[BCNnet] HR 2062 MBTA changes

[Bjdurk at aol.com]

I've re-formatted; thank you for  your patience.   
_http://www.opencongress.org/bill/111-h2062/show_ 
(http://www.opencongress.org/bill/111-h2062/show)  
RE:  HR 2062 Bill changes to the Migratory Bird Treaty  Act prompt the 
question:   
Do  wind developers (oil companies) whose projects kill migratory birds 
cause harm  in an aggravated manner?  deliberately???  
This  bill is being pitched as a penalty enhancement Act--and I'm not 
buying  that.   
Most  Respectfully,  
Barbara Durkin  
HR  2062 RF 
111th  CONGRESS 
1st  Session 
H. R.  2062 
IN THE  SENATE OF THE UNITED STATES 
December 8, 2009 
Received; read twice and referred to the Committee on Environment  and 
Public Works 
  
____________________________________

AN  ACT 
To  amend the Migratory Bird Treaty Act to provide for penalties and 
enforcement for  intentionally taking protected avian species, and for other 
purposes. 
Be it  enacted by the Senate and House of Representatives of the United 
States of  America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This  Act may be cited as the ‘Migratory Bird Treaty Act Penalty and 
Enforcement Act  of 2009’. 
SEC.  2. AMENDMENT OF MIGRATORY BIRD TREATY ACT. 
Section 6 of the Migratory Bird Treaty Act (_16 U.S.C.  707_ 
(http://www.law.cornell.edu/usc-cgi/newurl?type=titlesect&title=16&section=707) ) is 
amended by redesignating subsection  (d) as subsection (e), and by inserting 
after subsection (c) the following new  subsection: 
‘(d)(1) Except in the case of hunting and other activity allowed  under 
section 3, whoever in violation of this Act kills or wounds a migratory  bird 
in an aggravated manner shall, in lieu of any  penalty for such violation-- 
‘(A)  for the first violation, be fined under title 18, United States Code, 
imprisoned  for not more than one year, or both; and 
‘(B)  for the second and any subsequent violation, be fined under title 18 
of the  United States Code, imprisoned for not more than 2 years, or both. 
‘(2)  The authority under section 3(k) of the Fish and Wildlife Improvement 
Act of  1978 (_16 U.S.C.  742l(k)_ 
(http://www.law.cornell.edu/usc-cgi/newurl?type=titlesect&title=16&section=742l) ) applies with respect to a  
violation described in paragraph (1). 
‘(3)  For the purposes of this subsection the term ‘aggravated  manner’ 
means deliberately and in a manner that-- 
‘(A) demonstrates indifference to the pain and suffering of the  bird; or 
‘(B) involves actions that would shock a reasonable  person.’. 
Passed  the House of Representatives December 7, 2009. 
Attest: 
LORRAINE C. MILLER, 
Clerk. 
-------------- next part --------------
An HTML attachment was scrubbed...
URL: http://screamer.ece.iit.edu/pipermail/bcnnet/attachments/20100125/d29299bf/attachment.html