II 

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. 

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. 

4 This Act may be cited as the ‘‘Black Vulture Relief 

5 Act of 2023’’. 


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•S 3358 IS

1 SEC. 2. AUTHORIZATION FOR LIVESTOCK PRODUCERS AND 

2 THEIR EMPLOYEES TO TAKE CERTAIN BLACK 

3 VULTURES. 

4 (a) DEFINITIONS.—In this section: 

5 (1) BLACK VULTURE.—The term ‘‘black vul6 ture’’ means a bird of the species Coragyps atratus. 

7 (2) COVERED PERSON.—The term ‘‘covered 

8 person’’ means— 

9 (A) a livestock producer; or 

10 (B) an employee of a livestock producer 

11 when the employee is actively engaged in live12 stock production. 

13 (3) DIRECTOR.—The term ‘‘Director’’ means 

14 the Director of the United States Fish and Wildlife 

15 Service. 

16 (4) LIVESTOCK.—The term ‘‘livestock’’ has the 

17 meaning given the term in section 602 of the Emer18 gency Livestock Feed Assistance Act of 1988 (7 

19 U.S.C. 1471). 

20 (5) LIVESTOCK PRODUCER.—The term ‘‘live21 stock producer’’ has the meaning given the term in 

22 section 602 of the Emergency Livestock Feed As23 sistance Act of 1988 (7 U.S.C. 1471). 

24 (6) TAKE.—The term ‘‘take’’ means— 

25 (A) to capture, kill, or disperse a black vul26 ture; or 


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1 (B) to transport a black vulture carcass. 

2 (b) AUTHORIZATION.— 

3 (1) IN GENERAL.—Subject to paragraph (2), 

4 notwithstanding the Migratory Bird Treaty Act (16 

5 U.S.C. 703 et seq.), a covered person may— 

6 (A) take or attempt to take a black vulture 

7 that is causing, or that the covered person has 

8 a reasonable belief will cause, death, injury, or 

9 destruction to livestock; or 

10 (B) in the course of taking or attempting 

11 to take a black vulture described in subpara12 graph (A), cause injury to the black vulture. 

13 (2) PROHIBITION.—A covered person may not 

14 take or attempt to take a black vulture through the 

15 use of poison. 

16 (c) REPORTS.— 

17 (1) IN GENERAL.—Not later than January 31 

18 of each year, a covered person that takes a black 

19 vulture in accordance with subsection (b) in the pre20 ceding 12-month period shall complete and submit 

21 to the appropriate United States Fish and Wildlife 

22 Service Regional Office (as determined by the geo23 graphic jurisdictions described in section 2.2 of title 

24 50, Code of Federal Regulations (or a successor regVerDate Sep 11 2014 03:11 Nov 30, 2023 Jkt 049200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S3358.IS S3358

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1 ulation)) an annual report using the form developed 

2 by the Director under subsection (d). 

3 (2) CLARIFICATION.—A covered person shall 

4 not be required to submit a report under paragraph 

5 (1) until after the date on which the Director devel6 ops and makes available the reporting form under 

7 subsection (d). 

8 (d) REPORTING FORMS.— 

9 (1) IN GENERAL.—Subject to paragraph (2), 

10 not later than 180 days after the date of enactment 

11 of this Act, the Director shall develop and make 

12 available on the website of the United States Fish 

13 and Wildlife Service a reporting form the Director 

14 determines appropriate for the purposes of accepting 

15 reports under subsection (c). 

16 (2) FORMAT.—The form developed and made 

17 available under paragraph (1) may not be more on18 erous to complete than similar forms required for 

19 permitted take under the Migratory Bird Treaty Act 

20 (16 U.S.C. 703 et seq.) as of the date of enactment 

21 of this Act. 

Æ 


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