16 U.S.C. § 703 : US Code - Section 703: Taking, killing, or possessing migratory birds unlawful
Search 16 U.S.C. § 703 : US Code - Section 703: Taking, killing, or possessing migratory birds unlawful
(a) In general
Unless and except as permitted by regulations made as hereinafter
provided in this subchapter, it shall be unlawful at any time, by
any means or in any manner, to pursue, hunt, take, capture, kill,
attempt to take, capture, or kill, possess, offer for sale, sell,
offer to barter, barter, offer to purchase, purchase, deliver for
shipment, ship, export, import, cause to be shipped, exported, or
imported, deliver for transportation, transport or cause to be
transported, carry or cause to be carried, or receive for shipment,
transportation, carriage, or export, any migratory bird, any part,
nest, or eggs of any such bird, or any product, whether or not
manufactured, which consists, or is composed in whole or part, of
any such bird or any part, nest, or egg thereof, included in the
terms of the conventions between the United States and Great
Britain for the protection of migratory birds concluded August 16,
1916 (39 Stat. 1702), the United States and the United Mexican
States for the protection of migratory birds and game mammals
concluded February 7, 1936, the United States and the Government of
Japan for the protection of migratory birds and birds in danger of
extinction, and their environment concluded March 4, 1972 (!1) and
the convention between the United States and the Union of Soviet
Socialist Republics for the conservation of migratory birds and
their environments concluded November 19, 1976.
(b) Limitation on application to introduced species
(1) In general
This subchapter applies only to migratory bird species that are
native to the United States or its territories.
(2) Native to the United States defined
(A) In general
Subject to subparagraph (B), in this subsection the term
"native to the United States or its territories" means
occurring in the United States or its territories as the result
of natural biological or ecological processes.
(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.
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Determination as to when and how migratory birds may be taken, killed, or possessed