[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4939 Introduced in House (IH)]

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118th CONGRESS
  1st Session
                                H. R. 4939

 To authorize livestock producers and their employees to take crested 
caracaras in order to prevent the death of or injury or destruction to 
                   livestock, and for other purposes.


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                    IN THE HOUSE OF REPRESENTATIVES

                             July 26, 2023

  Mr. Pfluger (for himself and Mr. Cuellar) introduced the following 
     bill; which was referred to the Committee on Natural Resources

_______________________________________________________________________

                                 A BILL


 
 To authorize livestock producers and their employees to take crested 
caracaras in order to prevent the death of or injury or destruction to 
                   livestock, 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. AUTHORIZATION FOR LIVESTOCK PRODUCERS AND THEIR EMPLOYEES TO 
              TAKE CERTAIN CRESTED CARACARAS.

    (a) In General.--Notwithstanding any provision of the Migratory 
Bird Treaty Act (16 U.S.C. 703 et seq.), a covered person may--
            (1) take or attempt to take a crested caracara that is 
        causing, or that the covered person has a reasonable belief 
        will cause, the death of or injury or destruction to livestock; 
        or
            (2) in the course of taking or attempting to take a crested 
        caracara described in paragraph (1), cause injury to such 
        crested caracara.
    (b) Reporting Requirements.--Not later than January 31 of each 
year, a covered person that takes a crested caracara pursuant to 
subsection (a) in the preceding 12-month period shall complete and 
submit to the appropriate United States Fish and Wildlife Service 
Regional Office (as determined by the geographic jurisdictions 
described in section 2.2 of title 50, Code of Federal Regulations, or 
any successor regulation) an annual report using the form developed 
under subsection (c).
    (c) Issuance of Form.--Not later than 180 days after the date of 
the enactment of this section, the Director of the United States Fish 
and Wildlife Service shall make available on the website of the United 
States Fish and Wildlife Service such reporting form as the Director 
determines appropriate for the purposes of taking reports under 
subsection (b). Such form may not be more onerous to complete than 
similar forms for permitted take under the Migratory Bird Treaty Act 
(16 U.S.C. 703 et seq.) required as of the date of the enactment of 
this section.
    (d) Definitions.--In this section:
            (1) Crested caracara.--The term ``crested caracara'' means 
        a bird of the species Caracara cheriway.
            (2) Covered person.--The term ``covered person'' means--
                    (A) a livestock producer; or
                    (B) an employee of a livestock producer when such 
                employee is actively engaged in livestock production.
            (3) Livestock.--The term ``livestock'' has the meaning 
        given such term in section 602 of the Emergency Livestock Feed 
        Assistance Act of 1988 (7 U.S.C. 1471).
            (4) Livestock producer.--The term ``livestock producer'' 
        has the meaning given such term in section 602 of the Emergency 
        Livestock Feed Assistance Act of 1988 (7 U.S.C. 1471).
            (5) Take.--The term ``take'' means to capture, kill, 
        disperse, or transport.
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