IB 

Union Calendar No. 293 

112TH CONGRESS 

2D SESSION H. R. 4089 

[Report No. 112–426, Part I] 

To protect and enhance opportunities for recreational hunting, fishing and 

shooting. 

IN THE HOUSE OF REPRESENTATIVES 

FEBRUARY 27, 2012 

Mr. MILLER of Florida (for himself, Mr. BENISHEK, Mr. FLAKE, Mr. YOUNG

of Alaska, Mr. ROSS of Arkansas, Mr. BOREN, Mr. LATTA, and Mr. 

SHULER) introduced the following bill; which was referred to the Committee on Natural Resources, and in addition to the Committees on Agriculture and Energy and Commerce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions 

as fall within the jurisdiction of the committee concerned 

APRIL 13, 2012 

Additional sponsors: Mr. DUNCAN of South Carolina, Mr. TIPTON, Mr. ALTMIRE, Mr. MANZULLO, Mr. FARENTHOLD, Mr. KLINE, Mr. AUSTRIA, Mr. 

SCHWEIKERT, Mr. REHBERG, Mr. QUAYLE, Mr. KISSELL, Mr. BROUN of 

Georgia, Mr. COFFMAN of Colorado, Mr. HANNA, Mr. PALAZZO, Mr. 

HUELSKAMP, Mr. DUNCAN of Tennessee, Mr. WITTMAN, Mr. HUNTER, 

and Mr. ROONEY

APRIL 13, 2012 

Reported from the Committee on Natural Resources with an amendment 

[Strike out all after the enacting clause and insert the part printed in italic] 

APRIL 13, 2012 

The Committees on Agriculture and Energy and Commerce discharged; committed to the Committee of the Whole House on the State of the Union 

and ordered to be printed 

[For text of introduced bill, see copy of bill as introduced on February 27, 2012] 


srobinson on DSK4SPTVN1PROD with BILLS
2 

•HR 4089 RH

A BILL 

To protect and enhance opportunities for recreational 

hunting, fishing and shooting. 


srobinson on DSK4SPTVN1PROD with BILLS
3 

•HR 4089 RH

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Sportsmen’s Heritage Act of 2012’’. 

6 (b) TABLE OF CONTENTS.—The table of contents for 

7 this Act is as follows: 

Sec. 1. Short title; table of contents. 

TITLE I—RECREATIONAL FISHING AND HUNTING HERITAGE AND 

OPPORTUNITIES 

Sec. 101. Short title. 

Sec. 102. Findings. 

Sec. 103. Definition. 

Sec. 104. Recreational fishing, hunting, and shooting. 

TITLE II—RECREATIONAL SHOOTING PROTECTION 

Sec. 201. Short title. 

Sec. 202. Definitions. 

Sec. 203. Recreational shooting. 

TITLE III—POLAR BEAR CONSERVATION AND FAIRNESS 

Sec. 301. Short title. 

Sec. 302. Permits for importation of polar bear trophies taken in sport hunts in 

Canada. 

TITLE IV—HUNTING, FISHING, AND RECREATIONAL SHOOTING 

PROTECTION 

Sec. 401. Short title. 

Sec. 402. Modification of definition. 

8 TITLE I—RECREATIONAL FISH9 ING AND HUNTING HERITAGE 

10 AND OPPORTUNITIES 

11 SEC. 101. SHORT TITLE. 

12 This title may be cited as the ‘‘Recreational Fishing 

13 and Hunting Heritage and Opportunities Act’’. 


srobinson on DSK4SPTVN1PROD with BILLS
4 

•HR 4089 RH

1 SEC. 102. FINDINGS. 

2 Congress finds that— 

3 (1) recreational fishing and hunting are impor4 tant and traditional activities in which millions of 

5 Americans participate; 

6 (2) recreational anglers and hunters have been 

7 and continue to be among the foremost supporters of 

8 sound fish and wildlife management and conservation 

9 in the United States; 

10 (3) recreational fishing and hunting are environ11 mentally acceptable and beneficial activities that 

12 occur and can be provided on Federal public lands 

13 and waters without adverse effects on other uses or 

14 users; 

