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






                                                       Calendar No. 699
105th CONGRESS
  2d Session
                                H. R. 2863

                          [Report No. 105-366]


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           September 14, 1998

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

              October 5 (legislative day, October 2), 1998

               Reported by Mr. Chafee, with an amendment
                  [Insert the part printed in italic]

_______________________________________________________________________

                                 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.''.

SEC. 3. CRIMINAL PENALTIES.

    Section 6(a) of the Migratory Bird Treaty Act (16 U.S.C. 707(a)) is 
amended--
            (1) by striking ``thereof shall be fined not more than 
        $500'' and inserting the following: ``thereof--
            ``(1) shall be fined not more than $10,000'';
            (2) in paragraph (1) (as designated by paragraph (1)), by 
        striking the period at the end and inserting ``; and''; and
            (3) by adding at the end the following:
            ``(2) in the case of a violation of paragraph (1) or (2) of 
        section 3(b) that is committed in connection with guiding, 
        outfitting, or providing any other service offered, provided, 
        or obtained in exchange for money or other consideration, shall 
        be fined under title 18, United States Code, imprisoned not 
        more than 1 year, or both.''.

SEC. 4. REPORT.

    Not later than 5 years after the date of enactment of this Act, the 
Secretary of the Interior shall submit to the Committee on Environment 
and Public Works of the Senate and the Committee on Resources of the 
House of Representatives a report analyzing the effect of the 
amendments made by section 2, and the general practice of baiting, on 
migratory bird conservation and law enforcement efforts under the 
Migratory Bird Treaty Act (16 U.S.C. 701 et seq.).
                                     





                                                       Calendar No. 699

105th CONGRESS

  2d Session

                               H. R. 2863

                          [Report No. 105-366]

_______________________________________________________________________

                                 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.

_______________________________________________________________________

              October 5 (legislative day, October 2), 1998

                       Reported with an amendment