TITLE 16 - CONSERVATION
CHAPTER 7 - PROTECTION OF MIGRATORY GAME AND INSECTIVOROUS BIRDS
SUBCHAPTER II - MIGRATORY BIRD TREATY
Sec. 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
(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.
(July 3, 1918, ch. 128, Sec. 3, 40 Stat. 755; June 20, 1936, ch.
634, Sec. 2, 49 Stat. 1556; 1939 Reorg. Plan No. II, Sec. 4(f),
eff. July 1, 1939, 4 F.R. 2731, 53 Stat. 1433; Pub. L. 105-312,
title I, Sec. 102, Oct. 30, 1998, 112 Stat. 2956.)
1998 - Pub. L. 105-312 designated existing provisions as subsec.
(a) and added subsec. (b).
1936 - Act June 20, 1936, substituted "conventions" for
"convention" wherever appearing.
EFFECTIVE DATE OF 1936 AMENDMENT
Section effective June 30, 1937, see section 1 of act of June 20,
1936, set out as a note under section 703 of this title.
TRANSFER OF FUNCTIONS
Transfer of functions of Secretary of Agriculture to Secretary of
the Interior by Reorg. Plan, No. II of 1939, see Transfer of
Functions note set out under section 701 of this title.
DELEGATION OF FUNCTIONS
For delegation to Secretary of the Interior of authority vested
in President, see Ex. Ord. No. 10752, Feb. 12, 1958, 23 F.R. 973,
set out as a note under section 715j of Title 15, Commerce and
Secretary of the Interior empowered to promulgate regulations
under this section without approval, ratification, or other action
of President, see section 2(b) of Ex. Ord. No. 10250, June 5, 1951,
16 F.R. 5385, set out as a note under section 301 of Title 3, The
REPORT ON EFFECTS OF 1998 AMENDMENTS
Pub. L. 105-312, title I, Sec. 104, Oct. 30, 1998, 112 Stat.
2956, provided that: "Not later than 5 years after the date of
enactment of this Act [Oct. 30, 1998], the Secretary of the
Interior shall submit to the Committee on Environment and Public
Works of the Senate and the Committee on Resources [now Committee
on Natural Resources] of the House of Representatives a report
analyzing the effect of the amendments made by section 2 [probably
should be section 102, which amended this section], and the general
practice of baiting, on migratory bird conservation and law
enforcement efforts under the Migratory Bird Treaty Act (16 U.S.C.
701 et seq.) [16 U.S.C. 703 et seq.]."
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