112 STAT. 2956
PUBLIC LAW 105-312—OCT. 30, 1998
Oct. 30, 1998
[H.R. 2807]
Migratory Bird
Treaty Reform
Act of 1998.
Public Law 105-312
105th Congress
An Act
To clarify restrictions under the Migratory Bird Treaty Act on baiting and to
facilitate acquisition of migratory bird habitat, and for other purposes.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
TITLE I—MIGRATORY BIRD TREATY
REFORM
16 USC 710 note. SEC. 101. SHORT TITLE.
Deadline.
16 USC 704 note.
This title may be cited as the "Migratory Bird Treaty Reform
Act of 1998".
SEC. 102. ELIMINATING STRICT LIABILITY FOR BATTING.
Section 3 of the Migratory Bird Treaty Act (16 U.S.C. 704)
is amended—
(1) by inserting "(a)" after "SEC. 3."; and
(2) by adding at the end the following:
"(b) It shall be unlawful for any person to—
"(1) take any migratory game bird by the aid of baiting,
or on or over any baited area, if the person knows or reasonably
should know that the area is a baited area; or
"(2) place or direct the placement of bait on or adjacent
to an area for the purpose of causing, inducing, or allowing
any person to take or attempt to take any migratory game
bird by the aid of baiting on or over the baited area.".
SEC. 103. CRIMINAL PENALTIES.
Section 6 of the Migratory Bird Treaty Act (16 U.S.C. 707)
is amended—
(1) in subsection (a), by striking "$500" and inserting
" $15,000 ";
(2) by redesignating subsection (c) as subsection (d); and
(3) by inserting after subsection (b) the following:
"(c) Whoever violates section 3(b)(2) shall be fined under title
18, United States Code, imprisoned not more than 1 year, or both.".
SEC. 104. REPORT.
Not later than 5 years after the date of enactment of this
Act, the Secretary of the Interior shall submit to the Committee
on Environment and Public Works of the Senate and the Committee
on Resources of the House of Representatives a report analyzing
the effect of the amendments made by section 2, and the general
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