HR 2062 RFS

December 8, 2009CommentsClose CommentsPermalink

Received; read twice and referred to the Committee on Environment and Public WorksCommentsClose CommentsPermalink

To amend the Migratory Bird Treaty Act to provide for penalties and enforcement for intentionally taking protected avian species, and for other purposes.CommentsClose CommentsPermalink

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, CommentsClose CommentsPermalink

SECTION 1. SHORT TITLE.

This Act may be cited as the ‘Migratory Bird Treaty Act Penalty and Enforcement Act of 2009’.CommentsClose CommentsPermalink

SEC. 2. AMENDMENT OF MIGRATORY BIRD TREATY ACT.

Section 6 of the Migratory Bird Treaty Act (16 U.S.C. 707) is amended by redesignating subsection (d) as subsection (e), and by inserting after subsection (c) the following new subsection:CommentsClose CommentsPermalink





‘(d)(1) Except in the case of hunting and other activity allowed under section 3, whoever in violation of this Act kills or wounds a migratory bird in an aggravated manner shall, in lieu of any penalty for such violation--CommentsClose CommentsPermalink





‘(A) for the first violation, be fined under title 18, United States Code, imprisoned for not more than one year, or both; andCommentsClose CommentsPermalink





‘(B) for the second and any subsequent violation, be fined under title 18 of the United States Code, imprisoned for not more than 2 years, or both.CommentsClose CommentsPermalink





‘(2) The authority under section 3(k) of the Fish and Wildlife Improvement Act of 1978 (16 U.S.C. 742l(k)) applies with respect to a violation described in paragraph (1).CommentsClose CommentsPermalink





‘(3) For the purposes of this subsection the term ‘aggravated manner’ means deliberately and in a manner that--CommentsClose CommentsPermalink





‘(A) demonstrates indifference to the pain and suffering of the bird; orCommentsClose CommentsPermalink





‘(B) involves actions that would shock a reasonable person.’.CommentsClose CommentsPermalink

Passed the House of Representatives December 7, 2009.

Attest:

LORRAINE C. MILLER,

Clerk.