IB 

Union Calendar No. 207 

111TH CONGRESS 

1ST SESSION H. R. 2062 

[Report No. 111–355] 

To amend the Migratory Bird Treaty Act to provide for penalties and enforcement for intentionally taking protected avian species, and for other 

purposes. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 23, 2009 

Mr. DEFAZIO (for himself, Ms. MCCOLLUM, Mr. GRIJALVA, Mr. FARR, Mr. 

GEORGE MILLER of California, and Mr. WU) introduced the following 

bill; which was referred to the Committee on Natural Resources 

DECEMBER 7, 2009 

Additional sponsors: Mr. WAXMAN, Mr. BLUMENAUER, Mr. KIND, Ms. LEE

of California, Mr. WEXLER, Ms. HIRONO, Mr. HARE, Mr. SESTAK, Mr. 

MICHAUD, Mr. BERMAN, Ms. ESHOO, Ms. SHEA-PORTER, and Mr. PRICE

of North Carolina 

DECEMBER 7, 2009 

Reported with an amendment, committed to the Committee of the Whole 

House on the State of the Union, and ordered to be printed 

[Strike out all after the enacting clause and insert the part printed in italic] 

[For text of introduced bill, see copy of bill as introduced on April 23, 2009] 


srobinson on DSKHWCL6B1PROD with BILLS
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•HR 2062 RH

A BILL 

To amend the Migratory Bird Treaty Act to provide for 

penalties and enforcement for intentionally taking protected avian species, and for other purposes. 


srobinson on DSKHWCL6B1PROD with BILLS
3 

•HR 2062 RH

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Migratory Bird Treaty 

5 Act Penalty and Enforcement Act of 2009’’. 

6 SEC. 2. AMENDMENT OF MIGRATORY BIRD TREATY ACT. 

7 Section 6 of the Migratory Bird Treaty Act (16 U.S.C. 

8 707) is amended by redesignating subsection (d) as sub9 section (e), and by inserting after subsection (c) the fol10 lowing new subsection: 

11 ‘‘(d)(1) Except in the case of hunting and other activ12 ity allowed under section 3, whoever in violation of this 

13 Act kills or wounds a migratory bird in an aggravated 

14 manner shall, in lieu of any penalty for such violation— 

15 ‘‘(A) for the first violation, be fined under title 

16 18, United States Code, imprisoned for not more than 

17 one year, or both; and 

18 ‘‘(B) for the second and any subsequent viola19 tion, be fined under title 18 of the United States 

20 Code, imprisoned for not more than 2 years, or both. 

21 ‘‘(2) The authority under section 3(k) of the Fish and 

22 Wildlife Improvement Act of 1978 (16 U.S.C. 742l(k)) ap23 plies with respect to a violation described in paragraph (1). 


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•HR 2062 RH

1 ‘‘(3) For the purposes of this subsection the term ‘ag2 gravated manner’ means deliberately and in a manner 

3 that— 

4 ‘‘(A) demonstrates indifference to the pain and 

5 suffering of the bird; or 

6 ‘‘(B) involves actions that would shock a reason7 able person.’’. 


srobinson on DSKHWCL6B1PROD with BILLS

srobinson on DSKHWCL6B1PROD with BILLS
Union Calendar No. 207 

111TH CONGRESS 

1ST SESSION H. R. 2062 

[Report No. 111–355] 

A BILL 

To amend the Migratory Bird Treaty Act to proother purposes. tionally taking protected avian species, and for vide for penalties and enforcement for intenDECEMBER 7, 2009 

Reported with an amendment, committed to the Comand ordered to be printed mittee of the Whole House on the State of the Union, 


srobinson on DSKHWCL6B1PROD with BILLS