I 

118TH CONGRESS 

1ST SESSION H. R. 4939 

To authorize livestock producers and their employees to take crested caracaras 

in order to prevent the death of or injury or destruction to livestock, 

and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JULY 26, 2023 

Mr. PFLUGER (for himself and Mr. CUELLAR) introduced the following bill; 

which was referred to the Committee on Natural Resources 

A BILL 

To authorize livestock producers and their employees to take 

crested caracaras in order to prevent the death of or 

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. AUTHORIZATION FOR LIVESTOCK PRODUCERS 

4 AND THEIR EMPLOYEES TO TAKE CERTAIN 

5 CRESTED CARACARAS. 

6 (a) IN GENERAL.—Notwithstanding any provision of 

7 the Migratory Bird Treaty Act (16 U.S.C. 703 et seq.), 

8 a covered person may— 


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1 (1) take or attempt to take a crested caracara 

2 that is causing, or that the covered person has a 

3 reasonable belief will cause, the death of or injury or 

4 destruction to livestock; or 

5 (2) in the course of taking or attempting to 

6 take a crested caracara described in paragraph (1), 

7 cause injury to such crested caracara. 

8 (b) REPORTING REQUIREMENTS.—Not later than 

9 January 31 of each year, a covered person that takes a 

10 crested caracara pursuant to subsection (a) in the pre11 ceding 12-month period shall complete and submit to the 

12 appropriate United States Fish and Wildlife Service Re13 gional Office (as determined by the geographic jurisdic14 tions described in section 2.2 of title 50, Code of Federal 

15 Regulations, or any successor regulation) an annual report 

16 using the form developed under subsection (c). 

17 (c) ISSUANCE OF FORM.—Not later than 180 days 

18 after the date of the enactment of this section, the Direc19 tor of the United States Fish and Wildlife Service shall 

20 make available on the website of the United States Fish 

21 and Wildlife Service such reporting form as the Director 

22 determines appropriate for the purposes of taking reports 

23 under subsection (b). Such form may not be more onerous 

24 to complete than similar forms for permitted take under 


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1 the Migratory Bird Treaty Act (16 U.S.C. 703 et seq.) 

2 required as of the date of the enactment of this section. 

3 (d) DEFINITIONS.—In this section: 

4 (1) CRESTED CARACARA.—The term ‘‘crested 

5 caracara’’ means a bird of the species Caracara 

6 cheriway. 

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 such employee is actively engaged in live12 stock production. 

13 (3) LIVESTOCK.—The term ‘‘livestock’’ has the 

14 meaning given such term in section 602 of the 

15 Emergency Livestock Feed Assistance Act of 1988 

16 (7 U.S.C. 1471). 

17 (4) LIVESTOCK PRODUCER.—The term ‘‘live18 stock producer’’ has the meaning given such term in 

19 section 602 of the Emergency Livestock Feed As20 sistance Act of 1988 (7 U.S.C. 1471). 

21 (5) TAKE.—The term ‘‘take’’ means to capture, 

22 kill, disperse, or transport. 

Æ 


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