§ 707. Violations and penalties; forfeitures

Statutory text

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.

Whoever, in violation of this subchapter, shall knowingly—

take by any manner whatsoever any migratory bird with intent to sell, offer to sell, barter or offer to barter such bird, or

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.

Whoever violates section 704(b)(2) of this title shall be fined under title 18, imprisoned not more than 1 year, or both.

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.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1918
A|Migratory Bird Treaty Act
Pub. L. 65–128 § 6 · 40 Stat. 755
Enacted · 16 U.S.C. § 707
July 3, 1918, ch. 128, § 6, 40 Stat. 756
Source evidence
Code source credit
July 3, 1918, ch. 128, § 6, 40 Stat. 756
Enacted provision · exact public law section
Sec. 6. That any person, association, partnership, or corporation who shall violate any of the provisions of said convention or of this Act, or who shall violate or fail to comply with any regulation made pursuant to this Act, shall be deemed guilty of a misdemeanor and upon conviction there of shall be finca not more than $500 or be imprisoned not more than six months, or both.
1960
Pub. L. 86–732 · 74 Stat. 866
1. Amended · 16 U.S.C. § 707
  Pub. L. 86–732 designated existing provisions as subsec. (a)
2. Inserted · 16 U.S.C. § 707
  Pub. L. 86–732 inserted “Except as otherwise provided in this section”
3. Added · 16 U.S.C. § 707
  Pub. L. 86–732 added subsecs. (b) and (c)
Source evidence
Code amendment note
Pub. L. 86–732 designated existing provisions as subsec. (a), inserted “Except as otherwise provided in this section”, and added subsecs. (b) and (c).
1986
Emergency Wetlands Resources Act of 1986
Pub. L. 99–645 title V § 501 · 100 Stat. 3582
Substituted · 16 U.S.C. § 707(b)
Pub. L. 99–645 substituted “shall knowingly” for “shall” in introductory provisions
Source evidence
Code amendment note
Subsec. (b). Pub. L. 99–645 substituted “shall knowingly” for “shall” in introductory provisions.
Enacted provision · exact public law section
SEC. 501. MIGRATORY BIRD TREATY ACT. Section 6(b) of the Act of July 3, 1918 (16 U.S.C. 707(b)) is amended by deleting “shall” the first place it appears therein and by inserting in lieu thereof “shall knowingly”.
1998
Migratory Bird Treaty Reform Act of 1998
Pub. L. 105–312 § 103(1) · 112 Stat. 2956
Substituted · 16 U.S.C. § 707(a)
Pub. L. 105–312, § 103(1), substituted “$15,000” for “$500”
Source evidence
Code amendment note
Subsec. (a). Pub. L. 105–312, § 103(1), substituted “$15,000” for “$500”.
Enacted provision · exact public law section
(1) in subsection (a), by striking “$500”and inserting“$15,000”;
1998
Migratory Bird Treaty Reform Act of 1998
Pub. L. 105–312 § 103(2) · 112 Stat. 2956
1. Added · 16 U.S.C. § 707(c); 16 U.S.C. § 707(d)
  Pub. L. 105–312, § 103(2), (3), added subsec. (c)
2. Redesignated · 16 U.S.C. § 707(c); 16 U.S.C. § 707(d)
  Pub. L. 105–312, § 103(2), (3), redesignated former subsec. (c) as (d)
Source evidence
Code amendment note
Subsecs. (c), (d). Pub. L. 105–312, § 103(2), (3), added subsec. (c) and redesignated former subsec. (c) as (d).
Enacted provision · exact public law section
(2) by redesignating subsection (c) as subsection (d); and

5 of 8 references resolved to an enrolled provision · 3 partial

Editorial Notes

Amendments1936–1998 · 4 rounds

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.

Credits

1918–1998 · 5 acts

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

Show as published

(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.)