---
kind: "section"
citation: "16 U.S.C. § 2912"
title: "16"
title_heading: "Conservation"
number: "2912"
heading: "Federal conservation of migratory nongame birds"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/16/2912"
units:
  - "Chapter 49 — Fish and Wildlife Conservation"
---

# §2912. Federal conservation of migratory nongame birds

- (a) **Conservation activities—** The [Secretary](/usc/16/2902.md?p=7) shall undertake the following research and [conservation](/usc/16/2902.md?p=3) activities, in coordination with other Federal, [State](/usc/16/2902.md?p=8), international and private organizations, to assist in fulfilling his responsibilities to [conserve](/usc/16/2902.md?p=3) migratory nongame birds under existing authorities provided by the Migratory Bird Treaty Act and Migratory Bird Conservation Act ([16 U.S.C. 701–715](https://uscode.house.gov/view.xhtml?req=(/us/usc/t16/s701–715))) and section 8A(e) of the Endangered Species Act [[16 U.S.C. 1537a(e)](/usc/16/1537a.md?p=e)] implementing the Convention on Nature Protection and Wildlife Preservation in the Western Hemisphere:
  - (1) monitor and assess population trends and status of species, subspecies, and populations of all migratory nongame birds;
  - (2) identify the effects of environmental changes and human activities on species, subspecies, and populations of all migratory nongame birds;
  - (3) identify species, subspecies, and populations of all migratory nongame birds that, without additional [conservation](/usc/16/2902.md?p=3) actions, are likely to become candidates for listing under the Endangered Species Act of 1973, as amended ([16 U.S.C. 1531–154](https://uscode.house.gov/view.xhtml?req=(/us/usc/t16/s1531–154))3);
  - (4) identify [conservation](/usc/16/2902.md?p=3) actions to assure that species, subspecies, and populations of migratory nongame birds identified under [paragraph (3)](#a-3) do not reach the point at which the measures provided pursuant to the Endangered Species Act of 1973, as amended ([16 U.S.C. 1531–154](https://uscode.house.gov/view.xhtml?req=(/us/usc/t16/s1531–154))3) become necessary; and
  - (5) identify lands and waters in the United States and other nations in the Western Hemisphere whose protection, management, or [acquisition](/usc/16/620e.md?p=1) will foster the [conservation](/usc/16/2902.md?p=3) of species, subspecies, and populations of migratory nongame birds, including those identified in [paragraph (3)](#a-3).
- (b) **Reports—** Within one year after November 14, 1988, and at five-year intervals thereafter, the [Secretary](/usc/16/2902.md?p=7) shall prepare a report that presents the results of the activities taken pursuant to [subsection (a)](#a) of this section and that describes any efforts to carry out those [conservation](/usc/16/2902.md?p=3) actions identified pursuant to [paragraph (4)](#a-4) of subsection (a) of this section. Such reports shall be submitted to the Committee on Environment and Public Works of the United States Senate and to the Committee on Merchant Marine and Fisheries of the United States House of Representatives.

## Source credit

(Pub. L. 96–366, § 13, as added Pub. L. 100–653, title VIII, § 802, Nov. 14, 1988, 102 Stat. 3833; amended Pub. L. 101–233, § 16(b), Dec. 13, 1989, 103 Stat. 1977.)

## Notes

### Editorial Notes

### References in Text

The Migratory Bird Treaty Act, referred to in subsec. (a), is act July 3, 1918, ch. 128, 40 Stat. 755, which is classified generally to subchapter II (§ 703 et seq.) of chapter 7 of this title. For complete classification of this Act to the Code, see section 710 of this title and Tables.

The Migratory Bird Conservation Act, referred to in subsec. (a), is act Feb. 18, 1929, ch. 257, 45 Stat. 1222, which is classified generally to subchapter III (§ 715 et seq.) of chapter 7 of this title. For complete classification of this Act to the Code, see section 715 of this title and Tables.

The Endangered Species Act of 1973, referred to in subsec. (a)(3), (4), is Pub. L. 93–205, Dec. 28, 1973, 87 Stat. 884, which is classified generally to chapter 35 (§ 1531 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 1531 of this title and Tables.

### Codification

November 14, 1988, referred to in subsec. (b), was in the original “the date of enactment of this Act” which was translated as meaning the date of enactment of Pub. L. 100–653, which enacted this section, to reflect the probable intent of Congress.

### Amendments

1989—Subsec. (a)(5). Pub. L. 101–233 added par. (5).

### Statutory Notes and Related Subsidiaries

### Abolition of House Committee on Merchant Marine and Fisheries

Committee on Merchant Marine and Fisheries of House of Representatives abolished and its jurisdiction transferred by House Resolution No. 6, One Hundred Fourth Congress, Jan. 4, 1995. Committee on Merchant Marine and Fisheries of House of Representatives treated as referring to Committee on Resources of House of Representatives in case of provisions relating to fisheries, wildlife, international fishing agreements, marine affairs (including coastal zone management) except for measures relating to oil and other pollution of navigable waters, or oceanography by section 1(b)(3) of Pub. L. 104–14, set out as a note preceding section 21 of Title 2, The Congress. Committee on Resources of House of Representatives changed to Committee on Natural Resources of House of Representatives by House Resolution No. 6, One Hundred Tenth Congress, Jan. 5, 2007.