16 U.S.C. § 712

Treaty and convention implementing regulations; seasonal taking of migratory birds for essential needs of indigenous Alaskans to preserve and maintain stocks of the birds; protection and conservation of the birds

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(1) In accordance with the various migratory bird treaties and conventions with Canada, Japan, Mexico, and the Union of Soviet Socialist Republics, the Secretary of the Interior is authorized to issue such regulations as may be necessary to assure that the taking of migratory birds and the collection of their eggs, by the indigenous inhabitants of the State of Alaska, shall be permitted for their own nutritional and other essential needs, as determined by the Secretary of the Interior, during seasons established so as to provide for the preservation and maintenance of stocks of migratory birds.(2) The Secretary of the Interior is authorized to issue such regulations as may be necessary to implement the provisions of the convention between the United States and Great Britain for the protection of migratory birds concluded August 16, 1916, the convention between the United States and the United Mexican States for the protection of migratory birds and game mammals concluded February 7, 1936, the convention between the United States and the Government of Japan for the protection of migratory birds in danger of extinction, and their environment concluded March 4, 1972, and the convention between the United States and the Union of Soviet Socialist Republics for the conservation of migratory birds and their environment concluded November 19, 1976.(Pub. L. 95–616, § 3(h)(2), (3), Nov. 8, 1978, 92 Stat. 3112.)Editorial NotesCodification

Par. (1) of section 3(h) of Pub. L. 95–616 amended section 706 of this title. Pars. (2) and (3) of such section 3(h) were redesignated (1) and (2) for codification purposes.

Section was enacted as part of the Fish and Wildlife Improvement Act of 1978, and not as part of the Migratory Bird Treaty Act which comprises this subchapter.

Notes of Decisions

Cited in 7 cases, 1987–2015 · leading case: Hill, Joyce M. v. Norton, Gale A., 275 F.3d 98 (D.C. Cir. 2001).

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Hill, Joyce M. v. Norton, Gale A., 275 F.3d 98 (D.C. Cir. 2001). “See 16 U.S.C. § 712 (2). Under this authority, the Secretary has published lists of protected migratory birds.”

Hill v. Gould, 555 F.3d 1003 (D.C. Cir. 2009). “16 U.S.C. § 712 (2); see also id. § 704. Pursuant to that authority, the Secretary published a list of protected migratory birds in 1973 and revised it in 1985.”

Fund for Animals v. Norton, 365 F. Supp. 2d 394 (S.D.N.Y. 2005). “Pursuant to 16 U.S.C. § 712 (2), Congress delegated to the Secretary of Interior the power to issue regulations effectuating the four treaty conventions.”

Alaska Fish & Wildlife Fed'n v. Dunkle, 829 F.2d 933 (9th Cir. 1987). · cites it 3× “The Intervenors argued that the 1925 AGL superceded the MBTA and that until the Secretary of the Interior adopts regulations pursuant to the 1978 Fish and Wildlife Improvement Act (“Fish and Wildlife Improvement Act”), 16 U.S.C. § 712 (1982), Congress has, pursuant to the 1925…”

Williams v. Babbitt, 115 F.3d 657 (9th Cir. 1997). “, 16 U.S.C. § 712 (1) (migratory birds); 16 U.”

United States v. 16 Mounts, Rugs & Horns, 124 F. Supp. 3d 1174 (D.N.M. 2015). “13 ; 16 U.S.C. § 712 (2). Fern has never applied for, nor received, any permit to possess birds covered by the Act.”

Nat'l Audubon Soc'y v. Davis, 144 F. Supp. 2d 1160 (N.D. Cal. 2000). “It has as its goal the “protection of migratory birds,” 16 U.S.C. § 712 (b), -with specific species being-enumerated in various international trea *1182 ties to which the United States is a signatory, id.”

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