CHAPTER 109A - CONTROL OF WILD ANIMALS
Title 7 > CHAPTER 109A
Sections (9)
§ 8351 Predatory and other wild animals
(a) In general The Secretary of Agriculture may conduct a program of wildlife services with respect to injurious animal species and take any action the Secretary considers necessary in conducting the program.
(b) Administration The Secretary shall administer the program in a manner consistent with all of the wildlife services authorities in effect on the day before October 28, 2000 .
(c) Action by FWS The Director of the United States Fish and Wildlife Service shall use the most expeditious procedure practicable to process and administer permits for take of— a depredating eagle under the Act of June 8, 1940 (commonly known as the “Bald Eagle Protection Act”) ( 54 Stat. 250 , chapter 278; 16 U.S.C. 668 et seq.), or sections 22.11 through 22.32 of title 50, Code of Federal Regulations (or successor regulations) (including depredation of livestock, wildlife, and species protected under the Endangered Species Act of 1973 ( 16 U.S.C. 1531 et seq.) or any other Federal management program); or a migratory bird included on the list under section 10.13 of title 50, Code of Federal Regulations (or successor regulations) that is posing a conflict.
“SEC. 6201 DEFINITIONS.
“In this subtitle: The term ‘Indian tribe’ has the meaning given the term in section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 450b ) [now 25 U.S.C. 5304 ]. The term ‘livestock’ means cattle, swine, horses, mules, sheep, goats, livestock guard animals, and other domestic animals, as determined by the Secretary. The term ‘program’ means the demonstration program established under section 6202(a). The term ‘Secretaries’ means the Secretary of the Interior and the Secretary of Agriculture, acting jointly.
“SEC. 6202 WOLF COMPENSATION AND PREVENTION PROGRAM.
(“(a) In General.— The Secretaries shall establish a 5-year demonstration program to provide grants to States and Indian tribes— to assist livestock producers in undertaking proactive, non-lethal activities to reduce the risk of livestock loss due to predation by wolves; and to compensate livestock producers for livestock losses due to such predation.
(“(b) Criteria and Requirements.— The Secretaries shall— establish criteria and requirements to implement the program; and when promulgating regulations to implement the program under paragraph (1), consult with States that have implemented State programs that provide assistance to— livestock producers to undertake proactive activities to reduce the risk of livestock loss due to predation by wolves; or provide compensation to livestock producers for livestock losses due to such predation.
(“(c) Eligibility.— To be eligible to receive a grant under subsection (a), a State or Indian tribe shall— designate an appropriate agency of the State or Indian tribe to administer the 1 or more programs funded by the grant; establish 1 or more accounts to receive grant funds; maintain files of all claims received under programs funded by the grant, including supporting documentation; submit to the Secretary— annual reports that include— a summary of claims and expenditures under the program during the year; and a description of any action taken on the claims; and such other reports as the Secretary may require to assist the Secretary in determining the effectiveness of activities provided assistance under this section; and promulgate rules for reimbursing livestock producers under the program.
(“(d) Allocation of Funding.— The Secretaries shall allocate funding made available to carry out this subtitle— equally between the uses identified in paragraphs (1) and (2) of subsection (a); and among States and Indian tribes based on— the level of livestock predation in the State or on the land owned by, or held in trust for the benefit of, the Indian tribe; whether the State or Indian tribe is located in a geographical area that is at high risk for livestock predation; or any other factors that the Secretaries determine are appropriate.
(“(e) Eligible Land.— Activities and losses described in subsection (a) may occur on Federal, State, or private land, or land owned by, or held in trust for the benefit of, an Indian tribe.
(“(f) Federal Cost Share.— The Federal share of the cost of any activity provided assistance made available under this subtitle shall not exceed 50 percent of the total cost of the activity.
“SEC. 6203 AUTHORIZATION OF APPROPRIATIONS.
“There is authorized to be appropriated to carry out this subtitle $1,000,000 for fiscal year 2009 and each fiscal year thereafter.”
