[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2062 Referred in Senate (RFS)]

111th CONGRESS
  1st Session
                                H. R. 2062


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            December 8, 2009

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

_______________________________________________________________________

                                 AN ACT


 
  To amend the Migratory Bird Treaty Act to provide for penalties and 
 enforcement for intentionally taking protected avian species, 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 Act Penalty 
and Enforcement Act of 2009''.

SEC. 2. 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.''.

            Passed the House of Representatives December 7, 2009.

            Attest:

                                            LORRAINE C. MILLER,

                                                                 Clerk.