Text: H.R.3187 — 101st Congress (1989-1990)All Information (Except Text)

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HR 3187 IH
101st CONGRESS
1st Session
 H. R. 3187
To protect persons engaged in a lawful hunt within a National Forest or on
other lands affected with a Federal interest, establishing a civil remedy
against individuals or groups which intentionally obstruct, impede, or
interfere with the conduct of a lawful hunt, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
August 4, 1989
Mr. MARLENEE (for himself, Mr. VOLKMER, Mr. DINGELL, Mr. YOUNG of Alaska,
Mr. ESPY, Mr. HANSEN, Mr. SCHULZE, Mr. THOMAS of Georgia, Mr. ROBINSON,
Mr. RICHARDSON, Mr. STANGELAND, Mr. HOLLOWAY, Mr. KOLTER, Mr. DYSON,
Mr. HERGER, Mr. HATCHER, Mr. HARRIS, Mr. JOHNSON of South Dakota,
Mr. CHAPMAN, Mr. LIGHTFOOT, Mr. SHUMWAY, Mr. QUILLEN, Mr. HUNTER, Mr. MURPHY,
Mr. LAGOMARSINO, Mrs. VUCANOVICH, Mr. CRAIG, Mr. ROBERT F. SMITH, Mr. HANCOCK,
Mr. PACKARD, Mr. POSHARD, Mr. DAVIS, Mr. FIELDS, Mr. GRANT, Mr. DANNEMEYER,
Mr. DONALD E. LUKENS, Mr. CLEMENT, Mr. PASHAYAN, Mr. PAXON, Mr. SKEEN,
Mr. PAYNE of Virginia, Mr. WALSH, Mr. GALLEGLY, Mr. GAYDOS, Mr. OWENS of
Utah, Mr. FROST, Mr. NIELSON of Utah, Mr. SCHAEFER, Mr. STUMP, Mr. SMITH
of Mississippi, Mr. PARRIS, and Mr. DELAY), introduced the following bill;
which was referred to the Committee on Merchant Marine and Fisheries
A BILL
To protect persons engaged in a lawful hunt within a National Forest or on
other lands affected with a Federal interest, establishing a civil remedy
against individuals or groups which intentionally obstruct, impede, or
interfere with the conduct of a lawful hunt, 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. SHORT TITLE.
  This Act may be cited as the `Hunter Safety and Protection Act of 1989'.
SEC. 2. FINDINGS.
  The Congress finds that--
  (1) sport hunting, when carried out pursuant to law as implemented by the
  regulations of State and Federal wildlife management agencies, is a necessary
  and useful element in the conservation and management of wildlife resources;
  (2) sport hunters, because of their generally demonstrated concern with
  the conservation of this Nation's wildlife resources and the preservation
  of habitats necessary for the breeding and maintenance of healthy wildlife
  populations and due to the intimate knowledge about such resources gained
  by being in the field, are a valuable source as a group in ensuring proper
  public input into decisions regarding management and maintenance of such
  wildlife resources and habitat;
  (3) sport hunting supports significant industries through the sales in
  interstate commerce of sporting goods, and such industries through a
  Federal excise tax program are in turn the source of funding for vital
  State programs of wildlife conservation and management;
  (4) various individuals, groups, and entities are engaging in, and have
  publicly announced their intent to continue to engage in, a variety of
  disruptive activities for the purpose of intentionally preventing and
  interfering with the conduct of legal sport hunting, and these activities
  tend to--
  (A) place both sport hunters and such individuals or groups themselves in
  imminent jeopardy of grave physical harm or death;
  (B) disrupt the lawful and prudent conduct of wildlife and habitat management
  programs by State and Federal wildlife management agencies; and
  (C) disrupt the normal patterns of activity within populations of wildlife
  and cause harm to the future viability of wildlife species and damage to
  the habitat;
  (5) the various lands affected with a Federal interest are an important
  resource supporting large and vital populations of wildlife and offering
  significant opportunities for legal sport hunting as an important management
  tool to ensure the viability of such wildlife populations;
  (6) it is the right of all citizens of the United States to enjoy lawful
  sport hunting on lands affected with a Federal interest in accordance
  with regulations promulgated by State and Federal wildlife management
  agencies; and
  (7) under current law vagueness and ambiguity exists in certain circumstances
  regarding the application of State law regarding the safety of hunters to
  lands affected with a Federal interest.
SEC. 3. OBSTRUCTION OF LAWFUL HUNTING.
  (a) It shall be a violation of this Act for any person knowingly and with
  the intent of preventing the taking or harvest of wildlife, game or fish to--
  (1) obstruct, impede, or otherwise interfere with an individual or group
  engaged in a lawful hunt on land affected with a Federal interest;
  (2) scare, herd, harass, decoy, or otherwise affect wildlife on land
  affected with a Federal interest for the purpose of obstructing, impeding
  or interfering with a lawful hunt on such land;
  (3) enter upon land affected with a Federal interest for the purpose of
  obstructing, impeding, or otherwise interfering with a lawful hunt on such
  land; or
  (4) travel in interstate commerce, make use of the Federal mails or any
  instrumentality of interstate communications, or transport or carry any
  material in interstate commerce for the purpose of obstructing, impeding,
  or otherwise interfering with a lawful hunt on land affected with a Federal
  interest, or for the purpose of furthering the efforts of other individuals
  or groups in obstructing, impeding, or interfering with such lawful hunt.
