[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 3358 Introduced in Senate (IS)]

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118th CONGRESS
  1st Session
                                S. 3358

  To authorize livestock producers and their employees to take black 
vultures to prevent death, injury, or destruction to livestock, and for 
                            other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           November 29, 2023

Mr. Mullin (for himself, Mrs. Hyde-Smith, Mr. Tuberville, Mr. Hagerty, 
 Mr. Rubio, Mr. Scott of Florida, Mrs. Britt, Mr. Marshall, Mr. Cruz, 
and Mr. Wicker) introduced the following bill; which was read twice and 
       referred to the Committee on Environment and Public Works

_______________________________________________________________________

                                 A BILL


 
  To authorize livestock producers and their employees to take black 
vultures to prevent death, 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. SHORT TITLE.

    This Act may be cited as the ``Black Vulture Relief Act of 2023''.

SEC. 2. AUTHORIZATION FOR LIVESTOCK PRODUCERS AND THEIR EMPLOYEES TO 
              TAKE CERTAIN BLACK VULTURES.

    (a) Definitions.--In this section:
            (1) Black vulture.--The term ``black vulture'' means a bird 
        of the species Coragyps atratus.
            (2) Covered person.--The term ``covered person'' means--
                    (A) a livestock producer; or
                    (B) an employee of a livestock producer when the 
                employee is actively engaged in livestock production.
            (3) Director.--The term ``Director'' means the Director of 
        the United States Fish and Wildlife Service.
            (4) Livestock.--The term ``livestock'' has the meaning 
        given the term in section 602 of the Emergency Livestock Feed 
        Assistance Act of 1988 (7 U.S.C. 1471).
            (5) Livestock producer.--The term ``livestock producer'' 
        has the meaning given the term in section 602 of the Emergency 
        Livestock Feed Assistance Act of 1988 (7 U.S.C. 1471).
            (6) Take.--The term ``take'' means--
                    (A) to capture, kill, or disperse a black vulture; 
                or
                    (B) to transport a black vulture carcass.
    (b) Authorization.--
            (1) In general.--Subject to paragraph (2), notwithstanding 
        the Migratory Bird Treaty Act (16 U.S.C. 703 et seq.), a 
        covered person may--
                    (A) take or attempt to take a black vulture that is 
                causing, or that the covered person has a reasonable 
                belief will cause, death, injury, or destruction to 
                livestock; or
                    (B) in the course of taking or attempting to take a 
                black vulture described in subparagraph (A), cause 
                injury to the black vulture.
            (2) Prohibition.--A covered person may not take or attempt 
        to take a black vulture through the use of poison.
    (c) Reports.--
            (1) In general.--Not later than January 31 of each year, a 
        covered person that takes a black vulture in accordance with 
        subsection (b) 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 a successor regulation)) an annual 
        report using the form developed by the Director under 
        subsection (d).
            (2) Clarification.--A covered person shall not be required 
        to submit a report under paragraph (1) until after the date on 
        which the Director develops and makes available the reporting 
        form under subsection (d).
    (d) Reporting Forms.--
            (1) In general.--Subject to paragraph (2), not later than 
        180 days after the date of enactment of this Act, the Director 
        shall develop and make available on the website of the United 
        States Fish and Wildlife Service a reporting form the Director 
        determines appropriate for the purposes of accepting reports 
        under subsection (c).
            (2) Format.--The form developed and made available under 
        paragraph (1) may not be more onerous to complete than similar 
        forms required for permitted take under the Migratory Bird 
        Treaty Act (16 U.S.C. 703 et seq.) as of the date of enactment 
        of this Act.
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