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16 U.S.C. § 703 — Taking, killing, or possessing migratory birds unlawful
Federal law — U.S. Code and appendices · legal_authorities
**(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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Source file: Laws/federal/codes/united-states-code/title-16/section-703-taking-killing-or-possessing-migratory-birds-unlawful--115dea4c8c.md
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Source location: Title 16, Chapter 7, § 703; chapter-007-protection-of-migratory-game-and-insectivorous-birds.md
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**(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” means occurring in the United States or its territories as the result of natural biological or ecological processes.
(B) *Treatment of introduced species* — For purposes of paragraph (1), a migratory bird species that occurs in the United States or its territories solely as a result of intentional or unintentional human-assisted introduction shall not be considered native to the United States or its territories unless—
(i) it was native to the United States or its territories and extant in 1918;
(ii) it was extirpated after 1918 throughout its range in the United States and its territories; and
(iii) after such extirpation, it was reintroduced in the United States or its territories as a part of a program carried out by a Federal agency.
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** Subject to the provisions and in order to carry out the purposes of the conventions, referred to in [section 703 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section703&num=0&edition=prelim), 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 President.
**(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.
**(c) Federal Framework Closing Date for Hunting of Ducks, Mergansers, and Coots.—**
(1) **Regulations relating to framework closing date.—**
(A) *In general.—* — In promulgating regulations under subsection (a) relating to the Federal framework for the closing date up to which the States may select seasons for migratory bird hunting, except as provided in paragraph (2), the Secretary sha
Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 704
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Federal law — U.S. Code and appendices · legal_authorities
If any clause, sentence, paragraph, or part of this subchapter, which shall be known by the short title of the “Migratory Bird Treaty Act”, shall, for any reason, be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair, or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, or part thereof directly involved in the controversy in which such judgment shall have been rendered.
Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 710
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Establishment.—** The Secretary of the Navy shall establish areas, to be known as “Southern Sea Otter Military Readiness Areas”, for national defense purposes. Such areas shall include each of the following:
(1) The area that includes Naval Base Ventura County, San Nicolas Island, and Begg Rock and the adjacent and surrounding waters within the following coordinates:N. Latitude/W. Longitude 33°27.8′/119°34.3′ 33°20.5′/119°15.5′ 33°13.5′/119°11.8′ 33°06.5′/119°15.3′ 33°02.8′/119°26.8′ 33°08.8′/119°46.3′ 33°17.2′/119°56.9′ 33°30.9′/119°54.2′.
(2) The area that includes Naval Base Coronado, San Clemente Island and the adjacent and surrounding waters running parallel to shore to 3 nautical miles from the high tide line designated by part 165 of title 33, Code of Federal Regulations, on May 20, 2010, as the San Clemente Island 3NM Safety Zone.
**(b) Activities Within the Southern Sea Otter Military Readiness Areas.—**
(1) **Incidental takings under endangered species act of 1973.—** — Sections 4 and 9 of the Endangered Species Act of 1973 ([16 U.S.C. 1533](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1533&num=0&edition=prelim), 1538) shall not apply with respect to the incidental taking of any southern sea otter in the Southern Sea Otter Military Readiness Areas in the course of conducting a military readiness activity.
(2) **Incidental takings under marine mammal protection act of 1972.—** — Sections 101 and 102 of the Marine Mammal Protection Act of 1972 ([16 U.S.C. 1371](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1371&num=0&edition=prelim), 1372) shall not apply with respect to the incidental taking of any southern sea otter in the Southern Sea Otter Military Readiness Areas in the course of conduc
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 8635
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Dateline for decision; transmission to Congress, delay: notice to Congress; contents of decision; chairman, appointment; Federal inspector of construction: duties, including establishment of joint surveillance and monitoring agreement**
(1) As soon as practicable after July 1, 1977, but not later than September 1, 1977, the President shall issue a decision as to whether a transportation system for delivery of Alaska natural gas should be approved under this chapter. If he determines such a system should be so approved, his decision shall designate such a system for approval pursuant to [section 719f of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section719f&num=0&edition=prelim) and shall be consistent with [section 719c(b)(1)(C) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section719c/b/1/C&num=0&edition=prelim) to assure delivery of Alaska natural gas to points both east and west of the Rocky Mountains in the continental United States. The President in making his decision shall take into consideration the Commission’s recommendation pursuant to [section 719c of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section719c&num=0&edition=prelim), the report under [section 719c(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section719c/c&num=0&edition=prelim), and any comments submitted under [section 719d of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section719d&num=0&edition=prelim); and his decision to designate a system for approval shall be based on his determination as to which system, if any, best serves the national interest.
