[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 2811 Introduced in Senate (IS)]

111th CONGRESS
  1st Session
                                S. 2811

  To amend the Migratory Bird Treaty Act to provide for penalties and 
 enforcement for intentionally taking protected avian species, and for 
                            other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           November 20, 2009

  Mr. Merkley introduced the following bill; which was read twice and 
       referred to the Committee on Environment and Public Works

_______________________________________________________________________

                                 A BILL


 
  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 subsections (c) and (d) as subsections (d) and 
(e), respectively, and by inserting after subsection (b) the following:
    ``(c)(1) Except in the case of hunting and other activity allowed 
under section 3, whoever, in violation of this Act, intentionally and 
maliciously takes by any manner any migratory bird shall be guilty of a 
felony and, upon conviction, shall be fined not more than $50,000 or 
imprisoned for not more than two years, or both, for each violation.
    ``(2) Any person who intentionally and maliciously commits any 
other act or omission in violation of this Act or any regulations 
issued under this Act shall be guilty of a felony and, upon conviction, 
shall be fined not more than $50,000 or imprisoned for not more than 
two years, or both, for each violation.
    ``(3) The Secretary or the Secretary of the Treasury shall pay, 
from sums received as fines under this subsection and subject to the 
availability of appropriations, a reward to any person who furnishes 
information that leads to an arrest or a criminal conviction for any 
violation of this Act. The amount of the reward, if any, shall be 
designated by the Secretary or the Secretary of the Treasury, as 
appropriate. Any officer or employee of the United States or any State 
or local government who furnishes information or renders service in the 
performance of his or her official duties is ineligible for payment 
under this paragraph.''.
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