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Protect America's Wildlife Act, or PAW Act

Discussion Draft

George Miller (D-CA) / 110th Congress / September 27, 2007

Click Here to Read the Bill in PDF Format

[DISCUSSION DRAFT]
110TH CONGRESS
1ST SESSION H. R. ll

To amend the Fish and Wildlife Act of 1956 to establish additional prohibitions on shooting wildlife from aircraft, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES
Mr. GEORGE MILLER of California introduced the following bill; which was referred to the Committee on -----

A BILL
To amend the Fish and Wildlife Act of 1956 to establish
additional prohibitions on shooting wildlife from aircraft,
and for other purposes.
1 Be it enacted by the Senate and House of Representa2
tives of the United States of America in Congress assembled,
3 SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘----4 Act
5 of 2007’’.
6 SEC. 2. AMENDMENT TO PROHIBITIONS.
7 Section 13(a) of the Fish and Wildlife Act of 1956
8 (16 U.S.C. 742j–1(a)) is amended—

[Discussion Draft] H.L.C.

1 (1) by striking ‘‘or’’ after the semicolon at the
2 end of each of paragraphs (1) and (2);
3 (2) by striking paragraph (3) and inserting the
4 following:
5 ‘‘(3) shoots or attempts to shoot any bird, fish,
6 or other animal before 3:00 a.m. following a day on
7 which the person has traveled by aircraft other than
8 on a regularly scheduled commercial aircraft;
9 ‘‘(4) knowingly participates in using an aircraft
10 for any purpose referred to in paragraph (1), (2), or
11 (3); or
12 ‘‘(5) knowingly violates any regulation issued
13 under this Act;’’; and
14 (3) in the matter following paragraph (5) (as
15 added by this section) by striking ‘‘$5,000’’ and in16
serting ‘‘$50,000’’.
17 SEC. 3. EXCEPTIONS TO PROHIBITIONS.
18 Section 13(b) of the Fish and Wildlife Act of 1956
19 (16 U.S.C. 742j–1(b)) is amended by adding at the end
20 the following:
21 ‘‘(3) Except as provided in paragraph (5), a State
22 may not authorize or undertake any action otherwise pro23
hibited under this Act, for the purpose of increasing any
24 game population or for the purpose of sport hunting.


[Discussion Draft] H.L.C.
1 ‘‘(4) Notwithstanding subsection (a), a State may
2 shoot any wolf, bear, or other predator from an aircraft
3 to prevent a biological emergency, if—
4 ‘‘(A) the head of the State’s fish and wildlife
5 agency determines, based on the best scientific data
6 available, that a biological emergency is imminent
7 and there is no other means available to eliminate
8 the biological emergency;
9 ‘‘(B) the shooting is conducted by an officer or
10 employee of the State fish and wildlife agency or of
11 the United States Department of Agriculture;
12 ‘‘(C) the shooting occurs only in the specific
13 geographical area where the biological emergency ex14
ists; and
15 ‘‘(D) the shooting removes only the minimum
16 number of predators necessary to eliminate the bio17
logical emergency.
18 ‘‘(5) The Secretary of the Interior may authorize an
19 action that is referred to in paragraph (1) to prevent the
20 extinction of any species that is listed as an endangered
21 species or threatened species under section 4(c) of the En22
dangered Species Act of 1973 (16 U.S.C. 1533(c)), if the
23 Secretary determines that there is no other means avail24
able to address the threat of extinction.’’.

[Discussion Draft] H.L.C.
1 SEC. 4. DEFINITION OF BIOLOGICAL EMERGENCY.
2 Section 13(c) of the Fish and Wildlife Act of 1956
3 (16 U.S.C. 742j–1(c)) is amended to read as follows:
4 ‘‘(c) As used in this section:
5 ‘‘(1) The term ‘aircraft’ means any contrivance
6 used for flight in the air.
7 ‘‘(2) The term ‘biological emergency’ means an
8 irreversible decline in a wildlife population caused by
9 a predator population.’’.
10 SEC. 5. CITIZEN SUITS.
11 Section 13 of the Fish and Wildlife Act of 1956 (16
12 U.S.C. 742j–1) is amended by adding at the end the fol13
lowing:
14 ‘‘(g) Any person may commence a civil action on the
15 person’s own behalf—
16 ‘‘(1) against any person, including the United
17 States and any other governmental instrumentality
18 or agency, to the extent permitted by the eleventh
19 amendment to the Constitution, who is alleged to be
20 in violation of this Act; or
21 ‘‘(2) against the Secretary if there is alleged a
22 failure of the Secretary to perform any act or duty
23 under this Act that is not discretionary with the
24 Secretary.’’.

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