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CITE

    16 USC Sec. 707                                             01/05/2009

EXPCITE

    TITLE 16 - CONSERVATION
    CHAPTER 7 - PROTECTION OF MIGRATORY GAME AND INSECTIVOROUS BIRDS
    SUBCHAPTER II - MIGRATORY BIRD TREATY

HEAD

    Sec. 707. Violations and penalties; forfeitures

STATUTE

      (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(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.

SOURCE

    (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.
    2956.)

AMENDMENTS

      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
    "convention".
                     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.