§ 8352 Authorization of expenditures for the eradication and control of predatory and other wild animals
The Secretary of Agriculture is authorized to make such expenditures for equipment, supplies, and materials, including the employment of persons and means in the District of Columbia and elsewhere, and to employ such means as may be necessary to execute the functions imposed upon him by section 8351 of this title . ( Mar. 2, 1931, ch. 370, § 3 , 46 Stat. 1469 .)
§ 8353 Control of nuisance mammals and birds and those constituting reservoirs of zoonotic diseases; exception
On and after December 22, 1987 , the Secretary of Agriculture is authorized, except for urban rodent control, to conduct activities and to enter into agreements with States, local jurisdictions, individuals, and public and private agencies, organizations, and institutions in the control of nuisance mammals and birds and those mammal and bird species that are reservoirs for zoonotic diseases, and to deposit any money collected under any such agreement into the appropriation accounts that incur the costs to be available immediately and to remain available until expended for Animal Damage Control activities. ( Pub. L. 100–202, § 101(k) [title I] , Dec. 22, 1987 , 101 Stat. 1329–322 , 1329–331.)
§ 8354 Expenditures for cooperative agreements to lease aircraft
On and after November 10, 2005 , notwithstanding any other provision of law, the Secretary of Agriculture may use appropriations available to the Secretary for activities authorized under sections 8351 to 8353 1 of this title, under this or any other Act, to enter into cooperative agreements, with a State, political subdivision, or agency thereof, a public or private agency, organization, or any other person, to lease aircraft if the Secretary determines that the objectives of the agreement will: (1) serve a mutual interest of the parties to the agreement in carrying out the programs administered by the Animal and Plant Health Inspection Service, Wildlife Services; and (2) all parties will contribute resources to the accomplishment of these objectives; award of a cooperative agreement authorized by the Secretary may be made for an initial term not to exceed 5 years. ( Pub. L. 109–97, title VII, § 749 , Nov. 10, 2005 , 119 Stat. 2156 .)
§ 8355 Losses of livestock due to depredation by federally protected species
(a) Definitions In this section: The term “depredation” means actual death, injury, or destruction of livestock that is caused by a federally protected species. The term “depredation” does not include damage to real or personal property other than livestock, including— damage to— other animals; vegetation; motor vehicles; or structures; diseases; lost profits; or consequential damages. The term “federally protected species” means a species that is or previously was protected under— the Act of June 8, 1940 (commonly known as the “Bald and Golden Eagle Protection Act”) ( 54 Stat. 250 , chapter 278; 16 U.S.C. 668 et seq.); the Endangered Species Act of 1973 ( 16 U.S.C. 1531 et seq.); or the Migratory Bird Treaty Act ( 16 U.S.C. 703 et seq.). The term “Indian Tribe” has the meaning given to the term “Indian tribe” in section 5304 of title 25 . The term “livestock” means horses, mules and asses, rabbits, llamas, cattle, bison, swine, sheep, goats, poultry, bees, honey and beehives, or any other animal generally used for food or in the production of food or fiber. The term “livestock” includes guard animals actively engaged in the protection of livestock described in subparagraph (A). The term “program” means the grant program established under subsection (b)(1). The term “Secretaries” means— the Secretary of the Interior, acting through the Director of the United States Fish and Wildlife Service; and the Secretary of Agriculture, acting through the Administrator of the Animal and Plant Health Inspection Service.
