PROTECT AMERICA'S WILDLIFE ACT of 2007

* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Compare the sizes on the animals in these two pictures. The picture on the left is of 200+lb. wolf shot in Idaho. The picture is copied to this blog from the SAVE OUR ELK website. The picture on the right is of Rep. George Miller's (CA) photo-op, announcing the Protect American's Wildlife Act. Note the placement of individuals and a much smaller animal, probably 50 lbs. max, which is probably a hybrid wolf-dog. The only woman in the picture is holding the 'wolf's' leash. Check out the guy behind Miller...talk about a defensive posture. Point being...the wolf the man is holding up in the left picture is a much larger animal, 4X, that of the animal in the picture on the right. We would love to meet the person who could put a leash on a 200+ lb. wolf that was not habituized to humans.



Protect America's Wildlife Act of 2007 (Introduced in House)

HR 3663 IH


110th CONGRESS

1st Session

H. R. 3663
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

September 25, 2007
Mr. GEORGE MILLER of California (for himself, Mr. DINGELL, and Mr. DICKS) introduced the following bill; which was referred to the Committee on Natural Resources


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A BILL
To amend the Fish and Wildlife Act of 1956 to establish additional prohibitions on shooting wildlife from aircraft, 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 `Protect America's Wildlife Act of 2007'.

SEC. 2. AMENDMENT TO PROHIBITIONS.

Section 13(a) of the Fish and Wildlife Act of 1956 (16 U.S.C. 742j-1(a)) is amended--

(1) by striking `or' after the semicolon at the end of each of paragraphs (1) and (2);

(2) by striking paragraph (3) and inserting the following:

`(3) shoots or attempts to shoot any bird, fish, or other animal before 3:00 a.m. following a day on which the person has traveled by aircraft other than on a regularly scheduled commercial aircraft;

`(4) knowingly participates in using an aircraft for any purpose referred to in paragraph (1), (2), or (3); or

`(5) knowingly violates any regulation issued under this Act;'; and

(3) in the matter following paragraph (5) (as added by this section) by striking `$5,000' and inserting `$50,000'.

SEC. 3. EXCEPTIONS TO PROHIBITIONS.

Section 13(b) of the Fish and Wildlife Act of 1956 (16 U.S.C. 742j-1(b)) is amended by adding at the end the following:

`(3) Except as provided in paragraph (5), a State may not authorize or undertake any action otherwise prohibited under this Act, for the purpose of increasing any game population or for the purpose of sport hunting.

`(4) Notwithstanding subsection (a), a State may shoot any wolf, bear, or other predator from an aircraft to prevent a biological emergency, if--

`(A) the head of the State's fish and wildlife agency determines, based on the best scientific data available, that a biological emergency is imminent and there is no other means available to eliminate the biological emergency;

`(B) the shooting is conducted by an officer or employee of the State fish and wildlife agency or of the United States Department of Agriculture;

`(C) the shooting occurs only in the specific geographical area where the biological emergency exists; and

`(D) the shooting removes only the minimum number of predators necessary to eliminate the biological emergency.

`(5) The Secretary of the Interior may authorize an action that is referred to in paragraph (1) to prevent the extinction of any species that is listed as an endangered species or threatened species under section 4(c) of the Endangered Species Act of 1973 (16 U.S.C. 1533(c)), if the Secretary determines that there is no other means available to address the threat of extinction.'.

SEC. 4. DEFINITION OF BIOLOGICAL EMERGENCY.

Section 13(c) of the Fish and Wildlife Act of 1956 (16 U.S.C. 742j-1(c)) is amended to read as follows:

`(c) As used in this section:

`(1) The term `aircraft' means any contrivance used for flight in the air.

`(2) The term `biological emergency' means an irreversible decline in a wildlife population caused by a predator population.'.

SEC. 5. CITIZEN SUITS.

Section 13 of the Fish and Wildlife Act of 1956 (16 U.S.C. 742j-1) is amended by adding at the end the following:

`(g) Any person may commence a civil action on the person's own behalf--

`(1) against any person, including the United States and any other governmental instrumentality or agency, to the extent permitted by the eleventh amendment to the Constitution, who is alleged to be in violation of this Act; or

`(2) against the Secretary if there is alleged a failure of the Secretary to perform any act or duty under this Act that is not discretionary with the Secretary.'.

http://thomas.loc.gov/cgi-bin/query/z?c110:H.R.3663:

COSPONSERS: http://thomas.loc.gov/cgi-bin/bdquery/z?d110:HR03663:@@@P

H.R.3663
Title: To amend the Fish and Wildlife Act of 1956 to establish additional prohibitions on shooting wildlife from aircraft, and for other purposes.
Sponsor: Rep Miller, George [CA-7] (introduced 9/25/2007) Cosponsors (111)
Latest Major Action: 9/27/2007 Referred to House subcommittee. Status: Referred to the Subcommittee on Fisheries, Wildlife, and Oceans.



Gov Track rates Rep. Miller:

Miller is a radical Democrat according to GovTrack's own analysis of bill sponsorship. (Where do these labels come from?)
http://www.govtrack.us/congress/person.xpd?id=400278