H.R.3768 - National Forest Hunter Safety and Protection Act of 1989101st Congress (1989-1990)
|Sponsor:||Rep. Marlenee, Ron [R-MT-2] (Introduced 11/20/1989)|
|Committees:||House - Agriculture; Interior and Insular Affairs; Merchant Marine and Fisheries|
|Latest Action:||House - 03/26/1990 Referred to the Subcommittee on Fisheries and Wildlife Conservation and the Environment. (All Actions)|
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Text: H.R.3768 — 101st Congress (1989-1990)All Information (Except Text)
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Introduced in House
HR 3768 IH 101st CONGRESS 1st Session H. R. 3768 To allow the Secretary of the United States Department of Agriculture or other appropriate official to protect persons engaged in a lawful hunt within a National Forest or on other lands affected with a Federal interest; establishing an administrative civil remedy against individuals or groups intentionally obstructing, impeding, or interfering with the conduct of a lawful hunt; and for other purposes. IN THE HOUSE OF REPRESENTATIVES November 20, 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. OWENS of Utah, Mr. FROST, Mr. NIELSON of Utah, Mr. SCHAEFER, Mr. STUMP, Mr. PARRIS, Mr. DELAY, Mr. RIDGE, and Mr. MCCRERY), introduced the following bill; which was referred jointly to the Committees on Agriculture, Interior and Insular Affairs, and Merchant Marine and Fisheries A BILL To allow the Secretary of the United States Department of Agriculture or other appropriate official to protect persons engaged in a lawful hunt within a National Forest or on other lands affected with a Federal interest; establishing an administrative civil remedy against individuals or groups intentionally obstructing, impeding, or interfering 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 `National Forest 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, due to their generally demonstrated concern with conservation of wildlife resources and preservation of habitat necessary for the breeding and maintenance of healthy wildlife populations, and by their knowledge of such resources gained from the field, are a valuable source 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) National Forests and 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 in National Forests and 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 within National Forests and 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 within National Forests or 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 National Forests or 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 within a National Forest or 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 uninterrupted 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. (a) Notwithstanding any other provision of law, civil penalties may be levied in accordance with this section and at least quarterly out of any amounts 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. (b) 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. (c) 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. (d) 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. (e) PENALTY REDUCED TO JUDGMENT- Upon failure of a person to timely pay any 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; (B) is not prohibited by the laws of the United States; (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 `and affected with a Federal interest' shall mean lands within the National Forest System or otherwise 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 any other executive department of the United States, or any agency thereof; or (C) 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.