CHAPTER 109A—CONTROL OF WILD ANIMALS

        

§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—

(1) 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

(2) 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.

(Mar. 2, 1931, ch. 370, §1, 46 Stat. 1468; Pub. L. 102–237, title X, §1013(d), Dec. 13, 1991, 105 Stat. 1901; Pub. L. 106–387, §1(a) [title VII, §767], Oct. 28, 2000, 114 Stat. 1549, 1549A-44; Pub. L. 115–270, title IV, §4307, Oct. 23, 2018, 132 Stat. 3886.)

Editorial Notes

References in Text

The Act of June 8, 1940 (commonly known as the Bald Eagle Protection Act), referred to in subsec. (c)(1), is act June 8, 1940, ch. 278, 54 Stat. 250, which is classified generally to subchapter II of chapter 5A (§668 et seq.) of Title 16, Conservation. For complete classification of this Act to the Code, see Tables.

The Endangered Species Act of 1973, referred to in subsec. (c)(1), is Pub. L. 93–205, Dec. 28, 1973, 87 Stat. 884, which is classified principally to chapter 35 (§1531 et seq.) of Title 16, Conservation. For complete classification of this Act to the Code, see Short Title note set out under section 1531 of Title 16 and Tables.

Codification

Section was formerly classified to section 426 of this title prior to editorial reclassification and renumbering as this section.

Amendments

2018—Pub. L. 115–270 designated first and second sentences as subsecs. (a) and (b), respectively, inserted subsec. headings, and added subsec. (c).

2000—Pub. L. 106–387 inserted section catchline and amended text generally. Prior to amendment, text read as follows: "The Secretary of Agriculture is authorized and directed to conduct such investigations, experiments, and tests as he may deem necessary in order to determine, demonstrate, and promulgate the best methods of eradication, suppression, or bringing under control on national forests and other areas of the public domain as well as on State, Territory, or privately owned lands of mountain lions, wolves, coyotes, bobcats, prairie dogs, gophers, ground squirrels, jack rabbits, brown tree snakes, and other animals injurious to agriculture, horticulture, forestry, animal husbandry, wild game animals, fur-bearing animals, and birds, and for the protection of stock and other domestic animals through the suppression of rabies and tularemia in predatory or other wild animals; and to conduct campaigns for the destruction or control of such animals: Provided, That in carrying out the provisions of this section the Secretary of Agriculture may cooperate with States, individuals, and public and private agencies, organizations, and institutions."

1991—Pub. L. 102–237 inserted "brown tree snakes," after "rabbits,".

Statutory Notes and Related Subsidiaries

Transfer of Functions

Functions of Secretary of Agriculture administered through Bureau of Biological Survey, relating to conservation of wildlife, game, and migratory birds, transferred to Secretary of the Interior by 1939 Reorg. Plan No. II, §4(f), eff. July 1, 1939, set out in the Appendix to Title 5, Government Organization and Employees. See also sections 401 to 404 of said plan for provisions relating to transfer of functions, records, property, personnel, and funds.

Pub. L. 99–190, §101(a) [H.R. 3037, title I, §101], Dec. 19, 1985, 99 Stat. 1185; Pub. L. 100–202, §106, Dec. 22, 1987, 101 Stat. 1329–433, provided in part: "That effective upon the date of enactment of this Act [Dec. 19, 1985] and notwithstanding any other provision of law, the authorities of the Secretary of Agriculture under the Act of March 2, 1931 (46 Stat. 1468; 7 U.S.C. 426–426b) [now 7 U.S.C. 8351, 8352], (transferred to the Secretary of the Interior pursuant to section 4(f) of 1939 Reorganization Plan No. II) and all personnel, property, records, unexpended balances of appropriations, allocations and other funds of the Fish and Wildlife Service, United States Department of the Interior used, held, available or to be made available in connection with the administration of such Act, are hereby transferred from the Secretary of the Interior to the Secretary of Agriculture, and this appropriation shall be available to carry out such authorities."

Feral Swine Eradication and Control Pilot Program

Pub. L. 115–334, title II, §2408, Dec. 20, 2018, 132 Stat. 4574, as amended by Pub. L. 118–22, div. B, title I, §102(d)(1)(C), Nov. 17, 2023, 137 Stat. 116, provided that:

"(a) In General.—The Secretary [of Agriculture] shall establish a feral swine eradication and control pilot program to respond to the threat feral swine pose to agriculture, native ecosystems, and human and animal health.