15 (4) recreational anglers, hunters, and sporting 

16 organizations provide direct assistance to fish and 

17 wildlife managers and enforcement officers of the Fed18 eral Government as well as State and local govern19 ments by investing volunteer time and effort to fish 

20 and wildlife conservation; 

21 (5) recreational anglers, hunters, and the associ22 ated industries have generated billions of dollars of 

23 critical funding for fish and wildlife conservation, re24 search, and management by providing revenues from 

25 purchases of fishing and hunting licenses, permits, 

26 and stamps, as well as excise taxes on fishing, huntVerDate Mar 15 2010 21:30 Apr 13, 2012 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6203 E:\BILLS\H4089.RH H4089

srobinson on DSK4SPTVN1PROD with BILLS
5 

•HR 4089 RH

1 ing, and shooting equipment that have generated bil2 lions of dollars of critical funding for fish and wild3 life conservation, research, and management; 

4 (6) recreational shooting is also an important 

5 and traditional activity in which millions of Ameri6 cans participate, safe recreational shooting is a valid 

7 use of Federal public lands, and participation in rec8 reational shooting helps recruit and retain hunters 

9 and contributes to wildlife conservation; 

10 (7) opportunities to recreationally fish, hunt, 

11 and shoot are declining, which depresses participation 

12 in these traditional activities, and depressed partici13 pation adversely impacts fish and wildlife conserva14 tion and funding for important conservation efforts; 

15 and 

16 (8) the public interest would be served, and our 

17 citizens’ fish and wildlife resources benefitted, by ac18 tion to ensure that opportunities are facilitated to en19 gage in fishing and hunting on Federal public land 

20 as recognized by Executive Order 12962, relating to 

21 recreational fisheries, and Executive Order 13443, re22 lating to facilitation of hunting heritage and wildlife 

23 conservation. 

24 SEC. 103. DEFINITION. 

25 In this title: 


srobinson on DSK4SPTVN1PROD with BILLS
6 

•HR 4089 RH

1 (1) FEDERAL PUBLIC LAND.— 

2 (A) IN GENERAL.—Except as provided in 

3 subparagraph (B), the term ‘‘Federal public 

4 land’’ means any land or water that is— 

5 (i) owned by the United States; and 

6 (ii) managed by a Federal agency (in7 cluding the Department of the Interior and 

8 the Forest Service) for purposes that include 

9 the conservation of natural resources. 

10 (B) EXCLUSION.—The term ‘‘Federal public 

11 land’’ does not include any land or water held 

12 in trust for the benefit of Indians or other Native 

13 Americans. 

14 (2) HUNTING.— 

15 (A) IN GENERAL.—Except as provided in 

16 subparagraph (B), the term ‘‘hunting’’ means 

17 use of a firearm, bow, or other authorized means 

18 in the lawful— 

19 (i) pursuit, shooting, capture, collec20 tion, trapping, or killing of wildlife; or 

21 (ii) attempt to pursue, shoot, capture, 

22 collect, trap, or kill wildlife. 

23 (B) EXCLUSION.—The term ‘‘hunting’’ does 

24 not include the use of skilled volunteers to cull 

25 excess animals (as defined by other Federal law, 


srobinson on DSK4SPTVN1PROD with BILLS
7 

•HR 4089 RH

1 including laws applicable to the National Park 

2 System). 

3 (3) RECREATIONAL FISHING.—The term ‘‘rec4 reational fishing’’ means the lawful— 

5 (A) pursuit, capture, collection, or killing of 

6 fish; or 

7 (B) attempt to capture, collect, or kill fish. 

8 (4) RECREATIONAL SHOOTING.—The term ‘‘rec9 reational shooting’’ means any form of sport, train10 ing, competition, or pastime, whether formal or infor11 mal, that involves the discharge of a rifle, handgun, 

12 or shotgun, or the use of a bow and arrow. 

