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Title 16 — ConservationRelease 119-73

§707 Violations and penalties; forfeitures

Title 16 › Chapter CHAPTER 7— - PROTECTION OF MIGRATORY GAME AND INSECTIVOROUS BIRDS › Subchapter SUBCHAPTER II— - MIGRATORY BIRD TREATY › § 707

Last updated Apr 6, 2026|Official source

Summary

Breaking the rules about migratory birds can be a crime. If a person, group, or company breaks the conventions, this subchapter, or its rules, it is a misdemeanor. On conviction, the penalty can be a fine up to $15,000, jail up to six months, or both. Knowingly taking birds to sell or barter, or selling or bartering birds, is a felony. That can lead to a fine up to $2,000, prison up to two years, or both. Violating section 704(b)(2) brings a fine under Title 18 and up to 1 year in jail, or both. Equipment and vehicles used to take birds to sell or barter can be seized and forfeited to the United States, and the Secretary of the Interior handles their disposal.

Full Legal Text

Title 16, §707

Conservation — Source: USLM XML via OLRC

(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.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Amendments

1998—Subsec. (a). Pub. L. 105–312, § 103(1), substituted “$15,000” for “$500”. Subsecs. (c), (d). Pub. L. 105–312, § 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”.

Statutory Notes and Related Subsidiaries

Effective Date

of 1936 AmendmentAct
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 (
June 30, 1937). See note under section 703 of this title.

Executive Documents

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, then to Federal Coordinator for Alaska Natural Gas Transportation Projects, see

Transfer of Functions

note set out under section 706 of this title.

Reference

Citations & Metadata

Citation

16 U.S.C. § 707

Title 16 — Conservation

Last Updated

Apr 6, 2026

Release point: 119-73