1.This Act may be cited as the
Protect America’s Wildlife Act of
2009
.
2.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
.
3.Exceptions to
prohibitionsSection 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 wildlifeNo 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 InteriorThe
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).
.
4.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)In
this section:
(1)The term aircraft means any
contrivance used for flight in the air.
(2)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)The
term harass means—
(A)chasing or
exhausting an animal; and
(B)such other
activities as are determined by the
Secretary.
.