13 SEC. 104. RECREATIONAL FISHING, HUNTING, AND SHOOT14 ING. 

15 (a) IN GENERAL.—Subject to valid existing rights and 

16 subsection (g), and cooperation with the respective State 

17 and fish and wildlife agency, Federal public land manage18 ment officials shall exercise their authority under existing 

19 law, including provisions regarding land use planning, to 

20 facilitate use of and access to Federal public lands and 

21 waters for fishing, sport hunting, and recreational shooting 

22 except as limited by— 

23 (1) statutory authority that authorizes action or 

24 withholding action for reasons of national security, 

25 public safety, or resource conservation; 


srobinson on DSK4SPTVN1PROD with BILLS
8 

•HR 4089 RH

1 (2) any other Federal statute that specifically 

2 precludes recreational fishing, hunting, or shooting on 

3 specific Federal public lands, waters, or units thereof; 

4 and 

5 (3) discretionary limitations on recreational 

6 fishing, hunting, and shooting determined to be nec7 essary and reasonable as supported by the best sci8 entific evidence and advanced through a transparent 

9 public process. 

10 (b) MANAGEMENT.—Consistent with subsection (a), the 

11 head of each Federal public land management agency shall 

12 exercise its land management discretion— 

13 (1) in a manner that supports and facilitates 

14 recreational fishing, hunting, and shooting opportuni15 ties; 

16 (2) to the extent authorized under applicable 

17 State law; and 

18 (3) in accordance with applicable Federal law. 

19 (c) PLANNING.— 

20 (1) EFFECTS OF PLANS AND ACTIVITIES.— 

21 (A) EVALUATION OF EFFECTS ON OPPORTU22 NITIES TO ENGAGE IN RECREATIONAL FISHING, 

23 HUNTING, OR SHOOTING.—Federal public land 

24 planning documents, including land resources 

25 management plans, resource management plans, 


srobinson on DSK4SPTVN1PROD with BILLS
9 

•HR 4089 RH

1 travel management plans, general management 

2 plans, and comprehensive conservation plans, 

3 shall include a specific evaluation of the effects 

4 of such plans on opportunities to engage in rec5 reational fishing, hunting, or shooting. 

6 (B) NOT MAJOR FEDERAL ACTION.—No ac7 tion taken under this title, or under section 4 of 

8 the National Wildlife Refuge System Adminis9 tration Act of 1966 (16 U.S.C. 668dd), either in10 dividually or cumulatively with other actions in11 volving Federal public lands, shall be considered 

12 to be a major Federal action significantly affect13 ing the quality of the human environment, and 

14 no additional identification, analysis, or consid15 eration of environmental effects, including cumu16 lative effects, is necessary or required. 

17 (C) OTHER ACTIVITY NOT CONSIDERED.— 

18 The fact that recreational fishing, hunting, or 

19 shooting occurs on adjacent or nearby public or 

20 private lands shall not be considered in deter21 mining which Federal public lands are open for 

22 these activities or for setting levels of use for 

23 these activities. 

24 (2) USE OF VOLUNTEERS.—If hunting is prohib25 ited by law, all Federal public land planning docuVerDate Mar 15 2010 21:30 Apr 13, 2012 Jkt 019200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6203 E:\BILLS\H4089.RH H4089

srobinson on DSK4SPTVN1PROD with BILLS
10 

•HR 4089 RH

1 ments of listed in paragraph (1)(A) of an agency 

2 shall, after appropriate coordination with State fish 

3 and wildlife agency, allow the participation of skilled 

4 volunteers in the culling and other management of 

5 wildlife populations on Federal public lands unless 

6 the head of the agency demonstrates, based on the best 

7 scientific data available or applicable Federal stat8 utes, why skilled volunteers shall not be used to con9 trol overpopulations of wildlife on the land that is the 

10 subject of the planning documents. 

11 (d) BUREAU OF LAND MANAGEMENT AND FOREST

12 SERVICE LANDS.— 

13 (1) LANDS OPEN.—Lands under the jurisdiction 

14 of the Bureau of Land Management and the Forest 

15 Service, including lands designated as wilderness or 

16 administratively classified as wilderness eligible or 

17 suitable and primitive or semi-primitive areas but ex18 cluding lands on the Outer Continental Shelf, shall be 

19 open to recreational fishing, hunting, and shooting 

20 unless the managing Federal agency acts to close 

21 lands to such activity. Lands may be subject to clo22 sures or restrictions if determined by the head of the 

23 agency to be necessary and reasonable and supported 

24 by facts and evidence, for purposes including resource 

25 conservation, public safety, energy or mineral producVerDate Mar 15 2010 21:30 Apr 13, 2012 Jkt 019200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6203 E:\BILLS\H4089.RH H4089

srobinson on DSK4SPTVN1PROD with BILLS
11 

•HR 4089 RH

1 tion, energy generation or transmission infrastruc2 ture, water supply facilities, protection of other per3 mittees, protection of private property rights or inter4 ests, national security, or compliance with other law. 

