name of the trapper, and the number of the trapper's license, and shall, on or before thirty days after the expiration of his license, make a written report to the commission on a form prepared and furnished by it setting forth in full the data herein required to be recorded. Such records shall at all reasonable times be subject to inspection and examination by a member of the commission and any of its employees and by any marshal or deputy marshal. Any licensee who shall fail correctly to keep such records or who shall fail to submit such report or who shall in any such report knowingly falsely state any such data or who shall refuse to exhibit his records for inspection and examination as herein required shall be punished as prescribed in section 15 of this Act [48 U. S. C., sec. 202].

Subdivision G. Fur-farm license. That no person shall engage in the business of farming land fur-bearing animals or possess them for purposes of propagation without first having procured a fur-farm license as herein provided.

Subdivision H. Fur dealers, licenses, fees.-No person shall buy or sell the skins of fur-bearing animals, or engage in, carry on, or be concerned in the business of buying, selling, or trading in the skins of fur-bearing animals protected by this Act without first having procured a license as herein provided, but no license shall be required of a native-born resident Indian, Eskimo, or half-breed who has not severed his tribal relations by adopting a civilized mode of living or by exercising the right of franchise, or of cooperative stores operated exclusively by and for native Indians, Eskimos, or half-breeds, or of stores operated by missions exclusively for native Indians, Eskimos, or half-breeds: Provided, That the stores exempted from procuring licenses as herein provided shall, on or before thirty days after the expiration of each license year as specified in this Act, make a written statement to the commission on a form prepared and furnished by it setting forth such material facts concerning the management and operation of such store as the commission may by such form require, and in addition thereto shall keep the records, make the reports, incur the penalties, and in all other respects be subject to the requirements of subdivision F of Section 11 to the same extent as licensed fur dealers, or of a hunter or trapper selling the skins of such animals which he has lawfully taken, or of a person not engaged or employed in the business of trading in such skins to purchase them for his own use but not for sale.

The applicant for such a license shall accompany his application by the required fee, as follows:

(a) If the applicant is a resident of the Territory, $10; or is an association or copartnership composed exclusively of residents of the Territory, organized under the laws of the Territory, for each member, $10.

(b) If the applicant is a nonresident of the Territory who is a citizen of the United States, or is a corporation composed exclusively of citizens of the United States, organized under the laws of the Territory or of a State of the United States, or is an association or copartnership composed exclusively of citizens of the United States,

organized under the laws of the Territory or of a State of the United States, any member of which is a nonresident of the Territory, $100.

(c) If the applicant is an alien, or is a corporation, association, or copartnership, not organized under the laws of the Territory or of a State of the United States, or is a corporation, association, or copartnership, any stockholder or member of which is an alien, $500.

(d) If the applicant is a resident of the Territory and an agent in charge of a station of a fur dealer of either of the classes (a), (b), or (c), or a resident itinerant agent of such dealer, $10.

(e) If the applicant is a nonresident of the Territory but a citizen of the United States and an agent in charge of a station of a fur dealer of either of the classes (a), (b), or (c), or a nonresident citizen itinerant agent of such dealer, $100.

(f) If the applicant is an alien and an agent in charge of a station of a fur dealer of either of the classes (a), (b), or (c), or an alien itinerant agent of such dealer, $500: Provided, That no license shall be issued to any agent whose principal has not procured a license in accordance with (a), (b), or (c).

Subdivision I. Fees and applications for, and issuance of licenses and permits.-Licenses and resident export permits shall be issued by the commission through its members, game wardens, and other persons authorized by it in writing to sell licenses. Resident export licenses and permits may also be issued by customs officers. Application blanks for licenses and permits shall be furnished by the commission and shall be in such form as the commission may by regulation determine. Each application shall be subscribed and sworn to by the applicant before an officer authorized to administer oaths in the Territory. Members of the commission and its game wardens and other persons authorized in writing by it to issue licenses, and postmasters and customs officers, are hereby authorized to administer such oaths. The applicant for a license or resident export permit shall accompany his application with a license or permit fee as follows: Nonresident general hunting and trapping license, $50; nonresident small-game hunting license, $10; resident export and return license, $1 for each trophy; resident export permit, if removing residence, $1 for each animal, $1 for each bird, if otherwise, $5 for each animal, $1 for each bird; registered guide license, $10; alien special license, $100; and fur-farm license, $2.

