* Act of July 3, 1918 (P.L. 65-186, Ch. 128, 40 Stat. 755; 16 U.S.C. 703-712)

Short Title

Sec. 1. That this Act shall be known by the short title of the "Mi-gratory Bird Treaty Act."

Taking, Killing, or Possessing

Sec. 2. Unless and except as per-mitted by regulations made as here-inafter provided, it shall be unlawful at any time, by any means or in any manner, to pursue, hunt, take, cap-ture, kill, attempt to take, capture or kill, possess, offer for sale, sell, offer to barter, barter, offer to pur-chase, deliver for ship-ment, ship, export, import, cause to be shipped, exported, or imported, deliver for transporta-tion, transport or cause to be transport-ed, carry or cause to be carried or re-ceive for shipment, transportation, carriage, or export, any migratory bird, any part, nest, or egg of any such bird, or any product, whether or not manufac-tured, which consists, or is com-posed in whole or in part, of any such bird or any part, nest, or egg thereof, includ-ed in the terms of the con-ven-tions be-tween the Unit-ed States and Great Britain for the protection of migratory birds concluded August sixteenth, nineteen hundred and six-teen, (39 Stat. 1702), The United States and the United Mexican States for the pro-tection of migratory birds and game mammals, concluded February 7, 1936, and the United States and the Government of Japan for the protec-tion of migratory birds and birds in danger of extinction, and their environment concluded March 4, 1972. (16 U.S.C. 703)

When and How Birds May Be Taken

Sec. 3. That subject to the provi-sions and in order to carry out the purposes of the convention, the Secretary of Interior is authorized and directed, from time to time, having due regard to the zones of temperature and to the distribution, abundance, economic value, breed-ing 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 convention 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 permit-ting and governing the same, in accordance with such determina-tions, which regulations shall be-come effective when approved by the President. (16 U.S.C. 704)

Transportation or Importation

Sec. 4. That it shall be unlawful to ship, transport or carry, by any means whatever, from one State, Territory, or District to or through another State, Territory, or District, or to or through a foreign country, any bird, or any part, nest, or egg thereof, captured, killed, taken, shipped, transported, or carried at any time contrary to the laws of the State, Territory, or District in which it was captured, killed, or taken, or from which it was shipped, trans-ported, or carried. It shall be un-law-ful to import any bird, or any part, nest, or egg thereof, captured, killed, taken, shipped, transported, or car-ried contrary to the laws of any Province of the Dominion of Cana-da in which the same was captured, killed, or taken, or from which it was shipped, transported, or carried. (16 U.S.C. 705)

Arrests; Search Warrants

Sec. 5. That any employee of the Department of Interior autho-rized by the Secretary of Inte-rior to enforce the provisions of this Act shall have power, without war-rant, to arrest any person commit-ting a violation of the Act in his presence or view and to take such person immediately for examination or trial before an officer or court of compe-tent juris-diction; shall have power to execute any warrant or other process issued by an officer or court of competent jurisdiction for the en-forcement of the provisions of this Act; and shall have authority, with a search warrant, to search any place. The several judges of the courts established under the laws of the United States, and United States magistrates may, within their respective jurisdic-tions, upon proper oath or affirma-tion showing proba-ble cause, issue war-rants in all such cases. All birds, or parts, nests, or eggs thereof, captured, killed, taken, sold or offered for sale, bartered or offered for barter, purchased, shipped, transported, carried, imported, exported, or possessed contrary to the provisions of this Act or of any regula-tions made pursuant thereto shall, when found, be seized and, upon convic-tion of the offender or upon judg-ment of a court of the United States that the same were captured, killed, taken, sold or offered for sale, bartered or offered for barter, pur-chased, shipped, transported, carried, imported, exported, or pos-sessed contrary to the provi-sions of this Act or of any regula-tion made pur-suant thereto, shall be forfeited to the United States and disposed of by the Secretary of the Interior in such manner as he deems appropri-ate. (16 U.S.C. 706)

Violations and Penalties; Forfei-tures

Sec. 6. (a) Except as otherwise provided in this section, any person, association, partnership, or corpora-tion who shall violate any provi-sions 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 $500 or be imprisoned not more than six months, or both.

(b) Whoever, in violation of this subchapter, shall-

(1) take by any manner what-soever 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) 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 viola-tion of this subchapter shall be forfeited to the United States and may be seized and held pending the prosection 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 sub-chapter. Such forfeited property shall be disposed of and accounted for by, and under the authority of, the Secretary of the Interior. (16 U.S.C. 707)

State or Territorial Laws

Sec. 7. Nothing in this Act shall be construed to prevent the several States and Territories from making or enforcing laws or regula-tions not inconsistent with the provi-sions of said convention or of this Act, or from making or enforcing laws or regulations which shall give further protection to migratory birds, their nests, and eggs, if such laws or regulations do not extend the open seasons for such birds beyond the dates approved by the President in accordance with section three of this Act. (16 U.S.C. 708)

Sec. 8. Omitted (16 U.S.C. 709)

Appropriations

Sec 9. There is authorized to be appropriated, from time to time, out of any money in the Treasury not otherwise appropriated, such amounts as may be necessary to carry out the provisions and to accomplish the purpose of said conventions and of this Act and regulations made pursuant thereto, and the Secretary of the Interior is authorized out of such moneys to employ in the city of Washington and elsewhere such persons and means as he may deem necessary for such purposes and may cooper-ate with local authorities in the protection of migratory birds and make the necessary investigations connected therewith. (16 U.S.C. 709a)

Partial Invalidity

Sec. 10. That if any clause, sentence, paragraph, or part of this Act shall, for any reason, be adjudged by any court of competent jurisdiction to be invalid, such judg-ment shall not affect, impair, or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, or part thereof directly involved in the controversy in which such judgment shall have been rendered. (16 U.S.C. 710)

Inconsistent Laws Repealed

Sec. 11. That all Acts or parts of Acts inconsistent with the provi-sions of this Act are hereby repeal-ed. (16 U.S.C. 712(note))

Breeding and Sale for Food

Sec. 12. Nothing in this Act shall be construed to prevent the breeding of migratory game birds on farms and preserves and the sale of birds so bred under proper regula-tion for the purpose of increasing the food supply. (16 U.S.C. 711)

Treaty and Convention Implementing Regulations

Sec. 13. (1) In accordance with the various migratory bird treaties and conventions with Canada, Ja-pan, Mexico, and the Union of Soviet Socialist Republics, the Secretary of the Interior is authorized to issue such regulations as may be necessary to assure that the taking of migratory birds and the collection of their eggs, by the indigenous inhabitants of the State of Alaska, shall be permitted for their own nutritional and other essential needs, as determined by the Secretary of the Interior, during seasons established so as to provide for the preservation and maintenance of stocks of migratory birds.

(2) The Secretary of the Interior is authorized to issue such regulations as may be necessary to implement the provisions of the convention between the United States and Great Britain for the protection of migratory birds concluded August 16, 1916, the convention between the United States and the United Mexican states for the protection of migratory birds and game mammals concluded February 7, 1936, the convention between the United States and the Government of Japan for the protection of migratory birds in danger of extinction, and their environment concluded March 4, 1972, and the convention between the United States and the Union of Soviet Socialist Republics for the conserva-tion of migratory birds and their environment concluded November 19, 1976. (16 U.S.C. 712)