16 U.S. Code § 718 - Repealed. Pub. L. 109–266, § 10(h), Aug. 3, 2006, 120 Stat. 677
Section, act Mar. 16, 1934, ch. 71, § 9, 48 Stat. 452, defined subchapter terms.
Short Title of 2014 Amendment
Short Title of 2006 Amendment
“This Act [enacting sections 718g to 718j of this title, amending sections 718a to 718f of this title, repealing this section and former sections 718g, 718h, and 718j of this title, and enacting provisions set out as notes under this section] may be cited as the ‘Electronic Duck Stamp Act of 2005’.”
Short Title of 1998 Amendment
“This Act [enacting this subchapter] may be cited as the ‘Migratory Bird Hunting and Conservation Stamp Act’.”
Electronic Duck Stamp Pilot Program
FINDINGS.“Congress finds that—
on March 16, 1934, Congress passed and President Roosevelt signed the Act of March 16, 1934 (16 U.S.C. 718a  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;
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;
many of the more than 540 national wildlife refuges have been paid for wholly or partially with that revenue.
DEFINITIONS.“In this Act [see Short Title of 2006 Amendment note above]:
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  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].
“(2) Automated licensing system.—
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).
“(3)Electronic stamp.—The term ‘electronic stamp’ means an electronic version of an actual stamp that—
is a unique identifier for the individual to whom it is issued;
can be printed on paper;
ELECTRONIC DUCK STAMP PILOT PROGRAM.
“(a)Requirement To Conduct Program.—
“(b)Commencement and Duration of Program.—The Secretary shall—
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
The Secretary shall carry out the program in consultation with State management agencies.
“(a)Approval of Application Required.—
“(b)Contents of Application.—The Secretary may not approve a State application unless the application contains—
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;
the manner by which actual stamps will be delivered;
such other policies, procedures, and information as may be reasonably required by the Secretary.
“(c)Publication of Deadlines, Eligibility Requirements, and Selection Criteria.—Not later than 30 days before the date on which the Secretary begins accepting applications for participation in the pilot program, the Secretary shall publish—
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.
STATE OBLIGATIONS AND AUTHORITIES.
“(a)Delivery of Actual Stamp.—The Secretary shall require that each individual to whom a State sells an electronic stamp under the pilot program shall receive an actual stamp—
by not later than the date on which the electronic stamp expires under section 7(c); and
“(b) Collection and Transfer of Electronic Stamp Revenue and Customer Information.—
“(1)Requirement to transmit.—The Secretary shall require each State participating in the pilot program to collect and submit to the Secretary in accordance with this section—
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.
“(2)Time of transmittal.—The Secretary shall require the submission under paragraph (1) to be made with respect to sales of electronic stamps by a State occurring in a month—
by not later than the 15th day of the subsequent month; or
“(c)Electronic Stamp Issuance Fee.—
“(d)Duplicate Electronic Stamps.—
ELECTRONIC STAMP REQUIREMENTS; RECOGNITION OF ELECTRONIC STAMP.
“(a)Stamp Requirements.—The Secretary shall require an electronic stamp issued by a State under the pilot program—
to specify identifying features of the licensee that are adequate to enable Federal, State, and other law enforcement officers to identify the holder.
“(b)Recognition of Electronic Stamp.—Any electronic stamp issued by a State under the pilot program shall, during the effective period of the electronic stamp—
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.
TERMINATION OF STATE PARTICIPATION.“Participation by a State in the pilot program may be terminated—
“(1) by the Secretary, if the Secretary—
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
“(a)Evaluation.—The Secretary, in consultation with State fish and wildlife management agencies and appropriate stakeholders with expertise specific to the duck stamp program, shall evaluate the pilot program and determine whether the pilot program has provided a cost-effective and convenient means for issuing migratory-bird hunting and conservation stamps, including whether the program has—
increased the availability of those stamps;
maintained actual stamps as an effective and viable conservation tool; and
maintained adequate retail availability of the actual stamp.
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