II 111th CONGRESS 1st Session S. 2811 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.

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 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. .