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16 U.S.C. § 707 — Violations and penalties; forfeitures

Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 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 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section704/b/2&num=0&edition=prelim) 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

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Stable record: federal_law:legal_authorities:record_usc_398b503a1435eaf3bd6cdf64
Source file: Laws/federal/codes/united-states-code/title-16/section-707-violations-and-penalties-forfeitures--e22a28e64d.md
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Source location: Title 16, Chapter 7, § 707; chapter-007-protection-of-migratory-game-and-insectivorous-birds.md

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Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 703 — Taking, killing, or possessing migratory birds unlawful

**(a) In general** Unless and except as permitted by regulations made as hereinafter provided in this subchapter, it shall be unlawful at any time, by any means or in any manner, to pursue, hunt, take, capture, kill, attempt to take, capture, or kill, possess, offer for sale, sell, offer to barter, barter, offer to purchase, purchase, deliver for shipment, ship, export, import, cause to be shipped, exported, or imported, deliver for transportation, transport or cause to be transported, carry or cause to be carried, or receive for shipment, transportation, carriage, or export, any migratory bird, any part, nest, or egg of any such bird, or any product, whether or not manufactured, which consists, or is composed in whole or part, of any such bird or any part, nest, or egg thereof, included in the terms of the conventions between the United States and Great Britain for the protection of migratory birds concluded August 16, 1916 (39 Stat. 1702), the United States and the United Mexican States for the protection of migratory birds and game mammals concluded February 7, 1936, the United States and the Government of Japan for the protection of migratory birds and birds in danger of extinction, and their environment concluded March 4, 1972, and the convention between the United States and the Union of Soviet Socialist Republics for the conservation of migratory birds and their environments concluded November 19, 1976. **(b) Limitation on application to introduced species** (1) **In general** — This subchapter applies only to migratory bird species that are native to the United States or its territories. (2) **Native to the United States defined** (A) *In general* — Subject to subparagraph (B), in this subsection the term “native to the United States or its territories” me

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Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 706 — Arrests; search warrants

Any employee of the Department of the Interior authorized by the Secretary of the Interior to enforce the provisions of this subchapter shall have power, without warrant, to arrest any person committing a violation of this subchapter in his presence or view and to take such person immediately for examination or trial before an officer or court of competent jurisdiction; shall have power to execute any warrant or other process issued by an officer or court of competent jurisdiction for the enforcement of the provisions of this subchapter; and shall have authority, with a search warrant, to search any place. The several judges of the courts established under the laws of the United States, and United States magistrate judges may, within their respective jurisdictions, upon proper oath or affirmation showing probable cause, issue warrants in all such cases. All birds, or parts, nests, or eggs thereof, captured, killed, taken, sold or offered for sale, bartered or offered for barter, purchased, shipped, transported, carried, imported, exported, or possessed contrary to the provisions of this subchapter or of any regulation prescribed thereunder shall, when found, be seized and, upon conviction of the offender or upon judgment of a court of the United States that the same were captured, killed, taken, sold or offered for sale, bartered or offered for barter, purchased, shipped, transported, carried, imported, exported, or possessed contrary to the provisions of this subchapter or of any regulation prescribed thereunder, shall be forfeited to the United States and disposed of by the Secretary of the Interior in such manner as he deems appropriate.

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Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 4406 — Amounts available to carry out this chapter

**(a) Omitted** **(b) Migratory bird fines, penalties, forfeitures** The sums received under [section 707 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section707&num=0&edition=prelim) as penalties or fines, or from forfeitures of property are authorized to be appropriated to the Department of the Interior for purposes of allocation under [section 4407 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section4407&num=0&edition=prelim). This subsection shall not be construed to require the sale of instrumentalities. **(c) Authorization of appropriations** In addition to the amounts made available under subsections (a) and (b) of this section, there are authorized to be appropriated to the Department of the Interior for purposes of allocation under [section 4407 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section4407&num=0&edition=prelim) not to exceed $60,000,000 for each of fiscal years 2021 through 2030. **(d) Availability of funds** Sums made available under this section shall be available until expended.

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Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 718g — Violations

Any person that violates or fails to comply with any provision of this subchapter (including a regulation promulgated under this subchapter) shall be subject to the penalties described in [section 707 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section707&num=0&edition=prelim).

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Federal law — U.S. Code and appendices · legal_authorities

43 U.S.C. § 1474c — North American Wetlands Conservation Fund; availability of fines or forfeitures

In fiscal year 1992 and thereafter, amounts received during the immediately preceding fiscal year under [section 707 of title 16](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section707&num=0&edition=prelim) as penalties or fines or from forfeitures of property or collateral, to remain available until expended.

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Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 707 — Violations and penalties; forfeitures

Page 1268 TITLE 16—CONSERVATION § 707 vested in Secretary of Energy subsequently transferred to Federal Coordinator for Alaska Natural Gas Trans- portation Projects by section 720d(f) of Title 15. 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. § 707. Violations and penalties; forfeitures (a) Except as otherwise provided in this sec- tion, 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 regula- tion made pursuant to this subchapter shall be deemed guilty of a misdemeanor and upon con- viction 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 mi- gratory 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 bar- ter, any migratory bird shall be guilty of a fel- ony 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 transpor- tation used by any person when engaged in pur- suing, hunting, taking, trapping, ensnaring, cap- turing, 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 thi

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