I 111th CONGRESS 1st Session H. R. 3381 IN THE HOUSE OF REPRESENTATIVES July 29, 2009 Mr. George Miller of California (for himself, Mr. Ackerman, Mr. Andrews, Mr. Baird, Ms. Baldwin, Mr. Berman, Mr. Blumenauer, Mr. Brady of Pennsylvania, Ms. Corrine Brown of Florida, Mrs. Capps, Mr. Castle, Mrs. Christensen, Mr. Clay, Mr. Cleaver, Mr. Cohen, Mr. Connolly of Virginia, Mr. Conyers, Mr. Cummings, Mr. Davis of Illinois, Mrs. Davis of California, Mr. Delahunt, Mr. DeFazio, Ms. DeGette, Ms. DeLauro, Mr. Dicks, Mr. Dingell, Mr. Doyle, Mr. Ellison, Ms. Eshoo, Mr. Farr, Mr. Filner, Mr. Frank of Massachusetts, Mr. Frelinghuysen, Mr. Grijalva, Mr. Gutierrez, Mr. Hall of New York, Mr. Hare, Ms. Harman, Mr. Hastings of Florida, Mr. Heinrich, Mr. Hinchey, Ms. Hirono, Mr. Holt, Mr. Honda, Mr. Inslee, Mr. Israel, Ms. Jackson-Lee of Texas, Mr. Johnson of Georgia, Mr. Kennedy, Ms. Kilpatrick of Michigan, Mr. Kucinich, Mr. Langevin, Ms. Lee of California, Mr. Levin, Mr. Lewis of Georgia, Mr. Lipinski, Ms. Zoe Lofgren of California, Mrs. Lowey, Mr. Lynch, Mr. McDermott, Mr. McGovern, Mr. McNerney, Mrs. Maloney, Mr. Markey of Massachusetts, Mr. Massa, Ms. Matsui, Mr. Miller of North Carolina, Mr. Mitchell, Mr. Moore of Kansas, Ms. Moore of Wisconsin, Mr. Moran of Virginia, Mr. Murphy of Connecticut, Mr. Nadler of New York, Mr. Oberstar, Mr. Obey, Mr. Olver, Mr. Pallone, Mr. Pastor of Arizona, Mr. Payne, Ms. Pingree of Maine, Mr. Price of North Carolina, Mr. Quigley, Mr. Rothman of New Jersey, Ms. Roybal-Allard, Ms. Linda T. Sánchez of California, Mr. Sarbanes, Ms. Schakowsky, Mr. Schiff, Ms. Schwartz, Mr. Scott of Georgia, Mr. Serrano, Mr. Sestak, Ms. Shea-Porter, Mr. Sherman, Mr. Sires, Mr. Smith of Washington, Mr. Smith of New Jersey, Ms. Speier, Mr. Stark, Mr. Tierney, Mr. Van Hollen, Mr. Waxman, Mr. Weiner, Mr. Wexler, Ms. Woolsey, Mr. Wu, and Mr. Lance) introduced the following bill; which was referred to the Committee on Natural Resources A BILL To amend the Fish and Wildlife Act of 1956 to establish additional prohibitions on shooting wildlife from aircraft, and for other purposes.

1.

Short title

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

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; (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.

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, for actions intended to protect land, water, or wildlife, the scientific basis for the actions so authorized; 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 species 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). .

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 thereof). (3)

Harass

The term harass means— (A)chasing or exhausting an animal; and (B)such other activities as are determined by the Secretary. .