§ 704. — Determination as to when and how migratory birds may be taken, killed, or possessed.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 16USC704]
TITLE 16--CONSERVATION
CHAPTER 7--PROTECTION OF MIGRATORY GAME AND INSECTIVOROUS BIRDS
SUBCHAPTER II--MIGRATORY BIRD TREATY
Sec. 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.
(July 3, 1918, ch. 128, Sec. 3, 40 Stat. 755; June 20, 1936, ch. 634,
Sec. 2, 49 Stat. 1556; 1939 Reorg. Plan No. II, Sec. 4(f), eff. July 1,
1939, 4 F.R. 2731, 53 Stat. 1433; Pub. L. 105-312, title I, Sec. 102,
Oct. 30, 1998, 112 Stat. 2956.)
Amendments
1998--Pub. L. 105-312 designated existing provisions as subsec. (a)
and added subsec. (b).
1936--Act June 20, 1936, substituted ``conventions'' for
``convention'' wherever appearing.
Effective Date of 1936 Amendment
Section effective June 30, 1937, see section 1 of act of June 20,
1936, set out as a note under section 703 of this title.
Transfer of Functions
Transfer of functions of Secretary of Agriculture to Secretary of
the Interior by Reorg. Plan, No. II of 1939, see Transfer of Functions
note set out under section 701 of this title.
Delegation of Functions
For delegation to Secretary of the Interior of authority vested in
President, see Ex. Ord. No. 10752, Feb. 12, 1958, 23 F.R. 973, set out
as a note under section 715j of Title 15, Commerce and Trade.
Secretary of the Interior empowered to promulgate regulations under
this section without approval, ratification, or other action of
President, see section 2(b) of Ex. Ord. No. 10250, June 5, 1951, 16 F.R.
5385, set out as a note under section 301 of Title 3, The President.
Report on Effects of 1998 Amendments
Pub. L. 105-312, title I, Sec. 104, Oct. 30, 1998, 112 Stat. 2956,
provided that: ``Not later than 5 years after the date of enactment of
this Act [Oct. 30, 1998], the Secretary of the Interior shall submit to
the Committee on Environment and Public Works of the Senate and the
Committee on Resources of the House of Representatives a report
analyzing the effect of the amendments made by section 2 [probably
should be section 102, which amended this section], and the general
practice of baiting, on migratory bird conservation and law enforcement
efforts under the Migratory Bird Treaty Act (16 U.S.C. 701 et seq.) [16
U.S.C. 703 et seq.].''
Section Referred to in Other Sections
This section is referred to in sections 707, 708 of this title.
