[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 1535 Introduced in Senate (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

_______________________________________________________________________

                                 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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