Migratory Bird Treaty Act of 1918

31 MIGRATORY BIRD TREATY ACT Q:\COMP\WILDLIFE\MBTA January 24, 2002 Q:\COMP\WILDLIFE\MBTA January 24, 2002 33 1 For the definition of ‘‘migratory bird’’ for purposes of this Act, see section 11 of the Migratory Bird Treaty Act (16 U.S.C. 715j). 2 So in original. Probably should be followed by a comma. 3 Section 4(f) of Reorg. Plan No. II of 1939 (5 U.S.C. App.) transferred functions of the Sec retary of Agriculture relating to conservation of wildlife, game, and migratory birds to the Sec retary of the Interior. MIGRATORY BIRD TREATY ACT [Chapter 128, Approved July 3, 1918, 40 Stat. 703] [As Amended Through Public Law 107–136, Jan. 24, 2002] CHAP. 128.—AN ACT TO GIVE EFFECT TO THE CONVENTIONS BETWEEN THE UNITED STATES AND OTHER NATIONS FOR THE PROTECTION OF MIGRATORY BIRDS, BIRDS IN DANGER OF EXTINCTION, GAME MAMMALS, AND THEIR ENVIRONMENT. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act shall be known by the short title of the ‘‘Migratory Bird Treaty Act.’’ SEC. 2. ø16 U.S.C. 703¿ That unless and except as permitted by regulations made as hereinafter provided, it shall be unlawful at any time, by any means or in any manner, to pursue, hunt, take, capture, kill, attempt to take, capture, or kill, possess, offer for sale, sell, offer to barter, barter, offer to purchase, purchase, deliver for shipment, ship, export, import, cause to be shipped, exported, or imported, deliver for transportation, transport or cause to be transported, carry or cause to be carried, or receive for shipment, transportation, carriage, or export, any migratory bird 1, any part, nest, or egg of any such bird, or any product, whether or not manu factured, which consists, or is composed in whole or part, of any such bird or any part, nest, or egg thereof, included in the terms of the conventions between the United States and Great Britain for the protection of migratory birds concluded August 16, 1916, the United States and the United Mexican States for the protection of migratory birds and game mammals concluded February 7, 1936, the United States and the Government of Japan for the protection of migratory birds and birds in danger of extinction, and their envi ronment concluded March 4, 1972 2 and the convention between the United States and the Union of Soviet Socialist Republics for the conservation of migratory birds and their environments concluded November 19, 1976. SEC. 3. ø16 U.S.C. 704¿ (a) That subject to the provisions and in order to carry out the purposes of the conventions, the Secretary of Agriculture 3 is authorized and directed, from time to time, hav ing due regard to the zones of temperature and to the distribution, abundance, economic value, breeding habits, and times and lines of migratory flight of such birds, to determine when, to what extent, if at all, and by what means, it is compatible with the terms of the conventions to allow hunting, taking, capture, killing, possession, Q:\COMP\WILDLIFE\MBTA January 24, 2002 34Sec. 4 MIGRATORY BIRD TREATY ACT 1 See footnote to section 3(a). sale, purchase, shipment, transportation, carriage, or export of any such bird, or any part, nest, or egg thereof, and to adopt suitable regulations permitting and governing the same, in accordance with such determinations, which regulations shall become effective when approved by the President. (b) It shall be unlawful for any person to— (1) take any migratory game bird by the aid of baiting, or on or over any baited area, if the person knows or reasonably should know that the area is a baited area; or (2) place or direct the placement of bait on or adjacent to an area for the purpose of causing, inducing, or allowing any person to take or attempt to take any migratory game bird by the aid of baiting on or over the baited area. SEC. 4. ø16 U.S.C. 705¿ That it shall be unlawful to ship, transport, or carry, by any means whatever, from one State, Terri tory, or District to or through another State, Territory, or District, or to or through a foreign country, any bird, or any part, nest, or egg thereof, captured, killed, taken, shipped, transported, or carried at any time contrary to the laws of the State, Territory, or District in which it was captured, killed, or taken, or from which it was shipped, transported, or carried. It shall be unlawful to import any bird, or any part, nest, or egg thereof, captured, killed, taken, shipped, transported, or carried contrary to the laws of any Prov ince of the Dominion of Canada in which the same was captured, killed, or taken, or from which it was shipped, transported, or car ried. SEC. 5. ø16 U.S.C. 706¿ That any employee of the Department of Agriculture authorized by the Secretary of Agriculture 1 to en force the provisions of this Act shall have power, without warrant, to arrest any person committing a violation of this Act in his pres ence or view and to take such person immediately for examination or trial before an officer or court of competent jurisdiction; shall have power to execute any warrant or other process issued by an officer or court of competent jurisdiction for the enforcement of the provisions of this Act; and shall have authority, with a search war rant, to search any place. The several judges of the courts estab lished under the laws of the United States, and United States com missioners may, within their respective jurisdictions, upon proper oath or affirmation showing probable cause, issue warrants in all such cases. All birds, or parts, nests, or eggs thereof, captured, killed, taken, sold or offered for sale, bartered or offered for