16 U.S.C. § 703: Taking, killing, or possessing migratory birds unlawful

Unless and except as permitted by regulations made as hereinafter provided in this subchapter, it shall be unlawful at any time, by any means or in any manner, to pursue, hunt, take, capture, kill, attempt to take, capture, or kill, possess, offer for sale, sell, offer to barter, barter, offer to purchase, purchase, deliver for shipment, ship, export, import, cause to be shipped, exported, or imported, deliver for transportation, transport or cause to be transported, carry or cause to be carried, or receive for shipment, transportation, carriage, or export, any migratory bird, any part, nest, or egg of any such bird, or any product, whether or not manufactured, which consists, or is composed in whole or part, of any such bird or any part, nest, or egg thereof, included in the terms of the conventions between the United States and Great Britain for the protection of migratory birds concluded August 16, 1916 ( 39 Stat. 1702 ), the United States and the United Mexican States for the protection of migratory birds and game mammals concluded February 7, 1936 , the United States and the Government of Japan for the protection of migratory birds and 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 conservation of migratory birds and their environments concluded November 19, 1976 . This subchapter applies only to migratory bird species that are native to the United States or its territories. Subject to subparagraph (B), in this subsection the term “native to the United States or its territories” means occurring in the United States or its territories as the result of natural biological or ecological processes. it was native to the United States or its territories and extant in 1918; it was extirpated after 1918 throughout its range in the United States and its territories; and after such extirpation, it was reintroduced in the United States or its territories as a part of a program carried out by a Federal agency. Until the Secretary of the Interior takes the action described in subsection (b), the take of nesting swallows to facilitate a construction project on a bridge eligible for funding under title 23, United States Code, with any component condition rating of 3 or less (as defined by the National Bridge Inventory General Condition Guidance issued by the Federal Highway Administration) is authorized under the Migratory Bird Treaty Act ( 16 U.S.C. 703 et seq.) between April 1 and August 31. the name of the person acting under the authority of paragraph (1) to take nesting swallows; a list of practicable measures that will be undertaken to minimize or mitigate significant adverse impacts on the population of that species; the time period during which activities will be carried out that will result in the taking of that species; and an estimate of the number of birds, by species, to be taken in the proposed action. Not later than 60 days after the taking of nesting swallows authorized under paragraph (1), any person taking that action shall submit to the Secretary of the Interior a document that contains the number of birds, by species, taken in the action. without individual permit requirements; and under terms and conditions determined to be consistent with treaties relating to migratory birds that protect swallow species occurring in the United States. On the effective date of a final rule [promulgated] under this subsection by the Secretary of the Interior, subsection (a) shall have no force or effect. If the Secretary of the Interior, in consultation with the Secretary [of Transportation], determines that taking of nesting swallows carried out under the authority provided in subsection (a)(1) is having a significant adverse impact on swallow populations, the Secretary of the Interior may suspend that authority through publication in the Federal Register.” Not later than 90 days after the date of enactment of this section [ Dec. 8, 2004 ], the Secretary of the Interior shall publish in the Federal Register a list of all nonnative, human-introduced bird species to which the Migratory Bird Treaty Act ( 16 U.S.C. 703 et seq.) does not apply. As necessary, the Secretary may update and publish the list of species exempted from protection of the Migratory Bird Treaty Act. Before publishing the list under paragraph (1), the Secretary shall provide adequate time for public comment. Nothing in this subsection shall delay implementation of other provisions of this section [amending this section and enacting provisions set out as notes under this section and section 710 of this title ] or amendments made by this section that exclude nonnative, human-introduced bird species from the application of the Migratory Bird Treaty Act ( 16 U.S.C. 703 et seq.).” During the period described in subsection (c), section 2 of the Migratory Bird Treaty Act ( 16 U.S.C. 703 ) shall not apply to the incidental taking of a migratory bird by a member of the Armed Forces during a military readiness activity authorized by the Secretary of Defense or the Secretary of the military department concerned. to minimize and mitigate, to the extent practicable, any adverse impacts of authorized military readiness activities on affected species of migratory birds; and to monitor the impacts of such military readiness activities on affected species of migratory birds. regulations authorizing the incidental taking of migratory birds by members of the Armed Forces have been prescribed in accordance with the requirements of subsection (d); all legal challenges to the regulations and to the manner of their promulgation (if any) have been exhausted as provided in subsection (e); and the regulations have taken effect. Not later than the expiration of the one-year period beginning on the date of the enactment of this Act, the Secretary of the Interior shall exercise the authority of that Secretary under section 3(a) of the Migratory Bird Treaty Act ( 16 U.S.C. 704(a) ) to prescribe regulations to exempt the Armed Forces for the incidental taking of migratory birds