[Congressional Record Volume 155, Number 116 (Wednesday, July 29, 2009)]
[Senate]
[Pages S8274-S8276]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mrs. FEINSTEIN (for herself and Mr. Cardin):
  S. 1535. A bill to amend the Fish and Wildlife Act of 1956 to 
establish additional prohibitions on shooting wildlife from aircraft, 
and for other purposes; to the Committee on Environment and Public 
Works.
  Mrs. FEINSTEIN. Mr. President, I rise today to introduce legislation 
to prevent the cruel and unsportsmanlike practice of hunting from 
airplanes.
  This practice undermines the hunting principle of a fair chase and 
often leads to a slow and painful death for the hunted animals.
  I firmly believe that slaughter must be the very last option when it 
comes

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to wildlife management. Moreover, if slaughter must be carried out, it 
should be done in the most humane method possible.
  In my opinion, allowing private citizens to hunt from airplanes runs 
contrary to this belief.
  Specifically, the Protect America's Wildlife Act closes the loophole 
in current law that allows private citizens to hunt from aircraft. It 
limits airborne hunting to employees of state fish and wildlife 
agencies, the U.S. Department of Agriculture and the Department of the 
Interior.
  It eliminates the practice of ``land-and-shoot'' hunting by 
prohibiting the chasing or exhausting of animals from an aircraft.
  It provides an exception to allow airborne hunting during biological 
emergencies, which is defined as a case where a wildlife population's 
sustainability is significantly threatened by an excess of predators.
  It also ensures that this exception only applies to when it is the 
only way to prevent a biological emergency, and limits the number of 
animals killed to a minimum.
  Finally, it increases fines for violations of the Airborne Hunting 
Act from $5,000 to $50,000.
  It does not preclude States or Federal agencies from carrying out 
responsible wildlife management programs.
  Congress initially passed the Airborne Hunting Act of 1971 as a 
result of the public's reaction to film of this practice broadcast over 
television.
  Currently, a loophole in the Airborne Hunting Act permits States to 
allow private citizens to engage in airborne hunting of wildlife--in 
most cases wolves and bears--under the guise of wildlife management.
  It was clear in the 1970's, as it is now, that airborne hunting is 
inhumane and must be stopped.
  In my opinion, aerial hunting methods are cruel and unnecessary for 
wildlife management--and undermine the principles of sportsmanship.
  Since 2003, more than 1,000 wolves have been killed from the air in 
the State of Alaska. According to the animal welfare group the 
Defenders of Wildlife, more than 250 wolves have been shot dead during 
the current hunting season alone.
  Aerial hunting is typically carried out in one of two ways:
  In the first method, a hunter will shoot the wolf directly from the 
aircraft while flying overhead. This frequently wounds the wolf, 
leading to a slow, painful death.
  In the second method, known as ``land-and-shoot,'' a hunter flying in 
an aircraft will chase the wolf until it is exhausted, land, and kill 
the animal from point-blank range.
  So, I am introducing a bill today to close the airborne hunting 
loophole that allows it to continue.
  This legislation would not impinge on legitimate hunting rights.
  This bill does not prohibit the use of airplanes for transportation. 
A hunter would still be able to legally fly anywhere, anytime, and hunt 
as they otherwise would.
  Further, all other legal methods of transportation or hunting may 
also continue: on foot, by snowmobile, by all-terrain vehicle, etc.
  The State of Alaska, where airborne hunting is more prevalent, argues 
that wolf populations must be limited to support sustainable levels of 
moose and caribou.
  The State continues to carry out airborne hunting by private citizens 
with authority from the State Department of Game, which argues that the 
moose and caribou populations must be increased.
  It is estimated that the State's resident hunters alone contribute 
roughly $662 million annually to the economy. The hunting industry also 
sustains 10,000 jobs.
  With this in mind, it is certainly not my intention to prevent 
Alaska, or any other state for that matter, from maintaining a robust 
hunting and tourism industry.
  This is a balanced bill that will enable states to responsibly manage 
wildlife populations, while banning the most egregious cases of aerial 
hunting by civilians.
  It limits the practice of airborne hunting to employees of State and 
Federal wildlife agencies without impinging on legitimate sport hunting 
practices.
  It is also supported by former members of the Alaska Board of Game 
that agree this practice should be controlled.
  I became concerned about inhumane wildlife management practices due 
to the slaughter of nonnative deer in my own State.
  Beginning in the summer of 2007, the National Park Service began 
culling Axis and Fallow deer at Point Reyes National Seashore near San 
Francisco. This inhumane shooting resulted in a number of deer dying 
slow and painful deaths. Some were left to rot in the Park.
  Hundreds of constituents from the Bay Area raised an outcry about 
this practice and I am pleased that the National Park Service has 
stopped slaughtering the deer.
  In conclusion, this bill prohibits the cruel practice of aerial sport 
hunting, while safeguarding the rights of legitimate hunters and 
allowing States and the Federal Government to maintain responsible 
wildlife management.
  I am certainly open to the suggestions of my colleagues who have 
ideas for improving this legislation and look forward to working with 
them to pass it quickly.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                S. 1535

       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.

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       ``(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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