(6)
The term “nongame fish and wildlife” means wild vertebrate animals that are in an unconfined state and that—
(A)
are not ordinarily taken for sport, fur, or food, except that if under applicable State law, any of such animals may be taken for sport, fur, or food in some, but not all, areas of the State, any of such animals within any area of the State in which such taking is not permitted may be deemed to be nongame fish and wildlife;
(B)
are not listed as endangered species or threatened species under the Endangered Species Act of 1973 (16 U.S.C. 1531–1543); and
(C)
are not marine mammals within the meaning of section
1362
(5) of this title.
Such term does not include any domesticated species that has reverted to a feral existence.