[Congressional Record Volume 155, Number 173 (Friday, November 20, 2009)]
[Senate]
[Page S11884]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. MERKLEY:
  S. 2811. 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; to the Committee on Environment and 
Public Works.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                S. 2811

       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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