[Congressional Bills 108th Congress]
[From the U.S. Government Printing Office]
[H.R. 4114 Introduced in House (IH)]
108th CONGRESS
2d Session
H. R. 4114
To amend the Migratory Bird Treaty Act to exclude non-native migratory
bird species from the application of that Act, and for other purposes.
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IN THE HOUSE OF REPRESENTATIVES
April 1, 2004
Mr. Gilchrest (for himself, Mr. Saxton, and Mr. Kind) introduced the
following bill; which was referred to the Committee on Resources
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A BILL
To amend the Migratory Bird Treaty Act to exclude non-native migratory
bird species from the application of that Act, 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 Reform Act of
2004''.
SEC. 2. EXCLUSION OF NON-NATIVE SPECIES FROM APPLICATION OF CERTAIN
PROHIBITIONS UNDER MIGRATORY BIRD TREATY ACT.
Section 2 of the Migratory Bird Treaty Act (16 U.S.C. 703) is
amended--
(1) in the first sentence by striking ``That unless and
except as permitted'' and inserting the following: ``(a) In
General.--Unless and except as permitted''; and
(2) by adding at the end the following:
``(b) Limitation on Application to Introduced Species.--
``(1) In general.--This section applies only to migratory
bird species that are native to the United States and whose
occurrence in the United States is entirely the result of
natural biological or ecological conditions.
``(2) Treatment of introduced species.--For purposes of
paragraph (1)--
``(A) a bird species shall not be treated as native
to the United States if it occurs in the United States
solely as a result of intentional or unintentional
human-assisted introduction; and
``(B) a migratory bird species shall be treated as
native to the United States if--
``(i) it was native to the United States
and extant in 1918;
``(ii) it was extirpated after 1918
throughout its range in the United States; and
``(iii) after such extirpation, it was
reintroduced in the United States as a part of
a program carried out by a Federal agency.''.
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