barter, purchased, shipped, transported, carried, imported, exported, or possessed contrary to the provisions of this Act or of any regulation prescribed thereunder shall, when found, be seized and, upon con viction of the offender or upon judgment of a court of the United States that the same were captured, killed, taken, sold or offered for sale, bartered or offered for barter, purchased, shipped, trans ported, carried, imported, exported, or possessed contrary to the provisions of this Act or of any regulation prescribed thereunder, shall be forfeited to the United States and disposed of by the Sec retary of the Interior in such manner as he deems appropriate. Q:\COMP\WILDLIFE\MBTA January 24, 2002 35 Sec. 8MIGRATORY BIRD TREATY ACT 1 So in law. There probably should be a comma after ‘‘any migratory bird’’, and the subsequent text should probably begin on the next line and align with the left margin of subsection (b). SEC. 6. ø16 U.S.C. 707¿ (a) Except as otherwise provided in this section, any person, association, partnership, or corporation who shall violate any provisions of said conventions or of this Act, or who shall violate or fail to comply with any regulation made pursuant to this Act shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined not more than $15,000 or be imprisoned not more than six months, or both. (b) Whoever, in violation of this Act, shall knowingly— (1) take by any manner whatsoever any migratory bird with intent to sell, offer to sell, barter or offer to barter such bird, or (2) sell, offer for sale, barter or offer to barter, any migra tory bird 1 shall be guilty of a felony and shall be fined not more than $2,000 or imprisoned not more than two years, or both. (c) Whoever violates section 3(b)(2) shall be fined under title 18, United States Code, imprisoned not more than 1 year, or both. (d) All guns, traps, nets and other equipment, vessels, vehicles, and other means of transportation used by any person when en gaged in pursuing, hunting, taking, trapping, ensnaring, capturing, killing, or attempting to take, capture, or kill any migratory bird in violation of this Act with the intent to offer for sale, or sell, or offer for barter, or barter such bird in violation of this Act shall be forfeited to the United States and may be seized and held pending the prosecution of any person arrested for violating this Act and upon conviction for such violation, such forfeiture shall be adju dicated as a penalty in addition to any other provided for violation of this Act. Such forfeited property shall be disposed of and ac counted for by, and under the authority of, the Secretary of the In terior. SEC. 7. ø16 U.S.C. 708¿ That nothing in this Act shall be con strued to prevent the several States and Territories from making or enforcing laws or regulations not inconsistent with the provi sions of said conventions or of this Act, or from making or enforcing laws or regulations which shall give further protection to migratory birds, their nests, and eggs, if such laws or regulations do not ex tend the open seasons for such birds beyond the dates approved by the President in accordance with section three of this Act. SEC. 8. ø16 U.S.C. 709¿ That until the adoption and approval, pursuant to section three of this Act, of regulations dealing with migratory birds and their nests and eggs, such migratory birds and their nests and eggs as are intended and used exclusively for sci entific or propagating purposes may be taken, captured, killed, pos sessed, sold, purchased, shipped, and transported for such scientific or propagating purposes if and to the extent not in conflict with the laws of the State, Territory, or District in which they are taken, captured, killed, possessed, sold, or purchased, or in or from which they are shipped or transported if the packages containing the dead bodies or the nests or eggs of such birds when shipped and trans ported shall be marked on the outside thereof so as accurately and Q:\COMP\WILDLIFE\MBTA January 24, 2002 36Sec. 9 MIGRATORY BIRD TREATY ACT 1 See footnote to section 3(a). clearly to show the name and address of the shipper and the con tents of the package. SEC. 9. ø16 U.S.C. 709a¿ That there is authorized to be appro priated, from time to time, out of any money in the Treasury not otherwise appropriated, such amounts as may be necessary to carry out the provisions and to accomplish the purposes of said conven tions and this Act and regulations made pursuant thereto, and the Secretary of Agriculture 1 is authorized out of such moneys to em ploy in the city of Washington and elsewhere such persons and means as he may deem necessary for such purpose and may co operate with local authorities in the protection of migratory birds and make the necessary investigations connected therewith. SEC. 10. ø16 U.S.C. 710¿ That if any clause, sentence, para graph, or part of this Act shall, for any reason, be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair, or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, or part thereof directly involved in the controversy in which such judgment shall have been rendered. SEC. 11. That all Acts or parts of Acts inconsistent with the provisions of this Act are hereby repealed. SEC. 12. ø16 U.S.C. 711¿ Nothing in this Act shall be con strued to prevent the breeding of migratory game birds on farms and preserves and the sale of birds so bred under proper regulation for the purpose of increasing the food supply. SEC. 13. That this Act shall become effective immediately upon its passage and approval. Q:\COMP\WILDLIFE\MBTA January 24, 2002