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US Migratory Bird Treaty Act: Prohibited Takings, Permits and Penalties

The Migratory Bird Treaty Act (MBTA), codified at 16 U.S.C. Chapter 7, subchapter II (sections 703-712), implements four bilateral conventions for the…

What US Migratory Bird Treaty Act: Prohibited Takings, Permits and Penalties requires

The Migratory Bird Treaty Act (MBTA), codified at 16 U.S.C. Chapter 7, subchapter II (sections 703-712), implements four bilateral conventions for the protection of migratory birds (with Great Britain (for Canada) 1916, Mexico 1936, Japan 1972, and the Soviet Union 1976) and is administered by the US Fish and Wildlife Service (USFWS). Section 703 makes it unlawful at any time, by any means or in any manner, unless and except as permitted by regulations, to pursue, hunt, take, capture, kill, attempt to take, capture or kill, possess, offer for sale, sell, barter, purchase, deliver for shipment, ship, export, import, or transport any migratory bird, or any part, nest or egg of such a bird, or any product composed of such birds, as covered by the conventions. Section 704 authorizes the Secretary of the Interior to determine, consistent with the conventions, when, to what extent and by what means it is compatible to allow hunting, taking, possession and other dealings, and to set the zones, seasons and bag limits by regulation. Section 705 prohibits the transportation or importation of migratory birds taken in violation of any law. Section 706 provides for arrests, searches and seizures, and section 709a for forfeiture. Section 707 sets the penalties: most violations are misdemeanors, while the knowing sale, barter or offer to sell or barter of migratory birds (or their parts, nests or eggs) is a felony. Section 708 preserves the power of states to enact and enforce more restrictive laws. Permits for otherwise-prohibited activities (such as scientific collection, falconry, rehabilitation, depredation control, and certain sales of captive-bred birds) are issued under section 704 and the implementing regulations.

Pillar: Water & Environmental Resources · Authority: US Congress / Fish and Wildlife Service · Version: 1.0.0 · Last updated:

Primary source: https://www.govinfo.gov/content/pkg/USCODE-2022-title16/html/USCODE-2022-title16-chap7.htm

SHA-256 integrity: 9ba2c979125f442c17db7a72e69567405c44700f637faa1f9536739d8608a051

Primary Citations — 8 traced to source

  • Migratory Bird Treaty Act, 16 U.S.C. 703 - prohibition on taking, possessing, selling, shipping, importing and transporting migratory birds, their parts, nests and eggs except as permitted.
  • Migratory Bird Treaty Act, 16 U.S.C. 704 - authority of the Secretary to set the means, zones, seasons and limits for permitted taking consistent with the conventions.

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