(b) Grant program for losses of livestock due to depredation by federally protected species The Secretaries shall establish a program to provide grants to States and Indian Tribes to supplement amounts provided by States, Indian Tribes, or State agencies under 1 or more programs established by the States and Indian Tribes (including programs established after October 30, 2020 )— to assist livestock producers in carrying out— proactive and nonlethal activities to reduce the risk of livestock loss due to depredation by federally protected species occurring on— Federal, State, or private land within the applicable State; or land owned by, or held in trust for the benefit of, the applicable Indian Tribe; and research relating to the activities described in clause (i); and to compensate livestock producers for livestock losses due to depredation by federally protected species occurring on— Federal, State, or private land within the applicable State; or land owned by, or held in trust for the benefit of, the applicable Indian Tribe. Not later than September 30 of each year, a State or Indian Tribe desiring to receive a grant under the program shall submit to the Secretaries a report describing, for the 1-year period ending on that September 30, the losses of livestock due to depredation by federally protected species occurring on— Federal, State, or private land within the applicable State; or land owned by, or held in trust for the benefit of, the applicable Indian Tribe. The Secretaries shall allocate available funding to carry out this Act among States and Indian Tribes for a 1-year period ending on September 30 based on the losses described in the reports submitted for the previous 1-year period ending on September 30 under subparagraph (A). To be eligible to receive a grant under paragraph (1), a State or Indian Tribe shall— designate an appropriate agency of the State or Indian Tribe to administer the 1 or more programs supplemented by the grant funds; establish 1 or more accounts to receive grant funds; maintain files of all claims received and paid under grant-funded programs, including supporting documentation; and submit to the Secretaries— annual reports that include— a summary of claims and expenditures under the program during the year; and a description of any action taken on the claims; and such other reports as the Secretaries may require to assist the Secretaries in determining the effectiveness of assisted activities under this section.
(c) Sense of Congress It is the sense of Congress that— no State or Indian Tribe is required to participate in the program; and the program supplements, and does not replace or supplant, any State compensation programs for depredation.
(d) Authorization of appropriations There is authorized to be appropriated to carry out this section 5,000,000 shall be used to provide grants for the purposes described in subsection (b)(1)(A); and $10,000,000 shall be used to provide grants for the purpose described in subsection (b)(1)(B).
§ 8356 Depredation permits for black vultures and common ravens; black vulture livestock protection program
(a) Depredation permits for black vultures and common ravens The Secretary of the Interior, acting through the Director of the United States Fish and Wildlife Service (referred to in this section as the “Secretary”), may issue depredation permits to livestock producers authorizing takings of black vultures or common ravens otherwise prohibited by Federal law to prevent those vultures or common ravens from taking livestock during the calving season or lambing season. The Secretary may issue permits under paragraph (1) only to livestock producers in States and regions in which livestock producers are affected or have been affected in the previous year by black vultures or common ravens, as determined by Secretary. The Secretary shall require, as a condition of a permit under paragraph (1), that the permit holder shall report to the appropriate enforcement agencies the takings of black vultures or common ravens pursuant to the permit.
(b) Black vulture livestock protection program The Secretary, in coordination with States, shall carry out, through fiscal year 2030, a black vulture livestock protection program (referred to in this subsection as the “program”) that allows 1 public entity or Farm Bureau organization per State to hold a statewide depredation permit to protect commercial agriculture livestock from black vulture predation. Each public entity or Farm Bureau organization that holds a depredation permit under the program— shall— demonstrate sufficient experience and capacity to provide government regulated services to the public, as determined by the Secretary; submit a complete depredation permit application, as determined by the Secretary, for review and approval according to procedures of the United States Fish and Wildlife Service; be responsible for complying with, and ensuring subpermittee compliance with, as applicable, all permit conditions; and be responsible for collecting, managing, and reporting required information under the permit; and may subpermit to livestock producers to take black vultures for the purposes of livestock protection. The Secretary, in consultation with the Secretary of Agriculture, acting through the Administrator of the Animal and Plant Health Inspection Service, shall carry out a study on whether prescribed take levels of black vultures may be increased for subpermittees within a biologically sustainable take level for the population. Not later than 1 year after December 23, 2024 , the Secretary, in consultation with the Secretary of Agriculture, acting through the Administrator of the Animal and Plant Health Inspection Service, shall submit to the Chair and Ranking Member of the Committee on Environment and Public Works of the Senate and the Chair and Ranking Member of the Committee on Natural Resources of the House of Representatives a report on the status of the program, including the results of the study required under paragraph (3).