
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 16USC707]

 
                         TITLE 16--CONSERVATION
 
     CHAPTER 7--PROTECTION OF MIGRATORY GAME AND INSECTIVOROUS BIRDS
 
                  SUBCHAPTER II--MIGRATORY BIRD TREATY
 
Sec. 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.

(July 3, 1918, ch. 128, Sec. 6, 40 Stat. 756; June 20, 1936, ch. 634, 
Sec. 2, 49 Stat. 1556; Pub. L. 86-732, Sept. 8, 1960, 74 Stat. 866; Pub. 
L. 99-645, title V, Sec. 501, Nov. 10, 1986, 100 Stat. 3590; Pub. L. 
105-312, title I, Sec. 103, Oct. 30, 1998, 112 Stat. 2956.)


                               Amendments

    1998--Subsec. (a). Pub. L. 105-312, Sec. 103(1), substituted 
``$15,000'' for ``$500''.
    Subsecs. (c), (d). Pub. L. 105-312, Sec. 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''.


                    Effective Date of 1936 Amendment

    Section effective June 30, 1937, see section 1 of act June 20, 1936, 
set out as a note under section 703 of this title.

                          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, 
see Transfer of Functions note set out under section 706 of this title.

                  Section Referred to in Other Sections

    This section is referred to in sections 718g, 4406 of this title; 
title 43 section 1474c.
