§ 703. — Taking, killing, or possessing migratory birds unlawful.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 16USC703]
TITLE 16--CONSERVATION
CHAPTER 7--PROTECTION OF MIGRATORY GAME AND INSECTIVOROUS BIRDS
SUBCHAPTER II--MIGRATORY BIRD TREATY
Sec. 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.
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\1\ So in original. Probably should be followed by a comma.
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(July 3, 1918, ch. 128, Sec. 2, 40 Stat. 755; June 20, 1936, ch. 634,
Sec. 3, 49 Stat. 1556; Pub. L. 93-300, Sec. 1, June 1, 1974, 88 Stat.
190; Pub. L. 101-233, Sec. 15, Dec. 13, 1989, 103 Stat. 1977.)
Amendments
1989--Pub. L. 101-233 struck out ``and'' after ``1936,'' and
inserted before period at end ``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''.
1974--Pub. L. 93-300 substituted ``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'' for ``any part, nest, or egg of any such birds'', and
included the convention between the United States and the Government of
Japan concluded March 4, 1972.
1936--Act June 20, 1936, made changes in phraseology.
Effective Date of 1974 Amendment
Section 3 of Pub. L. 93-300 provided that: ``The amendments made by
this Act [amending this section] shall take effect on the date on which
the President proclaims the exchange of ratifications of the convention
between 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, or on the date of the enactment of
this Act [June 1, 1974], whichever date is later.''
Effective Date of 1936 Amendment
Section 1 of act June 20, 1936, in conjunction with sections 2 to 5
of that act, provided that the amendment of this section and sections
704, 705, 707, 708 and the enactment of section 709a of this title by
that act, are effective as of the day on which the President shall
proclaim the exchange of ratifications of the convention between the
United States and the United Mexican States for the protection of
migratory birds and game mammals concluded February 7, 1936, or on June
20, 1936, whichever date is later. Such proclamation was made on June
30, 1937.
Incidental Taking of Migratory Birds During Military Readiness
Activities
Pub. L. 107-314, div. A, title III, Sec. 315, Dec. 2, 2002, 116
Stat. 2509, provided that:
``(a) Interim Authority for Incidental Takings.--During the period
described in subsection (c), section 2 of the Migratory Bird Treaty Act
(16 U.S.C. 703) shall not apply to the incidental taking of a migratory
bird by a member of the Armed Forces during a military readiness
activity authorized by the Secretary of Defense or the Secretary of the
military department concerned.
``(b) Identification of Measures to Minimize Impact of Activities.--
During the periods described in subsections (c) and (d), the Secretary
of Defense shall, in consultation with the Secretary of the Interior,
identify measures--
``(1) to minimize and mitigate, to the extent practicable, any
adverse impacts of authorized military readiness activities on
affected species of migratory birds; and
``(2) to monitor the impacts of such military readiness
activities on affected species of migratory birds.
``(c) Period of Application for Interim Authority.--The period
described in this subsection is the period beginning on the date of the
enactment of this Act [Dec. 2, 2002] and ending on the date on which the
Secretary of the Interior publishes in the Federal Register a notice
that--
``(1) regulations authorizing the incidental taking of migratory
birds by members of the Armed Forces have been prescribed in
accordance with the requirements of subsection (d);
``(2) all legal challenges to the regulations and to the manner
of their promulgation (if any) have been exhausted as provided in
subsection (e); and
``(3) the regulations have taken effect.
``(d) Incidental Takings After Interim Period.--(1) Not later than
the expiration of the one-year period beginning on the date of the
enactment of this Act, the Secretary of the Interior shall exercise the
authority of that Secretary under section 3(a) of the Migratory Bird
Treaty Act (16 U.S.C. 704(a)) to prescribe regulations to exempt the
Armed Forces for the incidental taking of migratory birds during
military readiness activities authorized by the Secretary of Defense or
the Secretary of the military department concerned.
``(2) The Secretary of the Interior shall exercise authority under
paragraph (1) with the concurrence of the Secretary of Defense.
``(e) Limitation on Judicial Review.--An action seeking judicial
review of regulations prescribed pursuant to this section or of the
manner of their promulgation must be filed in the appropriate Federal
court by not later than the expiration of the 120-day period beginning
on the date on which such regulations are published in the Federal
Register. Upon the expiration of such period and the exhaustion of any
legal challenges to the regulations pursuant to any action filed in such
period, there shall be no further judicial review of such regulations or
of the manner of their promulgation.
``(f) Military Readiness Activity.--(1) In this section the term
`military readiness activity' includes--
``(A) all training and operations of the Armed Forces that
relate to combat; and
``(B) the adequate and realistic testing of military equipment,
vehicles, weapons, and sensors for proper operation and suitability
for combat use.
``(2) The term does not include--
``(A) the routine operation of installation operating support
functions, such as administrative offices, military exchanges,
commissaries, water treatment facilities, storage facilities,
schools, housing, motor pools, laundries, morale, welfare, and
recreation activities, shops, and mess halls;
``(B) the operation of industrial activities; or
``(C) the construction or demolition of facilities used for a
purpose described in subparagraph (A) or (B).''
Arctic Tundra Habitat Emergency Conservation
Pub. L. 106-108, Nov. 24, 1999, 113 Stat. 1491, provided that:
``SECTION 1. SHORT TITLE.
``This Act may be cited as the `Arctic Tundra Habitat Emergency
Conservation Act'.
``SEC. 2. FINDINGS AND PURPOSES.
