II
111th CONGRESS
1st Session
S. 1535
IN THE SENATE OF THE UNITED STATES
July 29, 2009
Mrs. Feinstein (for herself and Mr. Cardin) introduced the following bill; which was read twice and referred to the Committee on Environment and Public Works
A BILL
To amend the Fish and Wildlife Act of 1956 to establish additional prohibitions on shooting wildlife from aircraft, and for other purposes.
Short title
This Act may be cited as the
Protect America’s Wildlife Act of
2009
.
Additional prohibitions
Section 13(a) of the Fish and Wildlife Act of 1956 (16 U.S.C. 742j–1(a)) is amended—
in paragraph (1),
by striking or
after the semicolon;
in paragraph (2),
by striking or
after the semicolon;
in paragraph (3),
by adding or
after the semicolon; and
by inserting after paragraph (3) the following:
knowingly violates any regulation promulgated under this Act;
; and
in the matter
following paragraph (4) (as inserted by this section), by striking
$5,000
and inserting $50,000
.
Exceptions to prohibitions
Section 13(b) of the Fish and Wildlife Act of 1956 (16 U.S.C. 742j–1(b)) is amended—
in paragraph (1),
by striking This section
and inserting Subject to
paragraph (3), this section
;
in paragraph (2)—
in the matter
preceding subparagraph (A), by striking issues a permit referred to
in
and inserting authorizes an employee, agent, or person
operating under a license or permit to take an action under
;
in subparagraph
(A), by striking to whom a permit was issued
and inserting
so authorized
;
in subparagraph
(B), by striking thereunder
;
in subparagraph
(C), by striking to whom a permit was issued
; and
in subparagraph
(D), by striking issuing the permit
and inserting
authorizing the action, including the scientific basis for actions
identified in subsection (a) that are warranted to administer or protect or aid
in the administration or protection of land, water, wildlife, livestock,
domesticated animals, human life, or crops
; and
by adding at the end the following:
Enhancing the propagation and survival of wildlife
No person exempted under paragraph (1) may shoot, attempt to shoot, or harass any wolf, bear, or wolverine for the purpose of enhancing the propagation and survival of wildlife, including game populations, unless—
the head of the fish and wildlife agency of the State and, for game populations on land under the jurisdiction of the Department of the Interior, the Secretary of the Interior, or for game populations on land under the jurisdiction of the Department of Agriculture, the Secretary of Agriculture, determines, based on the best scientific data available, that—
a biological emergency is imminent; and
all other practicable means to prevent the biological emergency, including stopping regulated takes of the declining population, have been implemented;
the action is carried out—
by an officer or employee of—
the fish and wildlife agency of the State; or
for game populations on land under the jurisdiction of the Department of the Interior, the Department of the Interior; or
for game populations on land under the jurisdiction of the Department of Agriculture, the Department of Agriculture; and
only in the specific geographical area in which the imminent biological emergency is located; and
the action results in the removal of not more than the minimum number of predators necessary to prevent the biological emergency.
Exception relating to actions authorized by Secretary of the Interior
The Secretary of the Interior may authorize any action described in subsection (a)—
to prevent the extinction of a species that is listed as a threatened or endangered species under section 4(c)(1) of the Endangered Species Act of 1973 (16 U.S.C. 1533(c)(1)); and
if the Secretary of the Interior determines that there is no other means available to address the threat of extinction of the species described in subparagraph (A).
.
Definitions
Section 13 of the Fish and Wildlife Act of 1956 (16 U.S.C. 742j–1) is amended by striking subsection (c) and inserting the following:
Definitions
In this section:
Aircraft
The term aircraft means any contrivance used for flight in the air.
Biological emergency
The term biological emergency means the likely extirpation or a significant and imminent threat to the sustainability of a wildlife population due to predation by wolves, bears, or wolverines, or any combination of those animals.
Harass
The term harass means—
chasing or exhausting an animal; and
such other activities as are determined by the Secretary.
.