(2) The President, for a period of up to 90 addi
Source: Supplied U.S. Code snapshot — release unconfirmed · 15 U.S.C. § 719e
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Federal law — U.S. Code and appendices · legal_authorities
For the purposes of this chapter—
(1) The term “depletion” or “depleted” means any case in which—
(A) the Secretary, after consultation with the Marine Mammal Commission and the Committee of Scientific Advisors on Marine Mammals established under subchapter III of this chapter, determines that a species or population stock is below its optimum sustainable population;
(B) a State, to which authority for the conservation and management of a species or population stock is transferred under [section 1379 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1379&num=0&edition=prelim), determines that such species or stock is below its optimum sustainable population; or
(C) a species or population stock is listed as an endangered species or a threatened species under the Endangered Species Act of 1973 [[16 U.S.C. 1531](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1531&num=0&edition=prelim) et seq.].
(2) The terms “conservation” and “management” mean the collection and application of biological information for the purposes of increasing and maintaining the number of animals within species and populations of marine mammals at their optimum sustainable population. Such terms include the entire scope of activities that constitute a modern scientific resource program, including, but not limited to, research, census, law enforcement, and habitat acquisition and improvement. Also included within these terms, when and where appropriate, is the periodic or total protection of species or populations as well as regulated taking.
(3) The term “district court of the United States” includes the District Court of Guam, District Court of the Virgin Islands, District Court of Puerto Rico, District Court of the Ca
Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 1362
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Imposition; exceptions** There shall be a moratorium on the taking and importation of marine mammals and marine mammal products, commencing on the effective date of this chapter, during which time no permit may be issued for the taking of any marine mammal and no marine mammal or marine mammal product may be imported into the United States except in the following cases:
(1) Consistent with the provisions of [section 1374 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1374&num=0&edition=prelim), permits may be issued by the Secretary for taking, and importation for purposes of scientific research, public display, photography for educational or commercial purposes, or enhancing the survival or recovery of a species or stock, or for importation of polar bear parts (other than internal organs) taken in sport hunts in Canada. Such permits, except permits issued under [section 1374(c)(5) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1374/c/5&num=0&edition=prelim), may be issued if the taking or importation proposed to be made is first reviewed by the Marine Mammal Commission and the Committee of Scientific Advisors on Marine Mammals established under subchapter III. The Commission and Committee shall recommend any proposed taking or importation, other than importation under [section 1374(c)(5) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1374/c/5&num=0&edition=prelim), which is consistent with the purposes and policies of [section 1361 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1361&num=0&edition=prelim). If the Secretary issues such a permit for importation, the Secretary shall issue to t
Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 1371
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Assessment of penalties** Any person who is found by the Director, after notice and opportunity for a hearing in accordance with subsection (b), to have committed any act prohibited by [section 2403(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section2403/a&num=0&edition=prelim) or to have violated any regulation prescribed under [section 2406 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section2406&num=0&edition=prelim) shall be liable to the United States for a civil penalty. The amount of the civil penalty shall not exceed $5,000 for each violation unless the prohibited act was knowingly committed, in which case the amount of the civil penalty shall not exceed $10,000 for each violation. Each day of a continuing violation shall constitute a separate offense. The amount of any civil penalty shall be assessed by the Director by written notice. Any civil penalty assessed under this subsection may be remitted or mitigated by the Director.
