2021 US Code
Title 16 - Conservation
Chapter 7 - Protection of Migratory Game and Insectivorous Birds
Subchapter II - Migratory Bird Treaty
Sec. 707 - Violations and penalties; forfeitures

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Citation 16 U.S.C. § 707 (2021)
Section Name §707. Violations and penalties; forfeitures
Section Text

(a) Except as otherwise provided in this section, 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 regulation made pursuant to this subchapter shall be deemed guilty of a misdemeanor and upon conviction 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 migratory 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 barter, any migratory bird shall be guilty of a felony 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 transportation used by any person when engaged in pursuing, hunting, taking, trapping, ensnaring, capturing, 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 conviction 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.

Source Credit

(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 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 Secretary or other official in Department of the Interior under this subchapter to Federal Inspector, Office of Federal Inspector for the Alaska Natural Gas Transportation System, and subsequent transfer to Secretary of Energy, then to Federal Coordinator for Alaska Natural Gas Transportation Projects, see Transfer of Functions note set out under section 706 of this title.

Publication Title United States Code, 2018 Edition, Supplement 3, Title 16 - CONSERVATION
Category Bills and Statutes
Collection United States Code
SuDoc Class Number Y 1.2/5:
Contained Within Title 16 - CONSERVATION
CHAPTER 7 - PROTECTION OF MIGRATORY GAME AND INSECTIVOROUS BIRDS
SUBCHAPTER II - MIGRATORY BIRD TREATY
Sec. 707 - Violations and penalties; forfeitures
Contains section 707
Date 2021
Laws In Effect As Of Date January 3, 2022
Positive Law No
Disposition standard
Statutes at Large References 40 Stat. 756
49 Stat. 1556
74 Stat. 866
100 Stat. 3590
112 Stat. 2956
Public Law References Public Law 86-732, Public Law 99-645, Public Law 105-312
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