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16 U.S.C. § 708 — State or Territorial laws or regulations
Federal law — U.S. Code and appendices · legal_authorities
Nothing in this subchapter shall be construed to prevent the several States and Territories from making or enforcing laws or regulations not inconsistent with the provisions of said conventions or of this subchapter, or from making or enforcing laws or regulations which shall give further protection to migratory birds, their nests, and eggs, if such laws or regulations do not extend the open seasons for such birds beyond the dates approved by the President in accordance with [section 704 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section704&num=0&edition=prelim).
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Source file: Laws/federal/codes/united-states-code/title-16/section-708-state-or-territorial-laws-or-regulations--9757ae0cf0.md
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Source location: Title 16, Chapter 7, § 708; chapter-007-protection-of-migratory-game-and-insectivorous-birds.md
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Nothing in this subchapter shall be construed to prevent the several States and Territories from making or enforcing laws or regulations not inconsistent with the provisions of said conventions or of this subchapter, or from making or enforcing laws or regulations which shall give further protection to migratory birds, their nests, and eggs, if such laws or regulations do not extend the open seasons for such birds beyond the dates approved by the President in accordance with [section 704 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section704&num=0&edition=prelim).
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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
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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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Federal law — U.S. Code and appendices · legal_authorities
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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