5 The head of the agency shall publish public notice of 

6 such closure or restriction before it is effective, unless 

7 the closure or restriction is mandated by other law. 

8 (2) SHOOTING RANGES.— 

9 (A) IN GENERAL.—The head of each Federal 

10 agency— 

11 (i) may lease its lands for shooting 

12 ranges; and 

13 (ii) may designate specific lands for 

14 recreational shooting activities. 

15 (B) LIMITATION ON LIABILITY.—Any des16 ignation under subparagraph (A)(ii) shall not 

17 subject the United States to any civil action or 

18 claim for monetary damages for injury or loss of 

19 property or personal injury or death caused by 

20 any activity occurring at or on such designated 

21 lands. 

22 (e) NECESSITY IN WILDERNESS AREAS.— 

23 (1) The provision of opportunities for hunting, 

24 fishing and recreational shooting, and the conserva25 tion of fish and wildlife to provide sustainable use 


srobinson on DSK4SPTVN1PROD with BILLS
12 

•HR 4089 RH

1 recreational opportunities on designated wilderness 

2 areas on Federal public lands shall constitute meas3 ures necessary to meet the minimum requirements for 

4 the administration of the wilderness area. 

5 (2) The ‘‘within and supplemental to’’ Wilder6 ness purposes, as provided in Public Law 88–577, 

7 section 4(c), means that any requirements imposed by 

8 that Act shall be implemented only insofar as they fa9 cilitate or enhance the original or primary purpose or 

10 purposes for which the Federal public lands or Fed11 eral public land unit was established and do not ma12 terially interfere with or hinder such purpose or pur13 poses. 

14 (f) ANNUAL REPORT.— 

15 (1) IN GENERAL.—Not later than October 1 of 

16 each year, the head of each Federal agency who has 

17 authority to manage Federal public land on which 

18 fishing, hunting, or recreational shooting occurs shall 

19 publish in the Federal Register and submit to the 

20 Committee on Natural Resources of the House of Rep21 resentatives and the Committee on Energy and Nat22 ural Resources of the Senate a report that describes— 

23 (A) any Federal public land administered 

24 by the agency head that was closed to recVerDate Mar 15 2010 21:30 Apr 13, 2012 Jkt 019200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6203 E:\BILLS\H4089.RH H4089

srobinson on DSK4SPTVN1PROD with BILLS
13 

•HR 4089 RH

1 reational fishing, sport hunting, or shooting at 

2 any time during the preceding year; and 

3 (B) the reason for the closure. 

4 (2) CLOSURES OR SIGNIFICANT RESTRICTIONS OF

5 640 OR MORE ACRES.— 

6 (A) IN GENERAL.—Other than closures 

7 under subsection (c), the withdrawal, any change 

8 of classification, or any change of management 

9 status that effectively closes or significantly re10 stricts 640 or more contiguous acres of Federal 

11 public land or water to access or use for fishing 

12 or hunting or activities related to fishing and 

13 hunting (or both) shall take effect only if, before 

14 the date of withdrawal or change, the head of the 

15 Federal agency that has jurisdiction over the 

16 Federal public land or water— 

17 (i) publishes notice of the closure, with18 drawal, or significant restriction; 

19 (ii) demonstrates that coordination has 

20 occurred with a State fish and wildlife 

21 agency; and 

22 (iii) submits to the Committee on Nat23 ural Resources of the House of Representa24 tives and the Committee on Energy and 

25 Natural Resources of the Senate written noVerDate Mar 15 2010 21:30 Apr 13, 2012 Jkt 019200 PO 00000 Frm 00013 Fmt 6652 Sfmt 6203 E:\BILLS\H4089.RH H4089

srobinson on DSK4SPTVN1PROD with BILLS
14 

•HR 4089 RH

1 tice of the withdrawal, change, or signifi2 cant restriction. 