"(b) Duties of the Secretary.—In carrying out the pilot program, the Secretary shall—

"(1) study and assess the nature and extent of damage to the pilot areas caused by feral swine;

"(2) develop methods to eradicate or control feral swine in the pilot areas;

"(3) develop methods to restore damage caused by feral swine; and

"(4) provide financial assistance to agricultural producers in pilot areas.

"(c) Assistance.—The Secretary may provide financial assistance to agricultural producers under the pilot program to implement methods to—

"(1) eradicate or control feral swine in the pilot areas; and

"(2) restore damage caused by feral swine.

"(d) Coordination.—The Secretary shall ensure that the Natural Resources Conservation Service and the Animal and Plant Health Inspection Service coordinate for purposes of this section through State technical committees established under section 1261(a) of the Food Security Act of 1985 (16 U.S.C. 3861(a)).

"(e) Pilot Areas.—The Secretary shall carry out the pilot program in areas of States in which feral swine have been identified as a threat to agriculture, native ecosystems, or human or animal health, as determined by the Secretary.

"(f) Cost Sharing.—

"(1) Federal share.—The Federal share of the costs of activities under the pilot program may not exceed 75 percent of the total costs of such activities.

"(2) In-kind contributions.—The non-Federal share of the costs of activities under the pilot program may be provided in the form of in-kind contributions of materials or services.

"(g) Funding.—

"(1) Mandatory funding.—Of the funds of the Commodity Credit Corporation, the Secretary shall use to carry out this section $75,000,000 for the period of fiscal years 2019 through 2023 and $15,000,000 for fiscal year 2024.

"(2) Distribution of funds.—Of the funds made available under paragraph (1)—

"(A) 50 percent shall be allocated to the Natural Resources Conservation Service to carry out the pilot program, including the provision of financial assistance to producers for on-farm trapping and technology related to capturing and confining feral swine; and

"(B) 50 percent shall be allocated to the Animal and Plant Health Inspection Service to carry out the pilot program, including the use of established, and testing of innovative, population reduction methods.

"(3) Limitation on administrative expenses.—Not more than 10 percent of funds made available under this section may be used for administrative expenses of the pilot program."

Wolf Livestock Loss Demonstration Project

Pub. L. 111–11, title VI, subtitle C, Mar. 30, 2009, 123 Stat. 1170, provided that:

"SEC. 6201. DEFINITIONS.

"In this subtitle:

"(1) Indian tribe.—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].

"(2) Livestock.—The term 'livestock' means cattle, swine, horses, mules, sheep, goats, livestock guard animals, and other domestic animals, as determined by the Secretary.

"(3) Program.—The term 'program' means the demonstration program established under section 6202(a).

"(4) Secretaries.—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—

"(1) to assist livestock producers in undertaking proactive, non-lethal activities to reduce the risk of livestock loss due to predation by wolves; and

"(2) to compensate livestock producers for livestock losses due to such predation.

"(b) Criteria and Requirements.—The Secretaries shall—

"(1) establish criteria and requirements to implement the program; and

"(2) when promulgating regulations to implement the program under paragraph (1), consult with States that have implemented State programs that provide assistance to—

"(A) livestock producers to undertake proactive activities to reduce the risk of livestock loss due to predation by wolves; or

"(B) 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—

"(1) designate an appropriate agency of the State or Indian tribe to administer the 1 or more programs funded by the grant;

"(2) establish 1 or more accounts to receive grant funds;

"(3) maintain files of all claims received under programs funded by the grant, including supporting documentation;

"(4) submit to the Secretary—

"(A) annual reports that include—

"(i) a summary of claims and expenditures under the program during the year; and

"(ii) a description of any action taken on the claims; and

"(B) such other reports as the Secretary may require to assist the Secretary in determining the effectiveness of activities provided assistance under this section; and

"(5) 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—

"(1) equally between the uses identified in paragraphs (1) and (2) of subsection (a); and

"(2) among States and Indian tribes based on—

"(A) 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;

"(B) whether the State or Indian tribe is located in a geographical area that is at high risk for livestock predation; or

"(C) 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.)

Editorial Notes

Codification

Section was formerly classified to section 426b of this title prior to editorial reclassification and renumbering as this section.

Executive Documents

Transfer of Functions

Functions of Secretary of Agriculture administered through Bureau of Biological Survey, relating to conservation of wildlife, game, and migratory birds, transferred to Secretary of the Interior by 1939 Reorg. Plan No. II, §4(f), eff. July 1, 1939, set out in the Appendix to Title 5, Government Organization and Employees. See also sections 401 to 404 of said plan for provisions relating to transfer of functions, records, property, personnel, and funds.

§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.)

