§ 707. — Violations and penalties; forfeitures.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 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.
