I'm not a lawyer but according to the Migratory Bird Act treaty of 
1918, "it shall be unlawful at any time, by any means or in any manner, to 
pursue ... any migratory bird..."



While the bulk of the wording refers to hunting or taking activities, the 
Act does begin with the word "pursue".  Following a bird into an area to 
try to flush it certainly sounds like pursuit to me.

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