[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

_______________________________________________________________________

                                 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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