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| SUBCHAPTER II---MIGRATORY BIRD TREATY                                 |
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| Release date: 2004-04-30                                              |
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| -   [**§ 703**](http://assembler.la                                   |
| w.cornell.edu/uscode/html/uscode16/usc_sec_16_00000703----000-.html). |
|     Taking, killing, or possessing migratory birds unlawful           |
|                                                                       |
| -   [**§ 704**](http://assembler.la                                   |
| w.cornell.edu/uscode/html/uscode16/usc_sec_16_00000704----000-.html). |
|     Determination as to when and how migratory birds may be taken,    |
|     killed, or possessed                                              |
|                                                                       |
| -   [**§ 705**](http://assembler.la                                   |
| w.cornell.edu/uscode/html/uscode16/usc_sec_16_00000705----000-.html). |
|     Transportation or importation of migratory birds; when unlawful   |
|                                                                       |
| -   [**§ 706**](http://assembler.la                                   |
| w.cornell.edu/uscode/html/uscode16/usc_sec_16_00000706----000-.html). |
|     Arrests; search warrants                                          |
|                                                                       |
| -   [**§ 707**](http://assembler.la                                   |
| w.cornell.edu/uscode/html/uscode16/usc_sec_16_00000707----000-.html). |
|     Violations and penalties; forfeitures                             |
|                                                                       |
| -   [**§ 708**](http://assembler.la                                   |
| w.cornell.edu/uscode/html/uscode16/usc_sec_16_00000708----000-.html). |
|     State or Territorial laws or regulations                          |
|                                                                       |
| -   [**§ 709**](http://assembler.la                                   |
| w.cornell.edu/uscode/html/uscode16/usc_sec_16_00000709----000-.html). |
|     Omitted                                                           |
|                                                                       |
| -   [**§ 709a**](http://assembler.la                                  |
| w.cornell.edu/uscode/html/uscode16/usc_sec_16_00000709---a000-.html). |
|     Authorization of appropriations                                   |
|                                                                       |
| -   [**§ 710**](http://assembler.la                                   |
| w.cornell.edu/uscode/html/uscode16/usc_sec_16_00000710----000-.html). |
|     Partial invalidity; short title                                   |
|                                                                       |
| -   [**§ 711**](http://assembler.la                                   |
| w.cornell.edu/uscode/html/uscode16/usc_sec_16_00000711----000-.html). |
|     Breeding and sale for food supply                                 |
|                                                                       |
| -   [**§ 712**](http://assembler.la                                   |
| w.cornell.edu/uscode/html/uscode16/usc_sec_16_00000712----000-.html). |
|     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                                         |
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| § 703. Taking, killing, or possessing migratory birds unlawful        |
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| 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](http://assembler.law.cornell.edu/usc-cgi/ge                     |
| t_external.cgi?type=statRef&target=date:nonech:nonestatnum:39_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 [^\[1\]^](http://assembler.law.cornell.e                         |
| du/uscode/html/uscode16/usc_sec_16_00000703----000-.html#FN-1%23FN-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.                             |
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| **§ 704. Determination as to when and how migratory birds may be      |
| taken, killed, or possessed**                                         |
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| **(a)** Subject to the provisions and in order to carry out the       |
| purposes of the conventions, referred to in section                   |
| [703](http://assembler.l                                              |
| aw.cornell.edu/uscode/html/uscode16/usc_sec_16_00000703----000-.html) |
| 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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| **§ 705. Transportation or importation of migratory birds; when       |
| unlawful**                                                            |
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| 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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| **§ 706. Arrests; search warrants**                                   |
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| 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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| **§ 707. Violations and penalties; forfeitures**                      |
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| **(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](http://assembler.l                                              |
| aw.cornell.edu/uscode/html/uscode16/usc_sec_16_00000704----000-.html) |
| [(b)(2)](http://assembler.law.c                                       |
| ornell.edu/uscode/html/uscode16/usc_sec_16_00000704----000-.html#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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| **§ 708. State or Territorial laws or regulations**                   |
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| 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](http://assembler.l                                              |
| aw.cornell.edu/uscode/html/uscode16/usc_sec_16_00000704----000-.html) |
| of this title.                                                        |
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| **§ 709. Omitted**                                                    |
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| **§ 709a. Authorization of appropriations**                           |
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| 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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| **§ 710. Partial invalidity; short title**                            |
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| 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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| **§ 711. Breeding and sale for food supply**                          |
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| 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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| **§ 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**                                           |
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| > **(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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