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16 U.S.C. § 710 — Partial invalidity; short title
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.
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Stable record: federal_law:legal_authorities:record_usc_bc86c24d5c4384f3e251a406
Source file: Laws/federal/codes/united-states-code/title-16/section-710-partial-invalidity-short-title--15b19c3f83.md
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Source location: Title 16, Chapter 7, § 710; chapter-007-protection-of-migratory-game-and-insectivorous-birds.md
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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.
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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
**(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
Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 703
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** The Director may issue permits which authorize acts otherwise prohibited by [section 2403(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section2403/b&num=0&edition=prelim).
**(b) Applications for permits**
(1) Applications for permits under this section shall be made in such manner and form, and shall contain such information, as the Director shall by regulation prescribe.
(2) The Director shall publish notice in the Federal Register of each application which is made for a permit under this section. The notice shall invite the submission by interested parties, within 30 days after the date of publication of the notice, of written data, comments, or views with respect to the application. Information received by the Director as a part of any application shall be available to the public as a matter of public record.
**(c) Action by appropriate Secretaries on certain permit applications**
(1) If the Director receives an application for a permit under this section requesting authority to undertake any action with respect to—
(A) any native mammal which is a marine mammal within the meaning of section 1362(5) 11 See References in Text note below. of this title;
(B) any native mammal, native bird, or native plant which is an endangered species or 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.); or
(C) any native bird which is protected under the Migratory Bird Treaty Act ([16 U.S.C. 701](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section701&num=0&edition=prelim) et seq.);
the Director shall submit a copy of the application to the Secreta
Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 2404
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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
Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 2407
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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
**(a) Conservation activities** The Secretary shall undertake the following research and conservation activities, in coordination with other Federal, State, international and private organizations, to assist in fulfilling his responsibilities to conserve migratory nongame birds under existing authorities provided by the Migratory Bird Treaty Act and Migratory Bird Conservation Act ([16 U.S.C. 701–715](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section701–715&num=0&edition=prelim)) and section 8A(e) of the Endangered Species Act [[16 U.S.C. 1537a(e)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1537a/e&num=0&edition=prelim)] implementing the Convention on Nature Protection and Wildlife Preservation in the Western Hemisphere:
(1) monitor and assess population trends and status of species, subspecies, and populations of all migratory nongame birds;
(2) identify the effects of environmental changes and human activities on species, subspecies, and populations of all migratory nongame birds;
(3) identify species, subspecies, and populations of all migratory nongame birds that, without additional conservation actions, are likely to become candidates for listing under the Endangered Species Act of 1973, as amended ([16 U.S.C. 1531–154](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1531–154&num=0&edition=prelim)3);
(4) identify conservation actions to assure that species, subspecies, and populations of migratory nongame birds identified under paragraph (3) do not reach the point at which the measures provided pursuant to the Endangered Species Act of 1973, as amended ([16 U.S.C. 1531–154](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1531–154&num=0&edition=pre
Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 2912
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Federal law — U.S. Code and appendices · legal_authorities
Nothing in this subchapter shall be construed as—
(1) granting any property right in any fish or wildlife or other resource of the public lands or as permitting the level of subsistence uses of fish and wildlife within a conservation system unit to be inconsistent with the conservation of healthy populations, and within a national park or monument to be inconsistent with the conservation of natural and healthy populations, of fish and wildlife. No privilege which may be granted by the State to any individual with respect to subsistence uses may be assigned to any other individual;
(2) permitting any subsistence use of fish and wildlife on any portion of the public lands (whether or not within any conservation system unit) which was permanently closed to such uses on January 1, 1978, or enlarging or diminishing the Secretary’s authority to manipulate habitat on any portion of the public lands;
(3) authorizing a restriction on the taking of fish and wildlife for nonsubsistence uses on the public lands (other than national parks and park monuments) unless necessary for the conservation of healthy populations of fish and wildlife, for the reasons set forth in [section 3126 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section3126&num=0&edition=prelim), to continue subsistence uses of such populations, or pursuant to other applicable law; or
(4) modifying or repealing the provisions of any Federal law governing the conservation or protection of fish and wildlife, including the National Wildlife Refuge System Administration Act of 1966 (80 Stat. 927; [16 U.S.C. 668dd](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section668dd&num=0&edition=prelim)–jj), section 100101(b)(1), chapter 1003, and sections 100751(a),
Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 3125
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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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Federal law — U.S. Code and appendices · legal_authorities
Moneys now or hereafter available to the Secretary of the Interior for the administration and enforcement of the Migratory Bird Treaty Act of July 3, 1918 [[16 U.S.C. 703](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section703&num=0&edition=prelim) et seq.], shall be equally available for the administration and enforcement of this subchapter.
Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 668d
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