16 U.S.C. § 705 — Transportation or importation of migra-

Page 1266 TITLE 16—CONSERVATION § 705 (i) the days selected— (I) may only include the hunting of duck, geese, swan, merganser, coot, moorhen, and gallinule species that are eligible for hunting under the applicable annual Federal framework; (II) are not more than 14 days before or after the Federal framework hunting season for ducks, mergansers, and coots; and (III) are otherwise consistent with the Federal framework; and (ii) the total number of days in a hunting season for any migratory bird species, in- cluding any days selected under subpara- graph (A), is not more than 107 days. (C) LIMITATION.—A State may combine the 2 days allowed for youths with the 2 days al- lowed for veterans and members of the Armed Forces on active duty under subpara- graph (A), but in no circumstance may a State have more than a total of 4 additional days added to its regular hunting season for any purpose. (3) REGULATIONS.—The Secretary shall pro- mulgate regulations in accordance with this subsection for the Federal framework for mi- gratory bird hunting for the 2019–2020 hunting season and each hunting season thereafter. (July 3, 1918, ch. 128, § 3, 40 Stat. 755; June 20, 1936, ch. 634, § 2, 49 Stat. 1556; 1939 Reorg. Plan No. II, § 4(f), eff. July 1, 1939, 4 F.R. 2731, 53 Stat. 1433; Pub. L. 105–312, title I, § 102, Oct. 30, 1998, 112 Stat. 2956; Pub. L. 116–9, title IV, § 4301, Mar. 12, 2019, 133 Stat. 764.) Editorial Notes AMENDMENTS 2019—Subsec. (c). Pub. L. 116–9 added subsec. (c). 1998—Pub. L. 105–312 designated existing provisions as subsec. (a) and added subsec. (b). 1936—Act June 20, 1936, substituted ‘‘conventions’’ for ‘‘convention’’ in two places. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1936 AMENDMENT Act June 20, 1936, ch. 634, § 2, 49 Stat. 1556, provided in part that the amendment by section 2 is effective as of the day aforesaid (June 30, 1937). See note under section 703 of this title. BAITING OF MIGRATORY GAME BIRDS Pub. L. 115–334, title XII, § 12601, Dec. 20, 2018, 132 Stat. 5003, provided that: ‘‘(a) DEFINITIONS.—In this section: ‘‘(1) NORMAL AGRICULTURAL OPERATION.—The term ‘normal agricultural operation’ has the meaning given the term in section 20.11 of title 50, Code of Fed- eral Regulations (as in effect on the date of enact- ment of this Act [Dec. 20, 2018]). ‘‘(2) POST-DISASTER FLOODING.—The term ‘post-dis- aster flooding’ means the destruction of a crop through flooding in accordance with practices re- quired by the Federal Crop Insurance Corporation for agricultural producers to obtain crop insurance under the Federal Crop Insurance Act (7 U.S.C. 1501 et seq.) on land on which a crop was not harvestable due to a natural disaster (including any hurricane, storm, tornado, flood, high water, wind-driven water, tidal wave, tsunami, earthquake, volcanic eruption, land- slide, mudslide, drought, fire, snowstorm, or other ca- tastrophe that is declared a major disaster by the President in accordance with section 401 of the Rob- ert T. Stafford Disaster Relief and Emergency Assist- ance Act (42 U.S.C. 5170)) in the crop year— ‘‘(A) in which the natural disaster occurred; or ‘‘(B) immediately preceding the crop year in which the natural disaster occurred. ‘‘(3) RICE RATOONING.—The term ‘rice ratooning’ means the agricultural practice of harvesting rice by cutting the majority of the aboveground portion of the rice plant but leaving the roots and growing shoot apices intact to allow the plant to recover and produce a second crop yield. ‘‘(b) REGULATIONS TO EXCLUDE RICE RATOONING AND POST-DISASTER FLOODING.—Not later than 30 days after the date of enactment of this Act, the Secretary of the Interior, in consultation with the Secretary of Agri- culture, shall revise part 20 of title 50, Code of Federal Regulations, to clarify that rice ratooning and post-dis- aster flooding, when carried out as part of a normal ag- ricultural operation, do not constitute baiting. ‘‘(c) REPORTS.—Not less frequently than once each year— ‘‘(1) the Secretary of Agriculture shall submit to the Secretary of the Interior a report that describes any changes to normal agricultural operations across the range of crops grown by agricultural producers in each region of the United States in which the official recommendations described in section 20.11(h) of title 50, Code of Federal Regulations (as in effect on the date of enactment of this Act), are provided to agri- cultural producers; and ‘‘(2) the Secretary of the Interior, in consultation with the Secretary of Agriculture and after seeking input from the heads of State departments of fish and wildlife or the Regional Migratory Bird Flyway Coun- cils of the United States Fish and Wildlife Service, shall publicly post a report on the impact that rice ratooning and post-disaster flooding have on the be- havior of migratory game birds that are hunted in the area in which rice ratooning and post-disaster flooding, respectively, have occurred.’’ REPORT ON EFFECTS OF 1998 AMENDMENTS Pub. L. 105–312, title I, § 104, Oct. 30, 1998, 112 Stat. 2956, directed that no later than 5 years after Oct. 30, 1998, the Secretary of the Interior submit to the appro- priate Senate and House committees a report analyzing the effect of certain amendments made by Pub. L. 105–312, and the general practice of baiting, on migra- tory bird conservation and law enforcement efforts under the Migratory Bird Treaty Act (16 U.S.C. 703 et seq.). 