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

H.R. 2062

Migratory Bird Treaty Act Penalty and Enforcement Act of 2009

Rep. Peter A. DeFazio

December 7, 2009 (111th Congress, 1st Session)

Staff Contact

Floor Situation

The House is scheduled to consider H.R. 2062, on Monday, December 7, 2009, under suspension of the rules, requiring a two-thirds majority vote for passage. H.R. 2062 was introduced on April 23, 2009, by Rep. Peter DeFazio (D-OR) and referred to the Committee on Natural Resources, which held a mark-up and reported the bill, as amended, by voice vote on November 18, 2009.

Bill Summary

H.R. 2062 would amend the Migratory Bird Treaty Act to increase penalties for violations of the under the act. Under the bill, any person convicted of intentionally and maliciously taking a migratory bird (except in the case of hunting or other allowed activities) would be guilty of a felony and subject to a fine of up to $50,000 and up to two years imprisonment. The bill would also require the Secretary of Treasury to use some funds from the fines to provide rewards to any person who furnishes information that leads to an arrest or a criminal conviction for any violation of this Act.


The Migratory Bird Treaty Act was passed in 1918 to provide a common foundation for the U.S., Canada, Japan, Mexico and the former Soviet Union to protect migratory birds that reside in a number of different nations. The law makes it illegal to ship, transport or carry from one State, territory or district to another, or through a foreign country, any bird, part, nest or egg that was captured, killed, taken, shipped, transported or carried contrary to the laws from where it was obtained. The underlying bill would expand the punishments for a violation of the treaty.


According to CBO, H.R. 2062 would generate some revenue from increased fines, but the new punishment would only apply to a relatively small number of people and the revenue increase would not be significant.