16 U.S.C. § 709a — Authorization of appropriations

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 this subchapter shall be forfeited to the United States and may be seized and held pending the prosecution of any person arrested for violating this subchapter and upon convic- tion for such violation, such forfeiture shall be adjudicated as a penalty in addition to any other provided for violation of this subchapter. Such forfeited property shall be disposed of and accounted for by, and under the authority of, the Secretary of the Interior. (July 3, 1918, ch. 128, § 6, 40 Stat. 756; June 20, 1936, ch. 634, § 2, 49 Stat. 1556; Pub. L. 86–732, Sept. 8, 1960, 74 Stat. 866; Pub. L. 99–645, title V, § 501, Nov. 10, 1986, 100 Stat. 3590; Pub. L. 105–312, title I, § 103, Oct. 30, 1998, 112 Stat. 2956.) Editorial Notes AMENDMENTS 1998—Subsec. (a). Pub. L. 105–312, § 103(1), substituted ‘‘$15,000’’ for ‘‘$500’’. Subsecs. (c), (d). Pub. L. 105–312, § 103(2), (3), added subsec. (c) and redesignated former subsec. (c) as (d). 1986—Subsec. (b). Pub. L. 99–645 substituted ‘‘shall knowingly’’ for ‘‘shall’’ in introductory provisions. 1960—Pub. L. 86–732 designated existing provisions as subsec. (a), inserted ‘‘Except as otherwise provided in this section’’, and added subsecs. (b) and (c). 1936—Act June 20, 1936, substituted ‘‘conventions’’ for ‘‘convention’’. 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. Executive Documents TRANSFER OF FUNCTIONS For transfer of certain enforcement functions of Sec- retary or other official in Department of the Interior under this subchapter to Federal Inspector, Office of Federal Inspector for the Alaska Natural Gas Transpor- tation System, and subsequent transfer to Secretary of Energy, then to Federal Coordinator for Alaska Nat- ural Gas Transportation Projects, see Transfer of Func- tions note set out under section 706 of this title. § 708. State or Territorial laws or regulations 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 con- ventions 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 be- yond the dates approved by the President in ac- cordance with section 704 of this title. (July 3, 1918, ch. 128, § 7, 40 Stat. 756; June 20, 1936, ch. 634, § 2, 49 Stat. 1556.) Editorial Notes AMENDMENTS 1936—Act June 20, 1936, substituted ‘‘conventions’’ for ‘‘convention’’. 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. § 709. Omitted Editorial Notes CODIFICATION Section, act July 3, 1918, ch. 128, § 8, 40 Stat. 756, au- thorized taking and use of migratory birds, nests, or eggs for scientific or propagating purposes until adop- tion and approval, pursuant to section 704 of this title, of regulations dealing therewith. Regulations were pro- mulgated by Proc. July 31, 1918, 40 Stat. 1812. § 709a. Authorization of appropriations There is hereby authorized to be appropriated, from time to time, out of any money in the Treasury not otherwise appropriated, such amounts as may be necessary to carry out the provisions and to accomplish the purposes of said conventions and of this subchapter and reg- ulations made pursuant thereto, and the Sec- retary of the Interior is authorized out of such moneys to employ in the city of Washington and elsewhere such persons and means as he may deem necessary for such purpose and may co- Page 1269 TITLE 16—CONSERVATION § 715 operate with local authorities in the protection of migratory birds and make the necessary in- vestigations connected therewith. (July 3, 1918, ch. 128, § 9, as added June 20, 1936, ch. 634, § 5, 49 Stat. 1556; amended 1939 Reorg. Plan No. II, § 4(f), eff. July 1, 1939, 4 F.R. 2731, 53 Stat. 1433.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Act June 20, 1936, ch. 634, § 5, 49 Stat. 1556, provided in part that this section is effective as of the day afore- said (June 30, 1937). See Effective Date of 1936 Amend- ment note set out under section 703 of this title. AVAILABILITY OF FUNDS Act June 20, 1936, ch. 634, § 6, 49 Stat. 1557, provided: ‘‘That all moneys now or hereafter available for admin- istration and enforcement of said Act approved July 3, 1918 [this subchapter], shall be equally available for the administration and enforcement of said Act as hereby amended.’’ Executive Documents TRANSFER OF FUNCTIONS For transfer of certain enforcement functions of Sec- retary or other official in Department of the Interior under this subchapter to Federal Inspector, Office of Federal Inspector for Alaska Natural Gas Transpor- tation System, and subsequent transfer to Secretary of Energy, then to Federal Coordinator for Alaska Nat- ural Gas Transportation Projects, see Transfer of Func- tions note set out under section 706 of this title. 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. § 710. Partial invalidity; short title 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 con- troversy in which such judgment shall have been rendered. (July 3, 1918, ch. 128, §§ 1, 10, 40 Stat. 755, 757.) Editorial Notes CODIFICATION The provisions of this section relating to short title are from section 1 of act July 3, 1918, and the provisions relating to severability are from section 10 of that act. Statutory Notes and Related Subsidiaries SHORT TITLE OF 2004 AMENDMENT Pub. L. 108–447, div. E, title I, § 143(a), Dec. 8, 2004, 118 Stat. 3071, provided that: ‘‘This section [amending sec- tion 703 of this title and enacting provisions set out as notes under section 703 of this title] may be cited as the ‘Migratory Bird Treaty Reform Act of 2004’.’’ SHORT TITLE OF 1998 AMENDMENT Pub. L. 105–312, title I, § 101, Oct. 30, 1998, 112 Stat. 2956, provided that: ‘‘This title [amending sections 704 and 707 of this title and enacting provisions set out as a note under section 704 of this title] may be cited as the ‘Migratory Bird Treaty Reform Act of 1998’.’’ § 711. Breeding and sale for food supply Nothing in this subchapter shall be construed to prevent the breeding of migratory game birds on farms and preserves and the sale of birds so bred under proper regulation for the purpose of increasing the food supply. (July 3, 1918, ch. 128, § 12, 40 Stat. 757.) § 712. Treaty and convention implementing regu- lations; seasonal taking of migratory birds for essential needs of indigenous Alaskans to preserve and maintain stocks of the birds; protection and conservation of the birds (1) In accordance with the various migratory bird treaties and conventions with Canada, Japan, Mexico, and the Union of Soviet Socialist Republics, the Secretary of the Interior is au- thorized to issue such regulations as may be necessary to assure that the taking of migratory birds and the collection of their eggs, by the in- digenous inhabitants of the State of Alaska, shall be permitted for their own nutritional and other essential needs, as determined by the Sec- retary of the Interior, during seasons estab- lished so as to provide for the preservation and maintenance of stocks of migratory birds. (2) The Secretary of the Interior is authorized to issue such regulations as may be necessary to implement the provisions of the convention be- tween the United States and Great Britain for the protection of migratory birds concluded Au- gust 16, 1916, the convention between the United States and the United Mexican States for the protection of migratory birds and game mam- mals concluded February 7, 1936, the convention between the United States and the Government of Japan for the protection of migratory birds in danger of extinction, and their environment concluded March 4, 1972, and the convention be- tween the United States and the Union of Soviet Socialist Republics for the conservation of mi- gratory birds and their environment concluded November 19, 1976. (Pub. L. 95–616, § 3(h)(2), (3), Nov. 8, 1978, 92 Stat. 3112.) Editorial Notes CODIFICATION Par. (1) of section 3(h) of Pub. L. 95–616 amended sec- tion 706 of this title. Pars. (2) and (3) of such section 3(h) were redesignated (1) and (2) for codification pur- poses. Section was enacted as part of the Fish and Wildlife Improvement Act of 1978, and not as part of the Migra- tory Bird Treaty Act which comprises this subchapter. SUBCHAPTER III—MIGRATORY BIRD CONSERVATION § 715. Short title This subchapter shall be known by the short title of ‘‘Migratory Bird Conservation Act.’’ (Feb. 18, 1929, ch. 257, § 1, 45 Stat. 1222.)