**(b) Hearings** Hearings for the assessment of civil penalties under subsection (a) shall be conducted in accordance with [section 554 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section554&num=0&edition=prelim). For the purposes of conducting any such hearing, the Director may issue subpenas for the attendance and testimony of witnesses and the production of relevant papers, books, and documents, and may administer oaths. Witnesses summoned shall be paid the same fees and mileage that are paid to witnesses in the courts of the United States. In case of contumacy or refusal to obey a subpena served upon any person pursuant to this subsection, the district court of the United States for any district in which such p
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Offenses** A person is guilty of an offense if he willfully commits any act prohibited by [section 2403(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section2403/a&num=0&edition=prelim).
**(b) Punishment** Any offense described in subsection (a) is punishable by a fine of $10,000, or imprisonment for not more than one year, or both.
**(c) Offenses under other laws** A conviction under subsection (a) for any act shall not be deemed to preclude a conviction for such act under any other law, including, but not limited to, the Marine Mammal Protection Act of 1972 [[16 U.S.C. 1361](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1361&num=0&edition=prelim) et seq.], the Endangered Species Act of 1973 [[16 U.S.C. 1531](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1531&num=0&edition=prelim) et seq.], and the Migratory Bird Treaty Act [[16 U.S.C. 703](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section703&num=0&edition=prelim) et seq.].
Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 2408
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Federal law — U.S. Code and appendices · legal_authorities
For the purposes of this chapter:
(1) The term “Agreement” means the Tripartite Agreement signed in March 1988, by the Director General for Ecological Conservation of Natural Resources of Mexico, the Director of the Canadian Wildlife Service, and the Director of the United States Fish and Wildlife Service.
(2) The term “appropriate Committees” means the Committee on Environment and Public Works of the United States Senate and the Committee on Resources of the House of Representatives.
(3) The term “flyway” means the four administrative units used by the United States Fish and Wildlife Service and the States in the management of waterfowl populations.
(4) The term “Migratory Bird Conservation Commission” means that commission established by [section 715a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section715a&num=0&edition=prelim).
(5) The term “migratory birds” means all wild birds native to North America that are in an unconfined state and that are protected under the Migratory Bird Treaty Act [[16 U.S.C. 703](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section703&num=0&edition=prelim) et seq.], including ducks, geese, and swans of the family Anatidae, species listed as threatened or endangered under the Endangered Species Act of 1973 ([16 U.S.C. 1531](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1531&num=0&edition=prelim) et seq.), and species defined as nongame under the Fish and Wildlife Conservation Act of 1980 ([16 U.S.C. 2901–291](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section2901–291&num=0&edition=prelim)2).
(6) The term “Plan” means the North American Waterfowl Management Plan signed by the Minister of the Environment for Canada an
Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 4402
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Federal law — U.S. Code and appendices · legal_authorities
The administration, protection, and development of the aforesaid national seashore recreational area shall be exercised under the direction of the Secretary of the Interior by the National Park Service, subject to the provisions of the Act of August 25, 1916 (39 Stat. 535), entitled “An Act to establish a National Park Service, and for other purposes”,11 See References in Text note below. as amended: Provided, That except as hereinafter provided nothing herein shall be construed to divest the jurisdiction of other agencies of the Government exercised on August 17, 1937, over Federal-owned lands within the area of the said Cape Hatteras National Seashore Recreational Area: Provided further, That the provisions of the Federal Power Act [[16 U.S.C. 791a](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section791a&num=0&edition=prelim) et seq.], shall not apply to this national seashore recreational area: And provided further, That the legal residents of villages referred to in [section 459 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section459&num=0&edition=prelim) shall have the right to earn a livelihood by fishing within the boundaries to be designated by the Secretary of the Interior, subject to such rules and regulations as the said Secretary may deem necessary in order to protect the area for recreational use as provided for in sections 459 to 459a–3 of this title: And provided further, That hunting shall be permitted, under such rules and regulations as may be prescribed by the Secretary of the Interior in conformity with the Migratory Bird Treaty Act of July 3, 1918 (40 Stat. 755) [[16 U.S.C. 703](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section703&num=0&edition=prelim) et seq.
Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 459a–1
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