16 U.S.C. § 718
Section 718 · Repealed. Pub. L. 109266, 10(h), Aug. 3, 2006, 120 Stat. 677
Amended 1 time on record
Applied in 5 court decisions — leading case Swan Lake Hunting Club v. United States (1967)
Most recently applied in United States v. Johansen (August 1996)
How often courts cite this section
Court decisions citing this, by year.Markers show enactment, consequential amendments, and circuit splits over this section — watch for a citation surge after a change or a disagreement. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.
(a) Terms defined in the Migratory Bird Treaty Act [16 U.S.C. 703 et seq.], or the Migratory Bird Conservation Act [16 U.S.C. 715 et seq.], shall, when used in this subchapter, have the meaning assigned to such terms in such Acts, respectively.
(b) As used in this subchapter (1) the term “migratory waterfowl” means the species enumerated in paragraph (a) of subdivision 1 of article I of the treaty between the United States and Great Britain for the protection of migratory birds concluded August 16, 1916 (39 Stat. 1702); (2) the term “State” includes the several States and Territories of the United States and the District of Columbia; and (3) the term “take” means pursue, hunt, shoot, capture, collect, or kill, or attempt to pursue, hunt, shoot, capture, collect, or kill.
Editorial notes U.S. Code · Office of the Law Revision Counsel
References in Text
The Migratory Bird Treaty Act, referred to in subsec. (a), is act July 3, 1918, ch. 128, 40 Stat. 755, as amended, which is classified generally to subchapter II (§703 et seq.) of this chapter 7 of this title. For complete classification of this Act to the Code, see section 710 of this title and Tables.
The Migratory Bird Conservation Act, referred to in subsec. (a), is act Feb. 18, 1929, ch. 257, 45 Stat. 1222, as amended, which is classified generally to subchapter III (§715 et seq.) of chapter 7 of this title. For complete classification of this Act to the Code, see section 715 of this title and Tables.
Short Title
Act of Mar. 16, 1934, ch. 71, 48 Stat. 451, as amended, which is classified generally to this subchapter, is popularly known as the “Migratory Bird Hunting Stamp Act” and also as the “Duck Stamp Act”.