Title 16, ConservationRelease 119-102

§707 Violations and Penalties; Forfeitures

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

Last updated Aug 21, 2026|Official source

Summary

People who break the rules about migratory birds commit a misdemeanor unless another part of the law says otherwise. They can be fined up to $15,000, jailed up to six months, or both. If someone knowingly takes a migratory bird to sell or barter it, or actually sells or offers to sell or barter a migratory bird, that is a felony punishable by up to $2,000 fine, up to two years in prison, or both. A violation of section 704(b)(2) is punished under Title 18 and can include a fine and up to 1 year in jail, or both. Guns, traps, nets, boats, vehicles, and other gear used to illegally hunt or capture birds to sell or barter can be seized and forfeited to the United States. They may be held during a prosecution and, after conviction, kept as an extra penalty. The Secretary of the Interior will handle disposal and record-keeping for those items.

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

Aug 21, 2026

Release point: 119-102