[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4939 Introduced in House (IH)]
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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.
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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
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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 Representatives 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--
(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 preceding 12-month period shall complete and
submit to the appropriate United States Fish and Wildlife Service
Regional Office (as determined by the geographic jurisdictions
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 Director 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 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 livestock 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 ``livestock producer''
has the meaning given such term in section 602 of the Emergency
Livestock Feed Assistance Act of 1988 (7 U.S.C. 1471).
(5) Take.--The term ``take'' means to capture, kill,
disperse, or transport.
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