II Calendar No. 714 111th CONGRESS 2d Session H. R. 2062 [Report No. 111–375] IN THE SENATE OF THE UNITED STATES December 8, 2009 Received; read twice and referred to the Committee on Environment and Public Works December 17, 2010 Reported by Mrs. Boxer, without amendment 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.

1.

Short title

This Act may be cited as the Migratory Bird Treaty Act Penalty and Enforcement Act of 2009.

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. .

December 17, 2010 Reported without amendment