118 HR 4939 IH: 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. U.S. House of Representatives 2023-07-26 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I118th CONGRESS1st SessionH. R. 4939IN THE HOUSE OF REPRESENTATIVESJuly 26, 2023Mr. Pfluger (for himself and Mr. Cuellar) introduced the following bill; which was referred to the Committee on Natural ResourcesA BILLTo 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.

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.