Amendment of Migratory Bird Treaty Act

Section 6 of the Migratory Bird Treaty Act (16 U.S.C. 707) is amended by redesignating subsection (d) as subsection (e), and by inserting after subsection (c) the following new subsection:

(d) (1)Except in the case of hunting and other activity allowed under section 3, whoever in violation of this Act kills or wounds a migratory bird in an aggravated manner shall, in lieu of any penalty for such violation— (A)for the first violation, be fined under title 18, United States Code, imprisoned for not more than one year, or both; and (B)for the second and any subsequent violation, be fined under title 18 of the United States Code, imprisoned for not more than 2 years, or both. (2) The authority under section 3(k) of the Fish and Wildlife Improvement Act of 1978 (16 U.S.C. 742l(k)) applies with respect to a violation described in paragraph (1). (3)For the purposes of this subsection the term aggravated manner means deliberately and in a manner that— (A)demonstrates indifference to the pain and suffering of the bird; or (B)involves actions that would shock a reasonable person.