(1) by striking ‘‘or’’ after the semicolon at the 
end of each of paragraphs (1) and (2); 
(2) by striking paragraph (3) and inserting the 
following: 
‘‘(3) shoots or attempts to shoot any bird, fish, 
or other animal before 3:00 a.m. following a day on 
which the person has traveled by aircraft other than 
on a regularly scheduled commercial aircraft; 
‘‘(4) knowingly participates in using an aircraft 
for any purpose referred to in paragraph (1), (2), or 
(3); or 
‘‘(5) knowingly violates any regulation issued 
under this Act;’’; and 
(3) in the matter following paragraph (5) (as 
added by this section) by striking ‘‘$5,000’’ and in-
serting ‘‘$50,000’’. 
SEC. 3. EXCEPTIONS TO PROHIBITIONS. 
Section 13(b) of the Fish and Wildlife Act of 1956 
(16 U.S.C. 742j–1(b)) is amended by adding at the end 
the following: 
‘‘(3) Except as provided in paragraph (5), a State 
may not authorize or undertake any action otherwise pro-
hibited under this Act, for the purpose of increasing any 
game population or for the purpose of sport hunting. 
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‘‘(4) Notwithstanding subsection (a), a State may 
shoot any wolf, bear, or other predator from an aircraft 
to prevent a biological emergency, if— 
‘‘(A) the head of the State’s fish and wildlife 
agency determines, based on the best scientific data 
available, that a biological emergency is imminent 
and there is no other means available to eliminate 
the biological emergency; 
‘‘(B) the shooting is conducted by an officer or 
employee of the State fish and wildlife agency or of 
the United States Department of Agriculture; 
‘‘(C) the shooting occurs only in the specific 
geographical area where the biological emergency ex-
ists; and 
‘‘(D) the shooting removes only the minimum 
number of predators necessary to eliminate the bio-
logical emergency. 
‘‘(5) The Secretary of the Interior may authorize an 
action that is referred to in paragraph (1) to prevent the 
extinction of any species that is listed as an endangered 
species or threatened species under section 4(c) of the En-
dangered Species Act of 1973 (16 U.S.C. 1533(c)), if the 
Secretary determines that there is no other means avail-
able to address the threat of extinction.’’. 
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SEC. 4. DEFINITION OF BIOLOGICAL EMERGENCY. 
Section 13(c) of the Fish and Wildlife Act of 1956 
(16 U.S.C. 742j–1(c)) is amended to read as follows: 
‘‘(c) As used in this section: 
‘‘(1) The term ‘aircraft’ means any contrivance 
used for flight in the air. 
‘‘(2) The term ‘biological emergency’ means an 
irreversible decline in a wildlife population caused by 
a predator population.’’. 
SEC. 5. CITIZEN SUITS. 
Section 13 of the Fish and Wildlife Act of 1956 (16 
U.S.C. 742j–1) is amended by adding at the end the fol-
lowing: 
‘‘(g) Any person may commence a civil action on the 
person’s own behalf— 
‘‘(1) against any person, including the United 
States and any other governmental instrumentality 
or agency, to the extent permitted by the eleventh 
amendment to the Constitution, who is alleged to be 
in violation of this Act; or 
‘‘(2) against the Secretary if there is alleged a 
failure of the Secretary to perform any act or duty 
under this Act that is not discretionary with the 
Secretary.’’. 
Æ 
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