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. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. AUTHORIZATION FOR LIVESTOCK PRODUCERS 
AND THEIR EMPLOYEES TO TAKE CERTAIN 
CRESTED CARACARAS. 
(a) IN GENERAL.—Notwithstanding any provision of 
the Migratory Bird Treaty Act (16 U.S.C. 703 et seq.), 
a covered person may— 
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(1) take or attempt to take a crested caracara 
that is causing, or that the covered person has a 
reasonable belief will cause, the death of or injury or 
destruction to livestock; or 
(2) in the course of taking or attempting to 
take a crested caracara described in paragraph (1), 
cause injury to such crested caracara. 
(b) REPORTING REQUIREMENTS.—Not later than 
January 31 of each year, a covered person that takes a 
crested caracara pursuant to subsection (a) in the pre-
ceding 12-month period shall complete and submit to the 
appropriate United States Fish and Wildlife Service Re-
gional Office (as determined by the geographic jurisdic-
tions described in section 2.2 of title 50, Code of Federal 
Regulations, or any successor regulation) an annual report 
using the form developed under subsection (c). 
(c) ISSUANCE OF FORM.—Not later than 180 days 
after the date of the enactment of this section, the Direc-
tor of the United States Fish and Wildlife Service shall 
make available on the website of the United States Fish 
and Wildlife Service such reporting form as the Director 
determines appropriate for the purposes of taking reports 
under subsection (b). Such form may not be more onerous 
to complete than similar forms for permitted take under 
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the Migratory Bird Treaty Act (16 U.S.C. 703 et seq.) 
required as of the date of the enactment of this section. 
(d) DEFINITIONS.—In this section: 
(1) CRESTED CARACARA.—The term ‘‘crested 
caracara’’ means a bird of the species Caracara 
cheriway. 
(2) COVERED
PERSON.—The term ‘‘covered 
person’’ means— 
(A) a livestock producer; or 
(B) an employee of a livestock producer 
when such employee is actively engaged in live-
stock production. 
(3) LIVESTOCK.—The term ‘‘livestock’’ has the 
meaning given such term in section 602 of the 
Emergency Livestock Feed Assistance Act of 1988 
(7 U.S.C. 1471). 
(4) LIVESTOCK
PRODUCER.—The term ‘‘live-
stock producer’’ has the meaning given such term in 
section 602 of the Emergency Livestock Feed As-
sistance Act of 1988 (7 U.S.C. 1471). 
(5) TAKE.—The term ‘‘take’’ means to capture, 
kill, disperse, or transport. 
Æ 
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