3 (B) AGGREGATE OR CUMULATIVE EF4 FECTS.—If the aggregate or cumulative effect of 

5 small closures or significant restrictions affects 

6 640 or more acres, such small closures or signifi7 cant restrictions shall be subject to these require8 ments. 

9 (g) AREAS NOT AFFECTED.—Nothing in this title re10 quires the opening of national park or national monuments 

11 under the jurisdiction of the National Park Service to hunt12 ing or recreational shooting. 

13 (h) NO PRIORITY.—Nothing in this title requires a 

14 Federal agency to give preference to recreational fishing, 

15 hunting, or shooting over other uses of Federal public land 

16 or over land or water management priorities established by 

17 Federal law. 

18 (i) CONSULTATION WITH COUNCILS.—In fulfilling the 

19 duties set forth in this title, the heads of Federal agencies 

20 shall consult with respective advisory councils as established 

21 in Executive Orders 12962 and 13443. 

22 (j) AUTHORITY OF THE STATES.— 

23 (1) IN GENERAL.—Nothing in this title shall be 

24 construed as interfering with, diminishing, or con25 flicting with the authority, jurisdiction, or responsiVerDate Mar 15 2010 21:30 Apr 13, 2012 Jkt 019200 PO 00000 Frm 00014 Fmt 6652 Sfmt 6203 E:\BILLS\H4089.RH H4089

srobinson on DSK4SPTVN1PROD with BILLS
15 

•HR 4089 RH

1 bility of any State to manage, control, or regulate fish 

2 and wildlife under State law (including regulations) 

3 on land or water within the State, including on Fed4 eral public land. 

5 (2) FEDERAL LICENSES.—Nothing in this title 

6 authorizes the head of a Federal agency head to re7 quire a license or permit to fish, hunt, or trap on 

8 land or water in a State, including on Federal public 

9 land in the States, except that this paragraph shall 

10 not affect the Migratory Bird Stamp requirement set 

11 forth in the Migratory Bird Hunting and Conserva12 tion Stamp Act (16 U.S.C. 718 et seq.). 

13 TITLE II—RECREATIONAL 

14 SHOOTING PROTECTION 

15 SEC. 201. SHORT TITLE. 

16 This title may be cited as the ‘‘Recreational Shooting 

17 Protection Act’’. 

18 SEC. 202. DEFINITIONS. 

19 In this title: 

20 (1) DIRECTOR.—The term ‘‘Director’’ means the 

21 Director of the Bureau of Land Management. 

22 (2) NATIONAL MONUMENT LAND.—The term ‘‘Na23 tional Monument land’’ has the meaning given that 

24 term in the Act of June 8, 1908 (commonly known as 

25 the ‘‘Antiquities Act’’; 16 U.S.C. 431 et seq.). 


srobinson on DSK4SPTVN1PROD with BILLS
16 

•HR 4089 RH

1 (3) RECREATIONAL SHOOTING.—The term ‘‘rec2 reational shooting’’ includes any form of sport, train3 ing, competition, or pastime, whether formal or infor4 mal, that involves the discharge of a rifle, handgun, 

5 or shotgun, or the use of a bow and arrow. 

6 SEC. 203. RECREATIONAL SHOOTING. 

7 (a) IN GENERAL.—Subject to valid existing rights, Na8 tional Monument land under the jurisdiction of the Bureau 

9 of Land Management shall be open to access and use for 

10 recreational shooting, except such closures and restrictions 

11 determined by the Director to be necessary and reasonable 

12 and supported by facts and evidence for one or more of the 

13 following: 

14 (1) Reasons of national security. 

15 (2) Reasons of public safety. 

16 (3) To comply with an applicable Federal stat17 ute. 

18 (4) To comply with a law (including regula19 tions) of the State in which the National Monument 

20 land is located that is applicable to recreational 

21 shooting. 

22 (b) NOTICE; REPORT.— 

23 (1) REQUIREMENT.—Except as set forth in para24 graph (2)(B), before a restriction or closure under 

25 subsection (a) is made effective, the Director shall— 


srobinson on DSK4SPTVN1PROD with BILLS
17 

•HR 4089 RH

1 (A) publish public notice of such closure or 

2 restriction in a newspaper of general circulation 

3 in the area where the closure or restriction will 

4 be carried out; and 

5 (B) submit to Congress a report detailing 

6 the location and extent of, and evidence justi7 fying, such a closure or restriction. 

