§ 2912. — Federal conservation of migratory nongame birds.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 16USC2912]
TITLE 16--CONSERVATION
CHAPTER 49--FISH AND WILDLIFE CONSERVATION
Sec. 2912. Federal conservation of migratory nongame birds
(a) Conservation activities
The Secretary shall undertake the following research and
conservation activities, in coordination with other Federal, State,
international and private organizations, to assist in fulfilling his
responsibilities to conserve migratory nongame birds under existing
authorities provided by the Migratory Bird Treaty Act and Migratory Bird
Conservation Act (16 U.S.C. 701-715) and section 8A(e) of the Endangered
Species Act [16 U.S.C. 1537a(e)] implementing the Convention on Nature
Protection and Wildlife Preservation in the Western Hemisphere:
(1) monitor and assess population trends and status of species,
subspecies, and populations of all migratory nongame birds;
(2) identify the effects of environmental changes and human
activities on species, subspecies, and populations of all migratory
nongame birds;
(3) identify species, subspecies, and populations of all
migratory nongame birds that, without additional conservation
actions, are likely to become candidates for listing under the
Endangered Species Act of 1973, as amended (16 U.S.C. 1531-1543);
(4) identify conservation actions to assure that species,
subspecies, and populations of migratory nongame birds identified
under paragraph (3) do not reach the point at which the measures
provided pursuant to the Endangered Species Act of 1973, as amended
(16 U.S.C. 1531-1543) become necessary; and
(5) identify lands and waters in the United States and other
nations in the Western Hemisphere whose protection, management, or
acquisition will foster the conservation of species, subspecies, and
populations of migratory nongame birds, including those identified
in paragraph (3).
(b) Reports
Within one year after November 14, 1988, and at five-year intervals
thereafter, the Secretary shall prepare a report that presents the
results of the activities taken pursuant to subsection (a) of this
section and that describes any efforts to carry out those conservation
actions identified pursuant to paragraph (4) of subsection (a) of this
section. Such reports shall be submitted to the Committee on Environment
and Public Works of the United States Senate and to the Committee on
Merchant Marine and Fisheries of the United States House of
Representatives.
(Pub. L. 96-366, Sec. 13, as added Pub. L. 100-653, title VIII,
Sec. 802, Nov. 14, 1988, 102 Stat. 3833; amended Pub. L. 101-233,
Sec. 16(b), Dec. 13, 1989, 103 Stat. 1977.)
References in Text
The Migratory Bird Treaty Act, referred to in subsec. (a), is act
July 3, 1918, ch. 128, 40 Stat. 755, as amended, which is classified
generally to subchapter II (Sec. 703 et seq.) of chapter 7 of this
title. For complete classification of this Act to the Code, see section
710 of this title and Tables.
The Migratory Bird Conservation Act, referred to in subsec. (a), is
act Feb. 18, 1929, ch. 257, 45 Stat. 1222, as amended, which is
classified generally to subchapter III (Sec. 715 et seq.) of chapter 7
of this title. For complete classification of this Act to the Code, see
section 715 of this title and Tables.
The Endangered Species Act of 1973, referred to in subsec. (a)(3),
(4), is Pub. L. 93-205, Dec. 28, 1973, 87 Stat. 884, as amended, which
is classified generally to chapter 35 (Sec. 1531 et seq.) of this title.
For complete classification of this Act to the Code, see Short Title
note set out under section 1531 of this title and Tables.
Codification
November 14, 1988, referred to in subsec. (b), was in the original
``the date of enactment of this Act'' which was translated as meaning
the date of enactment of Pub. L. 100-653, which enacted this section, to
reflect the probable intent of Congress.
Amendments
1989--Subsec. (a)(5). Pub. L. 101-233 added par. (5).
Abolition of House Committee on Merchant Marine and Fisheries
Committee on Merchant Marine and Fisheries of House of
Representatives abolished and its jurisdiction transferred by House
Resolution No. 6, One Hundred Fourth Congress, Jan. 4, 1995. Committee
on Merchant Marine and Fisheries of House of Representatives treated as
referring to Committee on Resources of House of Representatives in case
of provisions relating to fisheries, wildlife, international fishing
agreements, marine affairs (including coastal zone management) except
for measures relating to oil and other pollution of navigable waters, or
oceanography by section 1(b)(3) of Pub. L. 104-14, set out as a note
preceding section 21 of Title 2, The Congress.
Section Referred to in Other Sections
This section is referred to in section 4413 of this title.
