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H. Rept. 116-482 1 (2020-09-01)

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                     116TH CONGRESS                                          REPORT
                        2d Session     HOUSE OF REPRESENTATIVES              116-482







                             MIGRATORY BIRD PROTECTION ACT OF 2020



                     SEPTEMBER 1, 2020.-Committed to the Committee of the Whole House on the State
                                       of the Union and ordered to be printed



                          Mr. GRIJALVA, from the Committee on Natural Resources,
                                           submitted the following


                                              REPORT

                                                together with

                                            DISSENTING VIEWS

                                            [To accompany H.R. 5552]

                               [Including cost estimate of the Congressional Budget Office]

                       The Committee on Natural Resources, to whom was referred the
                     bill (H.R. 5552) to amend the Migratory Bird Treaty Act to affirm
                     that the Migratory Bird Treaty Act's prohibition on the unauthor-
                     ized take or killing of migratory birds includes incidental take by
                     commercial activities, and to direct the United States Fish and
                     Wildlife Service to regulate such incidental take, and for other pur-
                     poses, having considered the same, reports favorably thereon with
                     an amendment and recommends that the bill as amended do pass.
                       The amendment is as follows:
                       Strike all after the enacting clause and insert the following:

                     SECTION 1. SHORT TITLE.
                     This Act may be cited as the Migratory Bird Protection Act of 2020.
                     SEC. 2. AMENDMENTS TO THE MIGRATORY BIRD TREATY ACT.
                     (a) INCIDENTAL TAKE.-The Migratory Bird Treaty Act (16 U.S.C. 703 et seq.) is
                     amended in section 2(a), by inserting incidentally take, before attempt to take,.
                     (b) COMMERCIAL ACTIVITY.-
                          (1) The Migratory Bird Treaty Act (16 U.S.C. 703 et seq.) is amended by in-
                        serting after section 13 the following:
                     SEC. 14. INCIDENTAL TAKE OF MIGRATORY BIRDS.
                     (a) IN GENERAL.-It shall be a violation of this Act for any person to incidentally
                     take a migratory bird as a result of a commercial activity except as authorized by
                     this section and regulations issued pursuant to this section.
                     (b) GENERAL PERMITS.-The Secretary shall regulate the incidental take of mi-
                     gratory birds as a result of commercial activity by issuing general permits for par-
                        99-006

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