16 USC Sec. 707 01/05/2009
TITLE 16 - CONSERVATION
CHAPTER 7 - PROTECTION OF MIGRATORY GAME AND INSECTIVOROUS BIRDS
SUBCHAPTER II - MIGRATORY BIRD TREATY
Sec. 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
(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.
(July 3, 1918, ch. 128, Sec. 6, 40 Stat. 756; June 20, 1936, ch.
634, Sec. 2, 49 Stat. 1556; Pub. L. 86-732, Sept. 8, 1960, 74 Stat.
866; Pub. L. 99-645, title V, Sec. 501, Nov. 10, 1986, 100 Stat.
3590; Pub. L. 105-312, title I, Sec. 103, Oct. 30, 1998, 112 Stat.
1998 - Subsec. (a). Pub. L. 105-312, Sec. 103(1), substituted
"$15,000" for "$500".
Subsecs. (c), (d). Pub. L. 105-312, Sec. 103(2), (3), added
subsec. (c) and redesignated former subsec. (c) as (d).
1986 - Subsec. (b). Pub. L. 99-645 substituted "shall knowingly"
for "shall" in introductory provisions.
1960 - Pub. L. 86-732 designated existing provisions as subsec.
(a), inserted "Except as otherwise provided in this section", and
added subsecs. (b) and (c).
1936 - Act June 20, 1936, substituted "conventions" for
EFFECTIVE DATE OF 1936 AMENDMENT
Section effective June 30, 1937, see section 1 of act June 20,
1936, set out as a note under section 703 of this title.
TRANSFER OF FUNCTIONS
For transfer of certain enforcement functions of Secretary or
other official in Department of the Interior under this subchapter
to Federal Inspector, Office of Federal Inspector for the Alaska
Natural Gas Transportation System, and subsequent transfer to
Secretary of Energy, then to Federal Coordinator for Alaska Natural
Gas Transportation Projects, see Transfer of Functions note set out
under section 706 of this title.