I 108th CONGRESS 2d Session H. R. 4114 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.

1.

Short title

This Act may be cited as the &short-title1;.

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..