[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2863 Referred in Senate (RFS)]

  2d Session
                                H. R. 2863


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                   IN THE SENATE OF THE UNITED STATES

                           September 14, 1998

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

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                                 AN ACT


 
 To amend the Migratory Bird Treaty Act to clarify restrictions under 
   that Act on baiting, to facilitate acquisition of migratory bird 
                    habitat, and for other purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Migratory Bird Treaty Reform Act of 
1998''.

SEC. 2. ELIMINATING STRICT LIABILITY FOR BAITING.

    Section 3 of the Migratory Bird Treaty Act (16 U.S.C. 704) is 
amended--
            (1) by inserting ``(a)'' after ``Sec. 3.''; and
            (2) by adding at the end the following:
    ``(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.''.

            Passed the House of Representatives September 10, 1998.

            Attest:

                                                ROBIN H. CARLE,

                                                                 Clerk.