Migratory Bird Treaty Act

US CODE: Title 16,703. Taking, killing, or possessing migratory birds unlawful

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TITLE 16 > CHAPTER 7 > SUBCHAPTER II > § 703

§ 703. Taking, killing, or possessing migratory
birds unlawful

(a) In general

Unless and except as
permitted by regulations
made as hereinafter provided in this subchapter, 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, any part, nest, or eggs
of any such bird, or any product, whether or not manufactured, 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 (39 Stat. 1702), 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 environment concluded March 4,
1972 [1] 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.

(b) Limitation on application to introduced species
(1) In general
This subchapter applies only to migratory bird species that are native to the United
States or its territories.
(2) Native to the United States defined
(A) In general
Subject to subparagraph (B), in this subsection the term “native to the United
States or its territories” means occurring in the United States or its territories as
the result of natural biological or ecological processes.
(B) Treatment of introduced species
For purposes of paragraph (1), a migratory bird species that occurs in the United
States or its territories solely as a result of intentional or unintentional humanassisted introduction shall not be considered native to the United States or its
territories unless—
(i) it was native to the United States or its territories and extant in 1918;
(ii) it was extirpated after 1918 throughout its range in the United States
and its territories; and
(iii) after such extirpation, it was reintroduced in the United States or its
territories as a part of a program carried out by a Federal agency.

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6/18/2008

US CODE: Title 16,703. Taking, killing, or possessing migratory birds unlawful

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[1] So in original. Probably should be followed by a comma.
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US CODE: Title 16,704. Determination as to when and how migratory birds may be take...

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TITLE 16 > CHAPTER 7 > SUBCHAPTER II > § 704

§ 704. Determination as to when and how
migratory birds may be taken, killed, or
possessed

(a) Subject to the
provisions and in order to
carry out the purposes of
the conventions, referred to
in section 703 of this title,
the Secretary of the Interior is authorized and directed, from time to time, having 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, 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.

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US CODE: Title 16,705. Transportation or importation of migratory birds; when unlawful

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TITLE 16 > CHAPTER 7 > SUBCHAPTER II > § 705

§ 705. Transportation or importation of migratory
birds; when unlawful

It shall be unlawful to ship,
transport, or carry, by any
means whatever, from one
State, Territory, 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 Province of the Dominion of Canada in which the
same was captured, killed, or taken, or from which it was shipped, transported, or carried.

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US CODE: Title 16,706. Arrests; search warrants

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TITLE 16 > CHAPTER 7 > SUBCHAPTER II > § 706

§ 706. Arrests; search warrants

Any employee of the
Department of the Interior
authorized by the Secretary of the Interior to enforce the provisions of this subchapter shall have
power, without warrant, to arrest any person committing a violation of this subchapter in his
presence 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
subchapter; and shall have authority, with a search warrant, to search any place. The several
judges of the courts established under the laws of the United States, and United States magistrate
judges 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 subchapter or of any
regulation prescribed thereunder shall, when found, be seized and, upon conviction 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, transported, carried,
imported, exported, or possessed contrary to the provisions of this subchapter or of any regulation
prescribed thereunder, shall be forfeited to the United States and disposed of by the Secretary of
the Interior in such manner as he deems appropriate.

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US CODE: Title 16,707. Violations and penalties; forfeitures

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TITLE 16 > CHAPTER 7 > SUBCHAPTER II > § 707

§ 707. Violations and penalties; forfeitures

(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 subchapter, or who shall violate or fail to comply with any regulation
made pursuant to this subchapter 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 subchapter, 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 migratory bird 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 704 (b)(2) of this title shall be fined under title 18, 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 engaged in pursuing, hunting, taking, trapping,
ensnaring, capturing, killing, or attempting to take, capture, or kill any migratory bird in
violation of this subchapter with the intent to offer for sale, or sell, or offer for barter, or barter
such bird in violation of this subchapter shall be forfeited to the United States and may be
seized and held pending the prosecution of any person arrested for violating this subchapter
and upon conviction for such violation, such forfeiture shall be adjudicated as a penalty in
addition to any other provided for violation of this subchapter. Such forfeited property shall be
disposed of and accounted for by, and under the authority of, the Secretary of the Interior.
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US CODE: Title 16,708. State or Territorial laws or regulations

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TITLE 16 > CHAPTER 7 > SUBCHAPTER II > § 708

§ 708. State or Territorial laws or regulations

Nothing in this subchapter
shall be construed to
prevent the several States and Territories from making or enforcing laws or regulations not
inconsistent with the provisions of said conventions or of this subchapter, 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 extend the open seasons for such birds beyond the dates
approved by the President in accordance with section 704 of this title.

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US CODE: Title 16,709. Omitted

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TITLE 16 > CHAPTER 7 > SUBCHAPTER II > § 709

§ 709. Omitted
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US CODE: Title 16,709a. Authorization of appropriations

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TITLE 16 > CHAPTER 7 > SUBCHAPTER II > § 709a

§ 709a. Authorization of appropriations

There is hereby authorized
to be appropriated, 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 conventions and of
this subchapter and regulations made pursuant thereto, and the Secretary of the Interior is
authorized out of such moneys to employ in the city of Washington and elsewhere such persons
and means as he may deem necessary for such purpose and may cooperate with local authorities in
the protection of migratory birds and make the necessary investigations connected therewith.

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US CODE: Title 16,710. Partial invalidity; short title

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TITLE 16 > CHAPTER 7 > SUBCHAPTER II > § 710

§ 710. Partial invalidity; short title

If any clause, sentence,
paragraph, or part of this
subchapter, which shall be known by the short title of the “Migratory Bird Treaty 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.

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US CODE: Title 16,711. Breeding and sale for food supply

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TITLE 16 > CHAPTER 7 > SUBCHAPTER II > § 711

§ 711. Breeding and sale for food supply

Nothing in this subchapter
shall be construed 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.

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US CODE: Title 16,712. Treaty and convention implementing regulations; seasonal takin... Page 1 of 1

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TITLE 16 > CHAPTER 7 > SUBCHAPTER II > § 712

§ 712. Treaty and convention implementing
regulations; seasonal taking of migratory birds for
essential needs of indigenous Alaskans to
preserve and maintain stocks of the birds;
protection and conservation of the birds

(1) In accordance with the
various migratory bird
treaties and conventions
with Canada, Japan,
Mexico, and the Union of
Soviet Socialist Republics,
the Secretary of the
Interior is authorized to issue such regulations as may be necessary to assure that the taking
of migratory birds and the collection of their eggs, by the indigenous inhabitants of the State of
Alaska, shall be permitted for their own nutritional and other essential needs, as determined
by the Secretary of the Interior, during seasons established so as to provide for the
preservation and maintenance of stocks of migratory birds.
(2) The Secretary of the Interior is authorized to issue such regulations as may be necessary
to implement the provisions of the convention between the United States and Great Britain for
the protection of migratory birds concluded August 16, 1916, the convention between the
United States and the United Mexican States for the protection of migratory birds and game
mammals concluded February 7, 1936, the convention between the United States and the
Government of Japan for the protection of migratory birds in danger of extinction, and their
environment concluded March 4, 1972, and the convention between the United States and the
Union of Soviet Socialist Republics for the conservation of migratory birds and their
environment concluded November 19, 1976.

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6/18/2008