United States Code (Last Updated: May 24, 2014) |
Title 16. CONSERVATION |
Chapter 7. PROTECTION OF MIGRATORY GAME AND INSECTIVOROUS BIRDS |
SubChapter II. MIGRATORY BIRD TREATY |
§ 704. Determination as to when and how migratory birds may be taken, killed, or possessed
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(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.
Amendments
1998—Pub. L. 105–312 designated existing provisions as subsec. (a) and added subsec. (b).
1936—Act
Effective Date Of Amendment
Act June 20, 1936, ch. 634, § 2, 49 Stat. 1556, provided in part that the amendment by section 2 is effective as of the day aforesaid (
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,
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,
Miscellaneous
Pub. L. 105–312, title I, § 104,