8 (2) TIMING.—The Director shall issue the notice 

9 and report required under paragraph (1)— 

10 (A) before the closure if practicable without 

11 risking national security or public safety; and 

12 (B) in cases where such issuance is not 

13 practicable for reasons of national security or 

14 public safety, not later than 30 days after the 

15 closure. 

16 (c) CESSATION OF CLOSURE OR RESTRICTION.—A clo17 sure or restriction under paragraph (1) or (2) of subsection 

18 (a) shall cease to be effective— 

19 (1) effective on the day after the last day of the 

20 six-month period beginning on the date on which the 

21 Director submitted the report to Congress under sub22 section (b)(2) regarding the closure or restriction, un23 less the closure or restriction has been approved by 

24 Federal law; and 


srobinson on DSK4SPTVN1PROD with BILLS
18 

•HR 4089 RH

1 (2) 30 days after the date of the enactment of a 

2 Federal law disapproving the closure or restriction. 

3 (d) MANAGEMENT.—Consistent with subsection (a), the 

4 Director shall manage National Monument land under the 

5 jurisdiction of the Bureau of Land Management— 

6 (1) in a manner that supports, promotes, and 

7 enhances recreational shooting opportunities; 

8 (2) to the extent authorized under State law (in9 cluding regulations); and 

10 (3) in accordance with applicable Federal law 

11 (including regulations). 

12 (e) LIMITATION ON DUPLICATIVE CLOSURES OR RE13 STRICTIONS.—Unless supported by criteria under sub14 section (a) as a result of a change in circumstances, the 

15 Director may not issue a closure or restriction under sub16 section (a) that is substantially similar to closure or restric17 tion previously issued that was not approved by Federal 

18 law. 

19 (f) EFFECTIVE DATE FOR PRIOR CLOSURES AND RE20 STRICTIONS.—On the date that is six months after the date 

21 of the enactment of this Act, this title shall apply to closures 

22 and restrictions in place on the date of the enactment of 

23 this title that relate to access and use for recreational shoot24 ing on National Monument land under the jurisdiction of 

25 the Bureau of Land Management. 


srobinson on DSK4SPTVN1PROD with BILLS
19 

•HR 4089 RH

1 (g) ANNUAL REPORT.—Not later than October 1 of 

2 each year, the Director shall submit to the Committee on 

3 Natural Resources of the House of Representatives and the 

4 Committee on Energy and Natural Resources of the Senate 

5 a report that describes— 

6 (1) any National Monument land under the ju7 risdiction of the Bureau of Land Management that 

8 was closed to recreational shooting or on which rec9 reational shooting was restricted at any time during 

10 the preceding year; and 

11 (2) the reason for the closure. 

12 (h) NO PRIORITY.—Nothing in this title requires the 

13 Director to give preference to recreational shooting over 

14 other uses of Federal public land or over land or water man15 agement priorities established by Federal law. 

16 (i) AUTHORITY OF THE STATES.— 

17 (1) SAVINGS.—Nothing in this title affects the 

18 authority, jurisdiction, or responsibility of a State to 

19 manage, control, or regulate fish and wildlife under 

20 State law (including regulations) on land or water in 

21 the State, including Federal public land. 

22 (2) FEDERAL LICENSES.—Nothing in this title 

23 authorizes the Director to require a license for rec24 reational shooting on land or water in a State, in25 cluding on Federal public land in the State. 


srobinson on DSK4SPTVN1PROD with BILLS
20 

•HR 4089 RH

1 TITLE III—POLAR BEAR 

2 CONSERVATION AND FAIRNESS 

3 SEC. 301. SHORT TITLE. 

4 This title may be cited as the ‘‘Polar Bear Conserva5 tion and Fairness Act of 2012’’. 

6 SEC. 302. PERMITS FOR IMPORTATION OF POLAR BEAR 

7 TROPHIES TAKEN IN SPORT HUNTS IN CAN8 ADA. 

9 Section 104(c)(5)(D) of the Marine Mammal Protec10 tion Act of 1972 (16 U.S.C. 1374(c)(5)(D)) is amended to 

11 read as follows: 

