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The text of S.1535 (Protect America’s Wildlife)

S 1535 IS
111th CONGRESS

1st Session

S. 1535
To amend the Fish and Wildlife Act of 1956 to establish additional prohibitions on shooting wildlife from aircraft, and for other purposes.
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
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A BILL
To amend the Fish and Wildlife Act of 1956 to establish additional prohibitions on shooting wildlife from aircraft, and for other purposes.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the `Protect America’s Wildlife Act of 2009′.

SEC. 2. ADDITIONAL PROHIBITIONS.

Section 13(a) of the Fish and Wildlife Act of 1956 (16 U.S.C. 742j-1(a)) is amended–

(1) in paragraph (1), by striking `or’ after the semicolon;

(2) in paragraph (2), by striking `or’ after the semicolon;

(3) in paragraph (3), by adding `or’ after the semicolon; and

(4) by inserting after paragraph (3) the following:

`(4) knowingly violates any regulation promulgated under this Act;'; and

(5) in the matter following paragraph (4) (as inserted by this section), by striking `$5,000′ and inserting `$50,000′.

SEC. 3. EXCEPTIONS TO PROHIBITIONS.

Section 13(b) of the Fish and Wildlife Act of 1956 (16 U.S.C. 742j-1(b)) is amended–

(1) in paragraph (1), by striking `This section’ and inserting `Subject to paragraph (3), this section';

(2) in paragraph (2)–

(A) 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';

(B) in subparagraph (A), by striking `to whom a permit was issued’ and inserting `so authorized';

(C) in subparagraph (B), by striking `thereunder';

(D) in subparagraph (C), by striking `to whom a permit was issued'; and

(E) 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

(3) by adding at the end the following:

`(3) 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–

`(A) 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–

`(i) a biological emergency is imminent; and

`(ii) all other practicable means to prevent the biological emergency, including stopping regulated takes of the declining population, have been implemented;

`(B) the action is carried out–

`(i) by an officer or employee of–

`(I) the fish and wildlife agency of the State; or

`(II)(aa) for game populations on land under the jurisdiction of the Department of the Interior, the Department of the Interior; or

`(bb) for game populations on land under the jurisdiction of the Department of Agriculture, the Department of Agriculture; and

`(ii) only in the specific geographical area in which the imminent biological emergency is located; and

`(C) the action results in the removal of not more than the minimum number of predators necessary to prevent the biological emergency.

`(4) EXCEPTION RELATING TO ACTIONS AUTHORIZED BY SECRETARY OF THE INTERIOR- The Secretary of the Interior may authorize any action described in subsection (a)–

`(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

`(B) 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).’.

SEC. 4. 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:

`(c) Definitions- In this section:

`(1) AIRCRAFT- The term `aircraft’ means any contrivance used for flight in the air.

`(2) 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.

`(3) HARASS- The term `harass’ means–

`(A) chasing or exhausting an animal; and

`(B) such other activities as are determined by the Secretary.’.

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