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LegislationLEGISLATION | Detail


H.R. 2062: Migratory Bird Treaty Act Penalty and Enforcement Act of 2009

Sponsor: DeFazio (D - OR)

Official Title: 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.

Status:
4/23/2009: Introduced
4/23/2009: Referred to House Natural Resources Committee
5/13/2009: Hearing Held by House Subcommittee on Insular Affairs, Oceans and Wildlife
11/18/2009: Discharged House Subcommittee on Insular Affairs, Oceans and Wildlife
11/18/2009: Mark up in the House Natural Resources Committee
12/7/2009: Reported as amended by House Natural Resources Committee
12/7/2009: House Passage
12/8/2009: Received in Senate
12/8/2009: Referred to Senate Environment and Public Works Committee
4/21/2010: Mark up in the Senate Environment and Public Works Committee
4/21/2010: Ordered to be reported Senate Environment and Public Works Committee
12/17/2010: Reported to Senate by Senate Environment and Public Works Committee
12/17/2010: Placed on Senate calendar

Commentary:
This bill, a companion to S. 2811, would amend the Migratory Bird Treaty Act (the same law at issue in the Supreme Court’s seminal Missouri v. Holland (1920)), which currently prohibits the taking of migratory birds with intent to sell or barter them, to prohibit the “intentional[] and malicious[]” taking of birds altogether, regardless of whether the accused acted with criminal intent. (Most hunting is specifically exempted from the treaty and the implementing statute.) Further, the bill would impose criminal penalties for any violation of the Act or regulations issued under it. Violations of either provision would be punishable by criminal fines of up to $50,000 and imprisonment of up to 2 years.

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