during military readiness activities authorized by the Secretary of Defense or the Secretary of the military department concerned. The Secretary of the Interior shall exercise authority under paragraph (1) with the concurrence of the Secretary of Defense. An action seeking judicial review of regulations prescribed pursuant to this section or of the manner of their promulgation must be filed in the appropriate Federal court by not later than the expiration of the 120-day period beginning on the date on which such regulations are published in the Federal Register. Upon the expiration of such period and the exhaustion of any legal challenges to the regulations pursuant to any action filed in such period, there shall be no further judicial review of such regulations or of the manner of their promulgation. all training and operations of the Armed Forces that relate to combat; and the adequate and realistic testing of military equipment, vehicles, weapons, and sensors for proper operation and suitability for combat use. the routine operation of installation operating support functions, such as administrative offices, military exchanges, commissaries, water treatment facilities, storage facilities, schools, housing, motor pools, laundries, morale, welfare, and recreation activities, shops, and mess halls; the operation of industrial activities; or the construction or demolition of facilities used for a purpose described in subparagraph (A) or (B).” “This Act may be cited as the ‘Arctic Tundra Habitat Emergency Conservation Act’. The winter index population of mid-continent light geese was 800,000 birds in 1969, while the total population of such geese is more than 5,200,000 birds today. The population of mid-continent light geese is expanding by over 5 percent each year, and in the absence of new wildlife management actions it could grow to more than 6,800,000 breeding light geese in 3 years. the expansion of agricultural areas and the resulting abundance of cereal grain crops in the United States; the establishment of sanctuaries along the United States flyways of migrating light geese; and a decline in light geese harvest rates. As a direct result of this population explosion, the Hudson Bay Lowlands Salt-Marsh ecosystem in Canada is being systematically destroyed. This ecosystem contains approximately 135,000 acres of essential habitat for migrating light geese and many other avian species. Biologists have testified that one-third of this habitat has been destroyed, one-third is on the brink of devastation, and the remaining one-third is overgrazed. Canada Goose. American Wigeon. Dowitcher. Hudsonian Godwit. Stilt Sandpiper. Northern Shoveler. Red-Breasted Merganser. Oldsquaw. Parasitic Jaeger. Whimbrel. Yellow Rail. It is essential that the current population of mid-continent light geese be reduced by 50 percent by the year 2005 to ensure that the fragile Arctic tundra is not irreversibly damaged. To reduce the population of mid-continent light geese. To assure the long-term conservation of mid-continent light geese and the biological diversity of the ecosystem upon which many North American migratory birds depend. The rules published by the Service on February 16, 1999 , relating to use of additional hunting methods to increase the harvest of mid-continent light geese (64 Fed. Reg. 7507–7517) and the establishment of a conservation order for the reduction of mid-continent light goose populations (64 Fed. Reg. 7517–7528), shall have the force and effect of law. The Secretary, acting through the Director of the Service, shall take such action as is necessary to appropriately notify the public of the force and effect of the rules referred to in paragraph (1). begins on the date of the enactment of this Act [ Nov. 24, 1999 ]; and the effective date of rules issued by the Service after such date of the enactment to control overabundant mid-continent light geese populations; the date of the publication of a final environmental impact statement for such rules under section 102(2)(C) of the National Environmental Policy Act of 1969 ( 42 U.S.C. 4332(2)(C) ); and May 15, 2001 . This section shall not be construed to limit the authority of the Secretary or the Service to issue rules, under another law, to regulate the taking of mid-continent light geese. Not later than the end of the period described in section 103(b) [probably means section 3(b)], the Secretary shall prepare, and as appropriate implement, a comprehensive, long-term plan for the management of mid-continent light geese and the conservation of their habitat. a description of methods for monitoring the levels of populations and the levels of harvest of mid-continent light geese, and recommendations concerning long-term harvest levels; recommendations concerning other means for the management of mid-continent light goose populations, taking into account the reasons for the population growth specified in section 102(a)(3) [probably means section 2(a)(3)]; an assessment of, and recommendations relating to, conservation of the breeding habitat of mid-continent light geese; an assessment of, and recommendations relating to, conservation of native species of wildlife adversely affected by the overabundance of mid-continent light geese, including the species specified in section 102(a)(5) [probably means section 2(a)(5)]; and an identification of methods for promoting collaboration with the Government of Canada, States, and other interested persons. There is authorized to be appropriated to carry out this section $1,000,000 for each of fiscal years 2000 through 2002. The term ‘mid-continent light geese’ means Lesser snow geese (Anser caerulescens caerulescens) and Ross’ geese (Anser rossii) that primarily migrate between Canada and the States of Alabama, Arkansas, Colorado, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, New Mexico, North Dakota, Ohio, Oklahoma, South Dakota, Tennessee, Texas, Wisconsin, and Wyoming. The term ‘Secretary’ means the Secretary of the Interior. The term ‘Service’ means the United States Fish and Wildlife Service.”