16 U.S.C. § 26

Regulations for hunting and fishing in park; punishment for violations; forfeitures

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All hunting, or the killing, wounding, or capturing at any time of any bird or wild animal, except dangerous animals, when it is necessary to prevent them from destroying human life or inflicting an injury, is prohibited within the limits of said park; nor shall any fish be taken out of the waters of the park by means of seines, nets, traps, or by the use of drugs or any explosive substances or compounds, or in any other way than by hook and line, and then only at such seasons and in such times and manner as may be directed by the Secretary of the Interior. The Secretary of the Interior shall make and publish such rules and regulations as he may deem necessary and proper for the management and care of the park and for the protection of the property therein, especially for the preservation from injury or spoliation of all timber, mineral deposits, natural curiosities, or wonderful objects within said park; and for the protection of the animals and birds in the park, from capture or destruction, or to prevent their being frightened or driven from the park; and he shall make rules and regulations governing the taking of fish from the streams or lakes in the park. Possession within the said park of the dead bodies, or any part thereof, of any wild bird or animal shall be prima facie evidence that the person or persons having the same are guilty of violating this Act. Any person or persons, or stage or express company or railway company, receiving for transportation any of the said animals, birds, or fish so killed, taken, or caught shall be deemed guilty of a misdemeanor, and shall be fined for every such offense not exceeding $300. Any person found guilty of violating any of the provisions of this Act or any rule or regulation that may be promulgated by the Secretary of the Interior with reference to the management and care of the park, or for the protection of the property therein, for the preservation from injury or spoliation of timber, mineral deposits, natural curiosities, or wonderful objects within said park, or for the protection of the animals, birds, and fish in the said park, shall be deemed guilty of a misdemeanor, and shall be subjected to a fine of not more than $500 or imprisonment not exceeding six months, or both, and be adjudged to pay all costs of the proceedings.

All guns, traps, teams, horses, or means of transportation of every nature or description used by any person or persons within said park limits when engaged in killing, trapping, ensnaring, or capturing such wild beasts, birds, or wild animals shall be forfeited to the United States, and may be seized by the officers in said park and held pending the prosecution of any person or persons arrested under charge of violating the provisions of this Act, and upon conviction under this Act of such person or persons using said guns, traps, teams, horses, or other means of transportation such forfeiture shall be adjudicated as a penalty in addition to the other punishment provided in this Act. Such forfeited property shall be disposed of and accounted for by and under the authority of the Secretary of the Interior.

Notes of Decisions

Cited in 13 cases (1 in the last 5 years), 1963–2024 · leading case: Cargill, Inc. v. Monfort of Colorado, Inc., 479 U.S. 104 (1986).

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Cargill, Inc. v. Monfort of Colorado, Inc., 479 U.S. 104 (1986). “This was unsound, for § 16 of the Clayton Act, 16 U. S. C. § 26 , which was enacted by the Congress to make available equitable remedies previously denied private parties, invokes traditional principles of equity and authorizes injunctive relief upon the demonstration of…”

InterTribal Bison Coop. v. Babbitt, 25 F. Supp. 2d 1135 (D. Mont. 1998). · cites it 2× “Yellowstone Organic Act, 16 U.S.C. § 26 . Plaintiffs rely on § 26 of the Yellowstone Act, which provides that “[a]ll hunting, or -the killing, wounding or capturing at any time of any bird or wild animal, except dangerous animals, when it is necessary to prevent them from…”

Greater Yellowstone Coalition v. Babbitt, 952 F. Supp. 1435 (D. Mont. 1996). · cites it 3× “In their third claim, Plaintiffs argue that the 1996 Interim Plan is “otherwise in violation of the law” by violating the Yellowstone Organic Act (the “Yellowstone Act”), 16 U.S.C. § 26 . Organic Act Claims. Title 16 of the United States Code, section one, requires NPS to…”

Bridgeville Rifle & Pistol Club, Ltd. v. Small, 176 A.3d 632 (Del. 2017). · cites it 2× “, 16 U.S.C. § 26 (in Yellowstone National Park, “[a]ll guns, traps, teams, horses, or means of transportation of every nature or description used by any person or persons within said park limits when engaged in killing, trapping, ensnaring, or capturing such wild beasts, birds,…”

Gordon v. Amadeus IT Grp., S.A., 194 F. Supp. 3d 236 (S.D.N.Y. 2016). “Applicable Law Section 16 of the Clayton Act provides in part that “[a]ny person, firm, corporation, or association shall be entitled to sue for and have injunctive relief ,.”

Nat'l Rifle Ass'n of Am. v. Potter, 628 F. Supp. 903 (D.D.C. 1986). “See 16 U.S.C. § 26 (1982); H.Rep. No. 658, 53d Cong.”

City of New York v. Beretta U.S.A. Corp., 429 F. Supp. 2d 517 (E.D.N.Y 2006). “, 16 U.S.C. § 26 (“nor shall any fish be taken out of the waters of the park by means of seines, nets, traps, .”

United States v. Nelson E. 'Buck' Sanford, 503 F.2d 291 (9th Cir. 1974). · cites it 2× “§ 26-307(3) and 16 U. S.C. § 26. Count II charged Lon and Rodney Sanford with the January 8 illegal entry on the Crow Indian Reservation, 18 U.”

Ashley v. United States, 215 F. Supp. 39 (D. Neb. 1963). “” Title 16 U.S.C.A. § 26 prohibits the killing, wounding or capturing of any wild animal “except dangerous animals, when it is necessary to prevent them from destroying human life or inflicting an injury * * 36 C.”

United States v. Knauer, 707 F. Supp. 2d 379 (E.D.N.Y 2010). “, 16 U.S.C. § 26 (Yellowstone National Park); 16 U.”

United States v. Spann, 963 F. Supp. 2d 1198 (D. Kan. 2013). “1976) (defining "hunt” as the general pursuit of wild animals or game, adopting substantially similar definition of "hunt” upon examination of identically-worded statute, 16 U.S.C. § 26 , which prohibits hunting in Yellowstone National Park, and holding that hunting guides, as…”

The Intercept Media, Inc. v. Nat'l Park Serv. (S.D.N.Y. 2024). · cites it 2× “Although this delisting did not legalize hunting wolves within Yellowstone—doing so remains a criminal offense under 16 U.S.C. § 26 -—-it restored primacy to states over the regulation of wolf hunting outside Yellowstone’s boundaries, in Montana, Wyoming, and Idaho.”

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