View all text of Subchapter II [§ 703 - § 712]

§ 703. Taking, killing, or possessing migratory birds unlawful
(a) In general
(b) Limitation on application to introduced species
(1) In general
(2) Native to the United States defined
(A) In general
(B) Treatment of introduced species
For purposes of paragraph (1), a migratory bird species that occurs in the United States or its territories solely as a result of intentional or unintentional human-assisted introduction shall not be considered native to the United States or its territories unless—
(i) it was native to the United States or its territories and extant in 1918;
(ii) it was extirpated after 1918 throughout its range in the United States and its territories; and
(iii) after such extirpation, it was reintroduced in the United States or its territories as a part of a program carried out by a Federal agency.
(July 3, 1918, ch. 128, § 2, 40 Stat. 755; June 20, 1936, ch. 634, § 3, 49 Stat. 1556; Pub. L. 93–300, § 1, June 1, 1974, 88 Stat. 190; Pub. L. 101–233, § 15, Dec. 13, 1989, 103 Stat. 1977; Pub. L. 108–447, div. E, title I, § 143(b), Dec. 8, 2004, 118 Stat. 3071.)