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. DELEGATION OF FUNCTIONS For delegation to Secretary of the Interior of author- ity vested in President, see Ex. Ord. No. 10752, Feb. 12, 1958, 23 F.R. 973, set out as a note under section 715j of Title 15, Commerce and Trade. Secretary of the Interior empowered to promulgate regulations under this section without approval, ratifi- cation, or other action of President, see section 2(b) of Ex. Ord. No. 10250, June 5, 1951, 16 F.R. 5385, set out as a note under section 301 of Title 3, The President. § 705. Transportation or importation of migra- tory birds; when unlawful It shall be unlawful to ship, transport, or carry, by any means whatever, from one State, Page 1267 TITLE 16—CONSERVATION § 706 Territory, or district to or through another State, Territory, or district, or to or through a foreign country, any bird, or any part, nest, or egg thereof, captured, killed, taken, shipped, transported, or carried at any time contrary to the laws of the State, Territory, or district in which it was captured, killed, or taken, or from which it was shipped, transported, or carried. It shall be unlawful to import any bird, or any part, nest, or egg thereof, captured, killed, taken, shipped, transported, or carried contrary to the laws of any Province of the Dominion of Canada in which the same was captured, killed, or taken, or from which it was shipped, trans- ported, or carried. (July 3, 1918, ch. 128, § 4, 40 Stat. 755; June 20, 1936, ch. 634, § 4, 49 Stat. 1556; 1939 Reorg. Plan No. II, § 4(f), eff. July 1, 1939, 4 F.R. 2731, 53 Stat. 1433; Pub. L. 91–135, § 10, Dec. 5, 1969, 83 Stat. 282.) Editorial Notes AMENDMENTS 1969—Pub. L. 91–135 repealed second par., which pro- hibited shipment of wild game mammals or parts there- of by any person of the United States to and from Mex- ico, except by permit from the Secretary of the Inte- rior. 1936—Act June 20, 1936, inserted last sentence. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1969 AMENDMENT Pub. L. 91–135, § 11, Dec. 5, 1969, 83 Stat. 282, provided that: ‘‘The provisions of sections 1 through 10 of this Act [enacting sections 668cc–1 to 668cc–6 of this title and amending this section, sections 851, 852, 852a, and 852d of this title, and sections 43, 44, 3054, and 3112 of Title 18, Crimes and Criminal Procedure] shall be effec- tive one hundred and eighty days after the date of en- actment of this Act [Dec. 5, 1969].’’ EFFECTIVE DATE OF 1936 AMENDMENT Act June 20, 1936, ch. 634, § 4, 49 Stat. 1556, provided in part that the amendment by section 4 is effective as of the day aforesaid (June 30, 1937). See note under section 703 of this title. 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. § 706. Arrests; search warrants Any employee of the Department of the Inte- rior 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 sub- chapter in his presence or view and to take such person immediately for examination or trial be- fore an officer or court of competent jurisdic- tion; 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 estab- lished 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 regula- tion 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, im- ported, exported, or possessed contrary to the provisions of this subchapter or of any regula- tion prescribed thereunder, shall be forfeited to the United States and disposed of by the Sec- retary of the Interior in such manner as he deems appropriate. (July 3, 1918, ch. 128, § 5, 40 Stat. 756; 1939 Reorg. Plan No. II, § 4(f), eff. July 1, 1939, 4 F.R. 2731, 53 Stat. 1433; Pub. L. 90–578, title IV, § 402(b)(2), Oct. 17, 1968, 82 Stat. 1118; Pub. L. 95–616, § 3(h)(1), Nov. 8, 1978, 92 Stat. 3111; Pub. L. 101–650, title III, § 321, Dec. 1, 1990, 104 Stat. 5117.) Editorial Notes AMENDMENTS 1978—Pub. L. 95–616 made provisions respecting sei- zures and judgment of court applicable to birds, or parts, nests, or eggs sold or offered for sale, bartered or offered for barter, purchased, imported and exported and substituted ‘‘any regulation prescribed there- under’’ in two places for ‘‘any regulations made pursu- ant thereto’’ and ‘‘any regulation made pursuant there- to’’ and provision for disposition of the birds, etc., by Secretary of the Interior in such manner as he deems appropriate for prior provision for such disposition as directed by court having jurisdiction. Statutory Notes and Related Subsidiaries CHANGE OF NAME ‘‘United States magistrate judges’’ substituted for ‘‘United States magistrates’’ in text pursuant to sec- tion 321 of Pub. L. 101–650, set out as a note under sec- tion 631 of Title 28, Judiciary and Judicial Procedure. Previously, ‘‘United States magistrates’’ substituted in text for ‘‘United States commissioners’’ pursuant to Pub. L. 90–578. See chapter 43 (§ 631 et seq.) of Title 28. Executive Documents TRANSFER OF FUNCTIONS Enforcement functions of Secretary or other official in Department of the Interior related to compliance with protection of certain birds under this subchapter with respect to pre-construction, construction, and ini- tial operation of transportation system for Canadian and Alaskan natural gas transferred to Federal Inspec- tor, Office of Federal Inspector for Alaska Natural Gas Transportation System, until first anniversary of date of initial operation of Alaska Natural Gas Transpor- tation System, see Reorg. Plan No. 1 of 1979, §§ 102(e), 203(a), 44 F.R. 33663, 33666, 93 Stat. 1373, 1376, effective July 1, 1979, set out in the Appendix to Title 5, Govern- ment Organization and Employees. Office of Federal In- spector for the Alaska Natural Gas Transportation Sys- tem abolished and functions and authority vested in In- spector transferred to Secretary of Energy by section 3012(b) of Pub. L. 102–486, set out as an Abolition of Of- fice of Federal Inspector note under section 719e of Title 15, Commerce and Trade. Functions and authority