Federal Laws
Endangered Species Act
Migratory Bird Treaty Act
Endangered
Species Act
Findings,
Purposes, and Policy SEC. 2.
(a) FINDINGS.-The Congress finds and declares that-
(1) various species of fish, wildlife, and plants in the United
States have been rendered extinct as a consequence of economic
growth and development untempered by adequate concern and conservation;
(2) other species of fish, wildlife, and plants have been so depleted
in numbers that they are in danger of or threatened with extinction;
(3) these species of fish, wildlife, and plants are of aesthetic,
ecological, educational, historical, recreational, and scientific
value to the Nation and its people;
(4) the United States has pledged itself as a sovereign state
in the international community to conserve to the extent practicable
the various species of fish or wildlife and plants facing extinction,
pursuant to-
(A) migratory bird treaties with Canada and Mexico;
(B) the Migratory and Endangered Bird Treaty with Japan;
(C) the Convention on Nature Protection and Wildlife Preservation
in the Western Hemisphere;
(D) the International Convention for the Northwest Atlantic Fisheries;
(E) the International Convention for the High Seas Fisheries of
the North Pacific Ocean;
(F) the Convention on International Trade in Endangered Species
of Wild Fauna and Flora; and
(G) other international agreements; and
(5) encouraging the States and other interested parties, through
Federal financial assistance and a system of incentives, to develop
and maintain conservation programs which meet national and international
standards is a key to meeting the Nation's international commitments
and to better safeguarding, for the benefit of all citizens, the
Nation's heritage in fish, wildlife, and plants.
(b) PURPOSES.-The purposes of this Act are to provide a means
whereby the ecosystems upon which endangered species and threatened
species depend may be conserved, to provide a program for the
conservation of such endangered species and threatened species,
and to take such steps as may be appropriate to achieve the purposes
of the treaties and conventions set forth in subsection (a) of
this section.
(c) POLICY.-
(1) It is further declared to be the policy of Congress that all
Federal departments and agencies shall seek to conserve endangered
species and threatened species and shall utilize their authorities
in furtherance of the purposes of this Act.
(2) It is further declared to be the policy of Congress that Federal
agencies shall cooperate with State and local agencies to resolve
water resource issues in concert with conservation of endangered
species.
Migratory
Bird Treaty Act
TITLE
16 > CHAPTER 7 > SUBCHAPTER II > § 703
703. Taking, killing, or possessing migratory birds unlawful
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 eggs 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 [1]
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.
TITLE
16 > CHAPTER 7 > SUBCHAPTER II > § 704
704. Determination as to when and how migratory birds
may be taken, killed, or possessed
(a) Subject to the provisions and in order to carry out the purposes
of the conventions, referred to in section 703 of this title,
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.
TITLE
16 > CHAPTER 7 > SUBCHAPTER II > § 705
705. Transportation or importation of migratory birds;
when unlawful
It shall be unlawful to ship, transport, or carry, by any means
whatever, from one State, 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, transported, or carried.
TITLE
16 > CHAPTER 7 > SUBCHAPTER II > § 708
§ 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 conventions 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 beyond the dates approved by the President
in accordance with section 704 of this title.
TITLE
16 > CHAPTER 7 > SUBCHAPTER II > § 707
§ 707. Violations and penalties; forfeitures
(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.
Species
Protected under the Migratory Bird Treaty Act |
Laws
