II 

111TH CONGRESS 

1ST SESSION S. 1535 

To amend the Fish and Wildlife Act of 1956 to establish additional 

prohibitions on shooting wildlife from aircraft, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

JULY 29, 2009 

Mrs. FEINSTEIN (for herself and Mr. CARDIN) introduced the following bill; 

which was read twice and referred to the Committee on Environment and 

Public Works 

A BILL 

To amend the Fish and Wildlife Act of 1956 to establish 

additional prohibitions on shooting wildlife from aircraft, 

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 ‘‘Protect America’s 

5 Wildlife Act of 2009’’. 

6 SEC. 2. ADDITIONAL PROHIBITIONS. 

7 Section 13(a) of the Fish and Wildlife Act of 1956 

8 (16 U.S.C. 742j–1(a)) is amended— 

mstockstill on DSKH9S0YB1PROD with BILLS

2 

•S 1535 IS

1 (1) in paragraph (1), by striking ‘‘or’’ after the 

2 semicolon; 

3 (2) in paragraph (2), by striking ‘‘or’’ after the 

4 semicolon; 

5 (3) in paragraph (3), by adding ‘‘or’’ after the 

6 semicolon; and 

7 (4) by inserting after paragraph (3) the fol8 lowing: 

9 ‘‘(4) knowingly violates any regulation promul10 gated under this Act;’’; and 

11 (5) in the matter following paragraph (4) (as 

12 inserted by this section), by striking ‘‘$5,000’’ and 

13 inserting ‘‘$50,000’’. 

14 SEC. 3. EXCEPTIONS TO PROHIBITIONS. 

15 Section 13(b) of the Fish and Wildlife Act of 1956 

16 (16 U.S.C. 742j–1(b)) is amended— 

17 (1) in paragraph (1), by striking ‘‘This section’’ 

18 and inserting ‘‘Subject to paragraph (3), this sec19 tion’’; 

20 (2) in paragraph (2)— 

21 (A) in the matter preceding subparagraph 

22 (A), by striking ‘‘issues a permit referred to in’’ 

23 and inserting ‘‘authorizes an employee, agent, 

24 or person operating under a license or permit to 

25 take an action under’’; 

mstockstill on DSKH9S0YB1PROD with BILLS

3 

•S 1535 IS

1 (B) in subparagraph (A), by striking ‘‘to 

2 whom a permit was issued’’ and inserting ‘‘so 

3 authorized’’; 

4 (C) in subparagraph (B), by striking 

5 ‘‘thereunder’’; 

6 (D) in subparagraph (C), by striking ‘‘to 

7 whom a permit was issued’’; and 

8 (E) in subparagraph (D), by striking 

9 ‘‘issuing the permit’’ and inserting ‘‘authorizing 

10 the action, including the scientific basis for ac11 tions identified in subsection (a) that are war12 ranted to administer or protect or aid in the ad13 ministration or protection of land, water, wild14 life, livestock, domesticated animals, human life, 

15 or crops’’; and 

16 (3) by adding at the end the following: 

17 ‘‘(3) ENHANCING THE PROPAGATION AND SUR18 VIVAL OF WILDLIFE.—No person exempted under 

19 paragraph (1) may shoot, attempt to shoot, or har20 ass any wolf, bear, or wolverine for the purpose of 

21 enhancing the propagation and survival of wildlife, 

22 including game populations, unless— 

23 ‘‘(A) the head of the fish and wildlife agen24 cy of the State and, for game populations on 

25 land under the jurisdiction of the Department 

mstockstill on DSKH9S0YB1PROD with BILLS

4 

•S 1535 IS

1 of the Interior, the Secretary of the Interior, or 

2 for game populations on land under the juris3 diction of the Department of Agriculture, the 

4 Secretary of Agriculture, determines, based on 

5 the best scientific data available, that— 

6 ‘‘(i) a biological emergency is immi7 nent; and 

8 ‘‘(ii) all other practicable means to 

9 prevent the biological emergency, including 

10 stopping regulated takes of the declining 

11 population, have been implemented; 

12 ‘‘(B) the action is carried out— 

13 ‘‘(i) by an officer or employee of— 

14 ‘‘(I) the fish and wildlife agency 

15 of the State; or 

16 ‘‘(II)(aa) for game populations 

17 on land under the jurisdiction of the 

18 Department of the Interior, the De19 partment of the Interior; or 

20 ‘‘(bb) for game populations on 

21 land under the jurisdiction of the De22 partment of Agriculture, the Depart23 ment of Agriculture; and 

mstockstill on DSKH9S0YB1PROD with BILLS

5 

•S 1535 IS

1 ‘‘(ii) only in the specific geographical 

2 area in which the imminent biological 

3 emergency is located; and 

4 ‘‘(C) the action results in the removal of 

5 not more than the minimum number of preda6 tors necessary to prevent the biological emer7 gency. 

8 ‘‘(4) EXCEPTION RELATING TO ACTIONS AU9 THORIZED BY SECRETARY OF THE INTERIOR.—The 

10 Secretary of the Interior may authorize any action 

11 described in subsection (a)— 

12 ‘‘(A) to prevent the extinction of a species 

13 that is listed as a threatened or endangered 

14 species under section 4(c)(1) of the Endangered 

15 Species Act of 1973 (16 U.S.C. 1533(c)(1)); 

16 and 

17 ‘‘(B) if the Secretary of the Interior deter18 mines that there is no other means available to 

19 address the threat of extinction of the species 

20 described in subparagraph (A).’’. 

21 SEC. 4. DEFINITIONS. 

22 Section 13 of the Fish and Wildlife Act of 1956 (16 

23 U.S.C. 742j–1) is amended by striking subsection (c) and 

24 inserting the following: 

25 ‘‘(c) DEFINITIONS.—In this section: 

mstockstill on DSKH9S0YB1PROD with BILLS

6 

•S 1535 IS

1 ‘‘(1) AIRCRAFT.—The term ‘aircraft’ means 

2 any contrivance used for flight in the air. 

3 ‘‘(2) BIOLOGICAL EMERGENCY.—The term ‘bio4 logical emergency’ means the likely extirpation or a 

5 significant and imminent threat to the sustainability 

6 of a wildlife population due to predation by wolves, 

7 bears, or wolverines, or any combination of those 

8 animals. 

9 ‘‘(3) HARASS.—The term ‘harass’ means— 

10 ‘‘(A) chasing or exhausting an animal; and 

11 ‘‘(B) such other activities as are deter12 mined by the Secretary.’’. 

Æ 

mstockstill on DSKH9S0YB1PROD with BILLS