``(a) Findings.--The Congress finds the following:
``(1) The winter index population of mid-continent light geese
was 800,000 birds in 1969, while the total population of such geese
is more than 5,200,000 birds today.
``(2) The population of mid-continent light geese is expanding
by over 5 percent each year, and in the absence of new wildlife
management actions it could grow to more than 6,800,000 breeding
light geese in 3 years.
``(3) The primary reasons for this unprecedented population
growth are--
``(A) the expansion of agricultural areas and the resulting
abundance of cereal grain crops in the United States;
``(B) the establishment of sanctuaries along the United
States flyways of migrating light geese; and
``(C) a decline in light geese harvest rates.
``(4) As a direct result of this population explosion, the
Hudson Bay Lowlands Salt-Marsh ecosystem in Canada is being
systematically destroyed. This ecosystem contains approximately
135,000 acres of essential habitat for migrating light geese and
many other avian species. Biologists have testified that one-third
of this habitat has been destroyed, one-third is on the brink of
devastation, and the remaining one-third is overgrazed.
``(5) The destruction of the Arctic tundra is having a severe
negative impact on many avian species that breed or migrate through
this habitat, including the following:
``(A) Canada Goose.
``(B) American Wigeon.
``(C) Dowitcher.
``(D) Hudsonian Godwit.
``(E) Stilt Sandpiper.
``(F) Northern Shoveler.
``(G) Red-Breasted Merganser.
``(H) Oldsquaw.
``(I) Parasitic Jaeger.
``(J) Whimbrel.
``(K) Yellow Rail.
``(6) It is essential that the current population of mid-
continent light geese be reduced by 50 percent by the year 2005 to
ensure that the fragile Arctic tundra is not irreversibly damaged.
``(b) Purposes.--The purposes of this Act are the following:
``(1) To reduce the population of mid-continent light geese.
``(2) To assure the long-term conservation of mid-continent
light geese and the biological diversity of the ecosystem upon which
many North American migratory birds depend.
``SEC. 3. FORCE AND EFFECT OF RULES TO CONTROL OVERABUNDANT MID-
CONTINENT LIGHT GEESE POPULATIONS.
``(a) Force and Effect.--
``(1) In general.--The rules published by the Service on
February 16, 1999, relating to use of additional hunting methods to
increase the harvest of mid-continent light geese (64 Fed. Reg.
7507-7517) and the establishment of a conservation order for the
reduction of mid-continent light goose populations (64 Fed. Reg.
7517-7528), shall have the force and effect of law.
``(2) Public notice.--The Secretary, acting through the Director
of the Service, shall take such action as is necessary to
appropriately notify the public of the force and effect of the rules
referred to in paragraph (1).
``(b) Application.--Subsection (a) shall apply only during the
period that--
``(1) begins on the date of the enactment of this Act [Nov. 24,
1999]; and
``(2) ends on the latest of--
``(A) the effective date of rules issued by the Service
after such date of the enactment to control overabundant mid-
continent light geese populations;
``(B) the date of the publication of a final environmental
impact statement for such rules under section 102(2)(C) of the
National Environmental Policy Act of 1969 (42 U.S.C.
4332(2)(C)); and
``(C) May 15, 2001.
``(c) Rule of Construction.--This section shall not be construed to
limit the authority of the Secretary or the Service to issue rules,
under another law, to regulate the taking of mid-continent light geese.
``SEC. 4. COMPREHENSIVE MANAGEMENT PLAN.
``(a) In General.--Not later than the end of the period described in
section 103(b) [probably means section 3(b)], the Secretary shall
prepare, and as appropriate implement, a comprehensive, long-term plan
for the management of mid-continent light geese and the conservation of
their habitat.
``(b) Required Elements.--The plan shall apply principles of
adaptive resource management and shall include--
``(1) a description of methods for monitoring the levels of
populations and the levels of harvest of mid-continent light geese,
and recommendations concerning long-term harvest levels;
``(2) recommendations concerning other means for the management
of mid-continent light goose populations, taking into account the
reasons for the population growth specified in section 102(a)(3)
[probably means section 2(a)(3)];
``(3) an assessment of, and recommendations relating to,
conservation of the breeding habitat of mid-continent light geese;
``(4) an assessment of, and recommendations relating to,
conservation of native species of wildlife adversely affected by the
overabundance of mid-continent light geese, including the species
specified in section 102(a)(5) [probably means section 2(a)(5)]; and
``(5) an identification of methods for promoting collaboration
with the Government of Canada, States, and other interested persons.
``(c) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $1,000,000 for each of fiscal
years 2000 through 2002.
``SEC. 5. DEFINITIONS.
``In this Act:
``(1) Mid-continent light geese.--The term `mid-continent light
geese' means Lesser snow geese (Anser caerulescens caerulescens) and
Ross' geese (Anser rossii) that primarily migrate between Canada and
the States of Alabama, Arkansas, Colorado, Illinois, Indiana, Iowa,
Kansas, Kentucky, Louisiana, Michigan, Minnesota, Mississippi,
Missouri, Montana, Nebraska, New Mexico, North Dakota, Ohio,
Oklahoma, South Dakota, Tennessee, Texas, Wisconsin, and Wyoming.
``(2) Secretary.--The term `Secretary' means the Secretary of
the Interior.
``(3) Service.--The term `Service' means the United States Fish
and Wildlife Service.''
Section Referred to in Other Sections
This section is referred to in section 704 of this title.