Subdivision J. False statement in application for and alteration and expiration of licenses.-That any false statement in an application for license as to citizenship, place of residence, or other material facts shall render null and void the license issued upon it. Any person who shall make any false statement in an application for a license shall be deemed guilty of perjury, and upon conviction thereof shall be subject to the penalties provided for the commission of perjury. No person shall alter, change, loan, or transfer to another any license issued to him in pursuance of this Act, nor shall any person other than the one to whom it is issued use such license; and each of such licenses shall expire the 30th day of June next succeeding its issuance.

Subdivision K. Proceeds of licenses, disposition of. That each officer or person selling licenses shall, as soon as practicable after the first day of each month, transmit the proceeds thereof with a

report of such sales to the executive officer, who shall keep accurate records thereof and of receipts from all other sources and promptly transmit 50 per centum thereof to the Secretary of Agriculture, to be covered into the Treasury of the United States as miscellaneous receipts, and 50 per centum thereof to the treasurer of the Territory to be covered into the territorial school fund. (Jan. 13, 1925, sec. 11, 43 Stat. 744; Feb. 14, 1931, secs. 6-11, 46 Stat. 1111; 48 U. S. C., sec. 199.)

2040. Collectors of customs, duties of. That it shall be the duty of collectors of customs at ports of entry in the United States to keep accurate accounts of all consignments of game birds, game animals, skins of land fur-bearing animals, and parts thereof received from or returned to the Territory, except birds, nests, and eggs shipped under a scientific permit issued by the Secretary of Agriculture; and it shall be the duty of all collectors of customs to enforce the provisions of regulations adopted pursuant to this Act with respect to shipments of animals or birds or nests or eggs of birds. (Jan. 13, 1925, sec. 12, 43 Stat. 746; 48 U. S. C., sec. 200.)

2041. United States attorneys, duties of. That it shall be the duty of the United States attorney for the division in which any wild animal or wild bird, or part thereof, or nest or egg of such bird, or any gun, trap, net, boat, dog, sled, or other paraphernalia has been seized, or has been used, taken, transported, bought, sold, or possessed contrary to the provisions of this Act, to institute an action in rem against it for the forfeiture thereof to the United States in any case in which the disposition of such article is not involved in a criminal prosecution; the possession of any wild animal, bird, or part thereof, or nest or egg of such bird, during the time when the taking of it is prohibited, shall, in any such action, constitute prima facie evidence that it was taken, possessed, bought, sold, or transported in violation of the provisions of this Act, and the burden of proof shall be upon the possessor or claimant of it to overcome the presumption of illegal possession and to establish the fact that it was obtained and is possessed lawfully; and in case of judgment being rendered in favor of the United States, it shall be disposed of as directed by the court having jurisdiction, and if sold, the proceeds of sale shall be transmitted by the clerk of the court to the executive officer to be disposed of as are other receipts of the commission: Provided, That no action in rem shall be required with respect to any wild animal or bird, or part thereof, or any gun, net, trap, or other device possessed or used in or in aid of a violation of this Act and legally seized when claimant thereof releases such article or articles to the United States by a voluntary release in writing witnessed by two disinterested parties, in which case such articles shall be disposed of by the commission, and if sold the proceeds shall be disposed of as provided in this section. (Jan. 13, 1925, sec. 13, 43 Stat. 746; Feb. 14, 1931, sec. 12, 46 Stat. 1114; 48 U. S. C., sec. 201.) 2042. Penalties. That unless a different or other penalty or punishment is herein specifically prescribed, a person who violates any provision of this Act, or who fails to perform any duty imposed by this Act or any order or regulation adopted pursuant to this Act, is guilty of misdemeanor and upon conviction thereof shall be fined not less than $25 nor more than $500 or be imprisoned not more than six months, or both; and in addition thereto any person convicted of