Page:United States Statutes at Large Volume 112 Part 5.djvu/198

 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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