  (b) It may be construed by the Secretary concerned that participation by a
  person in more than one of the activities described in this section shall
  each and individually constitute separate violations, regardless of the
  fact that multiple violations are alleged as a result of one uninterupted
  undertaking by the party or parties accused.
  (c) Any person or persons who are determined to have engaged in activities
  described in this section as violations of this Act shall be subject to a
  civil penalty or penalties as a result of such violations as provided in
  this Act.
SEC. 4. CIVIL PENALTY.
  Notwithstanding any other provision of law, civil penalties may be levied
  in accordance with this section and at least quarterly out of any amount
  collected, after deduction of costs attributable to collection, 50 per
  centum shall be deposited into the trust fund established pursuant to
  section 669 of title 16, United States Code, to support the activities
  authorized therein and undertaken by State wildlife management agencies
  and the remaining 50 per centum shall be deposited to a trust fund to be
  maintained by the National Fish and Wildlife Foundation for the purpose
  of additionally funding and implementing the North American Waterfowl
  Management Plan.
  (a) IN GENERAL- Any person who engages in one or more of the activities
  described in section 3 of this Act may, upon the complaint of a Secretary
  concerned or upon the written motion of any individual directly and adversely
  affected by such activities, be assessed a civil penalty by the Secretary
  concerned, such penalty not to exceed the sum of $5,000 for each violation.
  (b) VIOLATION INVOLVING FORCE OR VIOLENCE- Any person who engages in
  one or more of the activities described in section 3 of this Act shall,
  upon a determination by the Secretary concerned that the activity involved
  the use of force or violence or the seriously threatened use of force or
  violence against the person or property of another, be assessed a civil
  penalty of not less than $1,000, but not to exceed the sum of $10,000 for
  each such violation, and the penalty provided by this subsection shall be
  in addition to and not in lieu of any other criminal or civil penalties
  which may lie against the person as a result of the activities undertaken
  in violation of this Act.
  (c) PROCEDURE- No penalty shall be assessed pursuant to this section unless
  the person complained of and alleged to have engaged in one or more of
  the activities described in section 3 of this Act shall have been given a
  timely notice of such allegation and complaint and provided an opportunity
  for a hearing before the Secretary concerned or his designee with respect
  to such allegation and complaint.
  (d) PENALTY REDUCED TO JUDGMENT- Upon failure of a person to timely pay
  and penalty assessed pursuant to this section, the Secretary concerned
  shall request the Attorney General of the United States to institute a
  civil action to collect such penalty in the district court of the United
  States for any district in which such person resides, transacts business,
  or may be found. The court shall hear such action on the record made
  before the Secretary concerned and shall sustain the Secretary's action
  and enter judgment against the party complained of in the amount of the
  penalty assessed by the Secretary plus all costs of the action if the
  decision of the Secretary concerned is supported by substantial evidence
  on the record considered as a whole.
SEC. 5. RELIEF.
  (a) INJUNCTIVE RELIEF- The head of a State agency with jurisdiction over
  fish and wildlife management, the Attorney General of the United States,
  or any person intending to participate in a lawful hunt on land affected
  with a Federal interest may obtain injunctive relief against a violation
  of section 3 of this Act.
  (b) DAMAGES AND ATTORNEY'S FEES- Any person aggrieved by a violation of
  section 3 of this Act may, in a civil action, recover appropriate actual and
  punitive damages and reasonable attorney's fees as determined by the court.
  (c) STANDING- Any hunting or sportsman's organization which is recognized as
  a legal entity under the laws of any State shall have standing to bring an
  action referred to in this section on behalf of one or more of its members
  in lieu of separate actions brought individually by such members.
SEC. 6. DEFINITIONS.
  As used in this, the following terms shall have the meaning attributed
  thereto as follows:
  (1) the term `lawful hunt' shall mean an occasion during which an individual
  (or group of individuals) are engaged in the taking or harvesting (or
  attempted taking or harvesting) through any legal means and during legal
  seasons of any wildlife, game, or fish which--
  (A) is authorized by or licensed under the law of the State in which it
  takes place, or is regulated by game or fishing seasons established by
  the State in which it takes place; and
  (B) is not prohibited by the laws of the United States; and
  (C) does not infringe upon any rights of owners of private property
  (which may also be affected with a Federal interest) without securing the
  appropriate permission of such owners in advance;
  (2) the term `land affected with a Federal interest' shall mean lands
  administered or managed by any Federal department or agency, including
  but not limited to--
  (A) those elements of the National Forest System and of the National
  Wilderness System administered by the United States Forest Service and any
  other lands which may be under the management or ownership of the Department
  of Agriculture including those managed or held by virtue of foreclosure,
  forfeiture, or default by a borrower of a loan made or guaranteed by the
  Department of Agriculture and upon which hunting is permitted by law and
  approved by any private party in possession;
  (B) lands administered by the Department of the Interior;
  (C) lands administered by the Department of Defense as military preserves
  or by the Army Corps of Engineers or otherwise; or
  (D) any other land which is managed under any wildlife management program
  which program is financed, in whole or in part, with funds from (including
  funds from any trust fund established within) the Treasury of the United
  States; and
  (3) the term `Secretary concerned' shall mean the Secretary of Agriculture,
  the Secretary of the Interior, or the Secretary of Defense, as appropriate.