905 



ch. 128, § 4, 40 Stat. 755; June 20, 1936, ch. 634, § 4, 

 49 Stat. 1556: 1939 Reorg. Plan No. II, §4(f), eff. 

 July 1, 1939, 4 P.R. 2731, 53 Stat. 1433; Dec. 5, 1969, 

 Pub. L. 91-135, § 10, 83 Stat. 282.) 



Amendments 



1969 — Pub L. 91-135 repealed the second par., which 

 prohibited the shipment of wild game mammals or parts 

 thereof by any person of the United States to and from 

 Mexico, except by permit from the Secretary of the In- 

 terior. 



1936— Act June 20. 1936. added last sentence. 



§706. Arrests; search warrants. 



Any employee of the Department of the Interior 

 authorized by the Secretary of the Interior to en- 

 force the provisions of sections 703 to 711 of this title 

 shalj have power, without warrant, to arrest any 

 person committing a violation of said sections In 

 his presence or view and to take such person imme- 

 diately for examination or trial before an oflBcer or 

 court of competent jurisdiction; shall have power 

 to execute any warrant or other process issued by 

 an oflBcer or court of competent jurisdiction for the 

 enforcement of the piovlsions of said sections; and 

 shall have authority, with a search warrant, to 

 search any place. The several judges of the courts 

 established under the laws of the United States, and 

 United States commissioners may, within their re- 

 spective jurisdictions, upon proper oath or aflBrma- 

 tion showing probable cause, issue warrants in all 

 such cases. All birds, or parts, nests, or eggs thereof, 

 captured, killed, taken, shipped, transported, car- 

 ried, or possessed contrary to the provisions of said 

 sections or of any regulations made pursuant thereto 

 shall, when found, be seized by any such employee, 

 or by any marshal or deputy marshal, and, upon 

 conviction of the offender or upon judgment of a 

 court of the United States that the same were cap- 

 tured, killed, taken, shipped, transported, carried, or 

 possessed contrary to the provisions of said sections 

 or of any regulation made pursuant thereto, shall 

 be forfeited to the United States and disposed of as 

 directed by the court having jurisdiction. (July 3, 

 1918, ch. 128. § 5. 40 Stat. 756; 1939 Reorg. Plan No. 

 n. § 4 (f 1 , eflT. July 1, 1939, 4 P. R. 2731. 53 Stat. 1433 > 



§707. Violations and penalties; forfeitures.. 



(a) Except as otherwise provided in this section, 

 any person, association, partnership, or corporation 

 who shall violate any provisions of said conventions 

 or of sections 703 to 711 of this title, or who shall 

 violate or fail to comply with any regulation made 

 pursuant to said sections shall be deemed guilty of 

 a misdemeanor and upon conviction thereof shall 

 be fined not more than $500 or be imprisoned not 

 more than six months, or both. 



(b) Whoever, in violation of sections 703 to 711 of 

 this title, shall — 



(1) take by any manner whatsoever any migra- 

 tory bird with intent to sell, offer to sell, barter 

 or offer to barter such bird, or 



(2) sell, offer for sale, barter or offer to barter, 

 any migratory bird shall be guilty of a felony and 

 shall be fined not more than $2,000 or imprisoned 

 not more than two years, or both. 



(c) AH guns, traps, nets and other equipment, 

 vessels, vehicles, and other means of transportation 

 used by any person when engaged in pursuing, 

 hunting, taking, trapping, ensnaring, capturing, 

 killing, or attempting to take, capture, or kill any 

 migratory bird in violation of sections 703 to 711 of 

 this title with the intent to offer for sale, or sell, or 

 offer for barter, or barter such bird in violation of 

 said sections shall be forfeited to the United States 

 and may be seized and held pending the prosecution 

 of any person arrested for violating said sections 

 and upon conviction for such violation, such forfei- 

 ture shall be adjudicated as a penalty in addition 

 to any other provided for violation of said sections. 

 Such forfeited property shall be disposed of and 

 accounted for by, and under the authority of, the 

 Secretary of the Interior. (July 3, 1918, ch. 128, 

 § 6, 40 Stat. 756; June 20. 1936, ch. 634. § 2, 49 Stat. 

 1556; Sept. 8, 1960, Pub. L. 86-732, 74 Stat. 866.) 

 Amendments 

 1960 — Pub. L. 86-732 designated existing provisions as 

 subsec. (a), and Inserted words 'Except as otherwise pro- 

 vided in this section" therein, and added subsecs (b) and 

 (c). 



1936— Act June 20. 1936 substituted "conventions" for 

 "convention". 



§ 708. State or Territorial laws or regulations. 



Nothing in sections 703 to 711 of this title shall be 

 construed to prevent the several States and Terri- 

 tories from making or enforcing laws or regulations 

 not inconsistent with the provisions of said conven- 

 tions or of said sections, or from making or enforc- 

 ing laws or regulations which shall give further pro- 

 tection to migratory birds, their nests, and eggs, if 

 such laws or regulations do not extend the open 

 seasons for such birds beyond the dates approved 

 by the President in accordance with section 704 of 

 this title. (July 3. 1918, ch. 128. §7, 40 Stat. 756: 

 June 20. 1936. ch. 634. § 2, 49 Stat. 1556.) 



§ 709. Migratory birds, nests, or eggs for scientific or 

 propagating purposes. 



Codification 

 Section, act July 3. 1918. ch 128. § 8. 40 Stat. 756. au- 

 thorized taking and use of migratory birds, nests, or eggs 

 for scientific or propagating purposes until adoption and 

 approval, pursuant to section 704 of this title, of regula- 

 tions dealing therewllh Regulations were promulgated 

 by Proc. July 31. 1918. 40 Stat 1812. 



§ 709a. Authorization of appropriations. 



There is hereby authorized to be appropriated, 

 from time to time, out of any money in the Treasury 

 not otherwise appropriated, such amounts as may be 

 necessary to carry out the provisions and to accom- 

 plish the purposes of said conventions and of sec- 

 tions 703 to 711 of this title and regulations made 

 pursuant thereto, and the Secretary of the Interior is 

 authorized out of such moneys to employ in the city 

 of Washington and elsewhere such persons and 

 means as he may deem necessary for such purpcjse 

 and may cooperate with local authorities in the 

 protection of migratory birds and make the neces- 

 sary investigations connected therewith. (July 3, 

 1918, ch. 128, § 9, as added June 20, 1936. ch. 634, 

 § 5, 49 Stat. 1556. and amended 1939 Reorg. Plan 