12 ‘‘(D)(i) The Secretary of the Interior shall, expe13 ditiously after the expiration of the applicable 30-day 

14 period under subsection (d)(2), issue a permit for the 

15 importation of any polar bear part (other than an in16 ternal organ) from a polar bear taken in a sport hunt 

17 in Canada to any person— 

18 ‘‘(I) who submits, with the permit applica19 tion, proof that the polar bear was legally har20 vested by the person before February 18, 1997; or 

21 ‘‘(II) who has submitted, in support of a 

22 permit application submitted before May 15, 

23 2008, proof that the polar bear was legally har24 vested by the person before May 15, 2008, from 

25 a polar bear population from which a sportVerDate Mar 15 2010 21:30 Apr 13, 2012 Jkt 019200 PO 00000 Frm 00020 Fmt 6652 Sfmt 6203 E:\BILLS\H4089.RH H4089

srobinson on DSK4SPTVN1PROD with BILLS
21 

•HR 4089 RH

1 hunted trophy could be imported before that date 

2 in accordance with section 18.30(i) of title 50, 

3 Code of Federal Regulations. 

4 ‘‘(ii) The Secretary shall issue permits under 

5 clause (i)(I) without regard to subparagraphs (A) and 

6 (C)(ii) of this paragraph, subsection (d)(3), and sec7 tions 101 and 102. Sections 101(a)(3)(B) and 

8 102(b)(3) shall not apply to the importation of any 

9 polar bear part authorized by a permit issued under 

10 clause (i)(I). This clause shall not apply to polar bear 

11 parts that were imported before June 12, 1997. 

12 ‘‘(iii) The Secretary shall issue permits under 

13 clause (i)(II) without regard to subparagraph (C)(ii) 

14 of this paragraph or subsection (d)(3). Sections 

15 101(a)(3)(B) and 102(b)(3) shall not apply to the im16 portation of any polar bear part authorized by a per17 mit issued under clause (i)(II). This clause shall not 

18 apply to polar bear parts that were imported before 

19 the date of enactment of the Polar Bear Conservation 

20 and Fairness Act of 2012.’’. 


srobinson on DSK4SPTVN1PROD with BILLS
22 

•HR 4089 RH

1 TITLE IV—HUNTING, FISHING, 

2 AND RECREATIONAL SHOOT3 ING PROTECTION 

4 SEC. 401. SHORT TITLE. 

5 This title may be cited as the ‘‘Hunting, Fishing, and 

6 Recreational Shooting Protection Act’’. 

7 SEC. 402. MODIFICATION OF DEFINITION. 

8 Section 3(2)(B) of the Toxic Substances Control Act 

9 (15 U.S.C. 2602(2)(B)) is amended— 

10 (1) in clause (v), by striking ‘‘, and’’ and insert11 ing ‘‘, or any component of any such article includ12 ing, without limitation, shot, bullets and other projec13 tiles, propellants, and primers,’’; 

14 (2) in clause (vi) by striking the period at the 

15 end and inserting ‘‘, and’’; and 

16 (3) by inserting after clause (vi) the following: 

17 ‘‘(vii) any sport fishing equipment (as 

18 such term is defined in subparagraph (a) of 

19 section 4162 of the Internal Revenue Code 

20 of 1986) the sale of which is subject to the 

21 tax imposed by section 4161(a) of such Code 

22 (determined without regard to any exemp23 tions from such tax as provided by section 

24 4162 or 4221 or any other provision of such 


srobinson on DSK4SPTVN1PROD with BILLS
23 

•HR 4089 RH

1 Code), and sport fishing equipment compo2 nents.’’. 


srobinson on DSK4SPTVN1PROD with BILLS
Union Calendar No. 293 

112TH CONGRESS 

2D SESSION H. R. 4089 

[Report No. 112–426, Part I] 

A BILL 

To protect and enhance opportunities for 

recreational hunting, fishing and shooting. 

APRIL 13, 2012 

Reported from the Committee on Natural Resources with 

A

an amendment 

PRIL 13, 2012 

The Committees on Agriculture and Energy and Comto be printed Whole House on the State of the Union and ordered merce discharged; committed to the Committee of the 


srobinson on DSK4SPTVN1PROD with BILLS