I 

115TH CONGRESS 

2D SESSION H. R. 5690 

To amend the Endangered Species Act of 1973 to prohibit the taking for 

a trophy of any endangered or threatened species of fish or wildlife 

in the United States and the importation of endangered and threatened 

species trophies into the United States, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 7, 2018 

Ms. JACKSON LEE (for herself, Mr. TED LIEU of California, Ms. NORTON, 

and Mr. MCNERNEY) introduced the following bill; which was referred to 

the Committee on Natural Resources 

A BILL 

To amend the Endangered Species Act of 1973 to prohibit 

the taking for a trophy of any endangered or threatened 

species of fish or wildlife in the United States and the 

importation of endangered and threatened species trophies into the United States, 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 ‘‘Prohibiting Threat5 ened and Endangered Creature Trophies Act of 2018’’ or 

6 the ‘‘ProTECT Act of 2018’’. 


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1 SEC. 2. FINDINGS. 

2 The Congress finds the following: 

3 (1) Trophy hunting of imperiled species under4 mines efforts to conserve wildlife populations be5 cause trophy hunters routinely target the biggest, 

6 strongest males, and removing those individuals 

7 from the population can decrease genetic variation, 

8 decrease reproduction, alter social structures, in9 crease infanticide, and cause unnatural evolutionary 

10 impacts. 

11 (2) When trophy hunting of imperiled species is 

12 sanctioned, poaching activity increases, further 

13 threatening the survival of wildlife populations. 

14 (3) Legal trade in wildlife parts and products 

15 can provide cover for markets for illegal trade in 

16 wildlife products, which is worth up to 

17 $20,000,000,000 annually and run by professional 

18 criminal networks linked to other transnational orga19 nized criminal activities, including trafficking in nar20 cotics, weapons, and humans. 

21 (4) While the Endangered Species Act of 1973 

22 (16 U.S.C. 1531 et seq.) currently prohibits the take 

23 and import of species listed under that Act as en24 dangered species, it does not automatically extend 

25 those protections to species listed as threatened spe26 cies. 


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1 SEC. 3. PROHIBITIONS REGARDING TAKING AND IMPORT2 ING OF ENDANGERED SPECIES AND THREAT3 ENED SPECIES TROPHIES. 

4 (a) PROHIBITION OF TAKING OR IMPORTING.—Sec5 tion 9 of the Endangered Species Act of 1973 (16 U.S.C. 

6 1538) is amended by adding at the end the following: 

7 ‘‘(h) TROPHIES.—It is unlawful for any person sub8 ject to the jurisdiction of the United States— 

9 ‘‘(1) to take for a trophy within the United 

10 States or the territorial sea of the United States any 

11 species of fish or wildlife listed under section 4 as 

12 a threatened species; or 

13 ‘‘(2) to import into the United States any tro14 phy of any species of fish or wildlife listed under sec15 tion 4 as a threatened species.’’. 

16 (b) PROHIBITION OF PERMITS.—Section 10(a) of the 

17 Endangered Species Act of 1973 (16 U.S.C. 1539(a)) is 

18 amended— 

19 (1) in paragraph (1), by striking ‘‘The Sec20 retary may permit’’ and inserting ‘‘Except as other21 wise provided in this subsection, the Secretary may 

22 permit’’; and 

23 (2) by adding at the end the following: 

24 ‘‘(3) The Secretary may not permit— 

25 ‘‘(A) taking for a trophy any species of fish or 

26 wildlife listed under section 4; or 


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1 ‘‘(B) importing into the United States any tro2 phy of any species of fish or wildlife listed under sec3 tion 4, notwithstanding section 9(b).’’. 

4 (c) ANTIQUES.—Section 10(h)(1) of the Endangered 

5 Species Act of 1973 (16 U.S.C. 1539(h)(1)) is amended 

6 by striking ‘‘Sections 4(d), 9(a), and 9(c) do not apply’’ 

7 and inserting ‘‘Sections 4(d), 9(a), 9(c), and 9(h)(2) do 

8 not apply’’. 

9 (d) DEFINITION.—Section 3 of the Endangered Spe10 cies Act of 1973 (16 U.S.C. 1532) is amended— 

11 (1) by redesignating paragraph (21) as para12 graph (22); and 

13 (2) by inserting after paragraph (20) the fol14 lowing: 

15 ‘‘(21) The term ‘trophy’ means a whole dead 

16 animal, or a readily recognizable part or derivative 

17 of an animal, that— 

18 ‘‘(A) is raw, processed, or manufactured; 

19 and 

20 ‘‘(B) was obtained under a hunting license 

21 or other authorization issued by any State, for22 eign government, or private landowner.’’. 

Æ 


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