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 enforce-
ment 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] 
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A BILL 
To amend the Migratory Bird Treaty Act to provide for 
penalties and enforcement for intentionally taking pro-
tected avian species, and for other purposes. 
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Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Migratory Bird Treaty 
Act Penalty and Enforcement Act of 2009’’. 
SEC. 2. AMENDMENT OF MIGRATORY BIRD TREATY ACT. 
Section 6 of the Migratory Bird Treaty Act (16 U.S.C. 
707) is amended by redesignating subsection (d) as sub-
section (e), and by inserting after subsection (c) the fol-
lowing new subsection: 
‘‘(d)(1) Except in the case of hunting and other activ-
ity allowed under section 3, whoever in violation of this 
Act kills or wounds a migratory bird in an aggravated 
manner shall, in lieu of any penalty for such violation— 
‘‘(A) for the first violation, be fined under title 
18, United States Code, imprisoned for not more than 
one year, or both; and 
‘‘(B) for the second and any subsequent viola-
tion, be fined under title 18 of the United States 
Code, imprisoned for not more than 2 years, or both. 
‘‘(2) The authority under section 3(k) of the Fish and 
Wildlife Improvement Act of 1978 (16 U.S.C. 742l(k)) ap-
plies with respect to a violation described in paragraph (1). 
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‘‘(3) For the purposes of this subsection the term ‘ag-
gravated manner’ means deliberately and in a manner 
that— 
‘‘(A) demonstrates indifference to the pain and 
suffering of the bird; or 
‘‘(B) involves actions that would shock a reason-
able person.’’. 
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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 pro-
vide for penalties and enforcement for inten-
tionally taking protected avian species, and for 
other purposes. 
DECEMBER 7, 2009 
Reported with an amendment, committed to the Com-
mittee of the Whole House on the State of the Union, 
and ordered to be printed 
VerDate Nov 24 2008 
21:17 Dec 07, 2009
Jkt 089200
PO 00000
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E:\BILLS\H2062.RH
H2062
srobinson on DSKHWCL6B1PROD with BILLS