16 U.S.C. § 702 — Importation of eggs of game birds for prop-

Page 1262 TITLE 16—CONSERVATION § 702 (12) provide training and information to appropriate employees on methods and means of avoiding or mini- mizing the take of migratory birds and conserving and restoring migratory bird habitat; (13) promote migratory bird conservation in inter- national activities and with other countries and inter- national partners, in consultation with the Department of State, as appropriate or relevant to the agency’s au- thorities; (14) recognize and promote economic and recreational values of birds, as appropriate; and (15) develop partnerships with non-Federal entities to further bird conservation. (f) Notwithstanding the requirement to finalize an MOU within 2 years, each agency is encouraged to im- mediately begin implementing the conservation meas- ures set forth above in subparagraphs (1) through (15) of this section, as appropriate and practicable. (g) Each agency shall advise the public of the avail- ability of its MOU through a notice published in the Federal Register. SEC. 4. Council for the Conservation of Migratory Birds. (a) The Secretary of Interior shall establish an inter- agency Council for the Conservation of Migratory Birds (Council) to oversee the implementation of this order. The Council’s duties shall include the following: (1) sharing the latest resource information to assist in the conservation and management of migratory birds; (2) developing an annual report of accomplishments and recommendations related to this order; (3) fostering partnerships to further the goals of this order; and (4) selecting an annual recipient of a Presidential Migra- tory Bird Federal Stewardship Award for contributions to the protection of migratory birds. (b) The Council shall include representation, at the bureau director/administrator level, from the Depart- ments of the Interior, State, Commerce, Agriculture, Transportation, Energy, Defense, and the Environ- mental Protection Agency and from such other agen- cies as appropriate. SEC. 5. Application and Judicial Review. (a) This order and the MOU to be developed by the agencies do not re- quire changes to current contracts, permits, or other third party agreements. (b) This order is intended only to improve the inter- nal management of the executive branch and does not create any right or benefit, substantive or procedural, separately enforceable at law or equity by a party against the United States, its agencies or instrumen- talities, its officers or employees, or any other person. WILLIAM J. CLINTON. § 702. Importation of eggs of game birds for prop- agation The Secretary of the Interior shall have the power to authorize the importation of eggs of game birds for purposes of propagation, and he shall prescribe all necessary rules and regula- tions governing the importation of eggs of said birds for such purposes. (June 3, 1902, ch. 983, 32 Stat. 285; 1939 Reorg. Plan No. II, § 4(f), eff. July 1, 1939, 4 F.R. 2731, 53 Stat. 1433.) Executive Documents TRANSFER OF FUNCTIONS 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. SUBCHAPTER II—MIGRATORY BIRD TREATY § 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, cap- ture, kill, attempt to take, capture, or kill, pos- sess, offer for sale, sell, offer to barter, barter, offer to purchase, purchase, deliver for ship- ment, ship, export, import, cause to be shipped, exported, or imported, deliver for transpor- tation, transport or cause to be transported, carry or cause to be carried, or receive for ship- ment, transportation, carriage, or export, any migratory bird, any part, nest, or egg of any such bird, or any product, whether or not manu- factured, 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 con- ventions 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 pro- tection 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 Novem- ber 19, 1976. (b) Limitation on application to introduced spe- cies (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 sub- section the term ‘‘native to the United States or its territories’’ means occurring in the United States or its territories as the re- sult of natural biological or ecological proc- esses. (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 inten- tional or unintentional human-assisted in- troduction 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 through- out its range in the United States and its territories; and (iii) after such extirpation, it was re- introduced in the United States or its ter- ritories as a part of a program carried out by a Federal agency. (July 3, 1918, ch. 128, § 2, 40 Stat. 755; June 20, 1936, ch. 634, § 3, 49 Stat. 1556; Pub. L. 93–300, § 1,