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7 U.S.C. § 8356Depredation permits for black vultures and common ravens; black vulture livestock protection program

submitted 6 years ago by Pub. L. 116-188 to r/title-7-AGRICULTURE · 470 words · no verdicts yet

in plain englishAI-generated · not legal advice

This law lets producers get permits to take black vultures or ravens that attack livestock. One public entity or Farm Bureau group per state can hold a statewide permit through 2030. The Service must study raising take limits and report to Congress.

(a) Depredation permits for black vultures and common ravens. (1) The Director of the United States Fish and Wildlife Service — called "the Secretary" in this section — may issue depredation permits letting livestock producers take black vultures or common ravens that federal law would otherwise protect, in order to stop those birds from taking livestock during calving or lambing season. (2) The Secretary may issue these permits only to livestock producers in states or regions where livestock producers are, or were in the previous year, affected by black vultures or common ravens, as the Secretary determines. (3) As a condition of the permit, the holder must report to the appropriate enforcement agencies every taking of black vultures or common ravens done under the permit. (b) Black vulture livestock protection program. (1) Through fiscal year 2030, the Secretary, working with states, must carry out a program letting one public entity or Farm Bureau organization per state hold a statewide depredation permit to protect commercial agricultural livestock from black vulture predation. (2) Each public entity or Farm Bureau organization holding a permit under the program: (A) must (i) show it has enough experience and capacity to provide government-regulated services to the public, as the Secretary determines; (ii) submit a complete depredation permit application, as the Secretary determines, for review and approval under the Fish and Wildlife Service's procedures; (iii) be responsible for following, and making sure sub-permit holders follow, all permit conditions; and (iv) be responsible for collecting, managing, and reporting the information the permit requires; and (B) may sub-permit livestock producers to take black vultures for livestock protection. (3) The Secretary, in consultation with the Secretary of Agriculture acting through the Animal and Plant Health Inspection Service Administrator, must study whether the number of black vultures sub-permittees may take can be increased, while staying within a biologically sustainable take level for the population. (4) Within one year of December 23, 2024, the Secretary, in that same consultation, must report to the Chair and Ranking Member of the Senate Environment and Public Works Committee, and the Chair and Ranking Member of the House Natural Resources Committee, on the program's status, including the study's results.
the actual law source: uscode.house.gov ↗public domain
(a) Depredation permits for black vultures and common ravens
(1) In general

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.

(2) Limited to affected States or regions

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.

(3) Reporting

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
(1) In general

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.

(2) Requirements

Each public entity or Farm Bureau organization that holds a depredation permit under the program—

(A)

shall—

(i)

demonstrate sufficient experience and capacity to provide government regulated services to the public, as determined by the Secretary;

(ii)

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;

(iii)

be responsible for complying with, and ensuring subpermittee compliance with, as applicable, all permit conditions; and

(iv)

be responsible for collecting, managing, and reporting required information under the permit; and

(B)

may subpermit to livestock producers to take black vultures for the purposes of livestock protection.

(3) Study

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.

(4) Report

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).

Source credit: (Pub. L. 116–188, title I, § 103, Oct. 30, 2020, 134 Stat. 911; Pub. L. 118–198, title I, § 102, Dec. 23, 2024, 138 Stat. 2678.)

history & why it existsrecord from the source credit
  • 2020Enacted · Pub. L. 116-188 · 134 Stat. 911
  • 2024Amended · Pub. L. 118-198 · 138 Stat. 2678

A history note hasn’t been published yet. The record shows enactment by Pub. L. 116-188 on 2020-10-30.

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