Editorial Notes

Codification

Section was formerly classified to section 426c of this title prior to editorial reclassification and renumbering as this section.

§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.)

Editorial Notes

References in Text

Sections 8351 to 8353 of this title, referred to in text, was in the original a reference to "sections 426–426c of title 7, United States Code" and was translated as meaning act Mar. 2, 1931, ch. 370, 46 Stat. 1468, and Pub. L. 100–202, §101(k) [title I], Dec. 22, 1987, 101 Stat. 1329–322, 1329–331, which were formerly classified to sections 426 to 426c of this title. Sections 1 and 3 of the act of Mar. 2, 1931, which were formerly classified to sections 426 and 426b of this title, were editorially reclassified as sections 8351 and 8352, respectively, of this title. Section 2 of the act of Mar. 2, 1931, which was formerly classified to section 426a of this title, was omitted from the Code as obsolete. Pub. L. 100–202, §101(k) [title I], Dec. 22, 1987, 101 Stat. 1329–322, 1329–331, which was formerly classified to section 426c of this title, was editorially reclassified as section 8353 of this title.

Codification

Section was formerly classified to section 426d of this title prior to editorial reclassification and renumbering as this section.

Prior Provisions

Provisions similar to those in this section were contained in the following prior appropriation acts:

Pub. L. 108–447, div. A, title VII, §758, Dec. 8, 2004, 118 Stat. 2846.

Pub. L. 108–199, div. A, title VII, §776, Jan. 23, 2004, 118 Stat. 41.

¹ See Reference in Text note below.

§8355. Losses of livestock due to depredation by federally protected species

(a) Definitions

In this section:

(1) Depredation

(A) In general

The term "depredation" means actual death, injury, or destruction of livestock that is caused by a federally protected species.

(B) Exclusions

The term "depredation" does not include damage to real or personal property other than livestock, including—

(i) damage to—

(I) other animals;

(II) vegetation;

(III) motor vehicles; or

(IV) structures;

(ii) diseases;

(iii) lost profits; or

(iv) consequential damages.

(2) Federally protected species

The term "federally protected species" means a species that is or previously was protected under—

(A) 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.);

(B) the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.); or

(C) the Migratory Bird Treaty Act (16 U.S.C. 703 et seq.).

(3) Indian Tribe

The term "Indian Tribe" has the meaning given to the term "Indian tribe" in section 5304 of title 25.

(4) Livestock

(A) In general

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.

(B) Inclusion

The term "livestock" includes guard animals actively engaged in the protection of livestock described in subparagraph (A).

(5) Program

The term "program" means the grant program established under subsection (b)(1).

(6) Secretaries

The term "Secretaries" means—

(A) the Secretary of the Interior, acting through the Director of the United States Fish and Wildlife Service; and

(B) 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

(1) In general

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)—

(A) to assist livestock producers in carrying out—

(i) proactive and nonlethal activities to reduce the risk of livestock loss due to depredation by federally protected species occurring on—

(I) Federal, State, or private land within the applicable State; or

(II) land owned by, or held in trust for the benefit of, the applicable Indian Tribe; and

(ii) research relating to the activities described in clause (i); and

(B) to compensate livestock producers for livestock losses due to depredation by federally protected species occurring on—

(i) Federal, State, or private land within the applicable State; or

(ii) land owned by, or held in trust for the benefit of, the applicable Indian Tribe.

(2) Allocation of funding

(A) Reports to the secretaries

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—

(i) Federal, State, or private land within the applicable State; or

(ii) land owned by, or held in trust for the benefit of, the applicable Indian Tribe.

(B) Allocation

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).

(3) Eligibility

To be eligible to receive a grant under paragraph (1), a State or Indian Tribe shall—

(A) designate an appropriate agency of the State or Indian Tribe to administer the 1 or more programs supplemented by the grant funds;

(B) establish 1 or more accounts to receive grant funds;

(C) maintain files of all claims received and paid under grant-funded programs, including supporting documentation; and

(D) submit to the Secretaries—

(i) annual reports that include—

(I) a summary of claims and expenditures under the program during the year; and

(II) a description of any action taken on the claims; and

(ii) 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—

(1) no State or Indian Tribe is required to participate in the program; and

(2) 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 $15,000,000 for each of fiscal years 2021 through 2025, of which—

(1) $5,000,000 shall be used to provide grants for the purposes described in subsection (b)(1)(A); and

(2) $10,000,000 shall be used to provide grants for the purpose described in subsection (b)(1)(B).

(Pub. L. 116–188, title I, §102, Oct. 30, 2020, 134 Stat. 908.)

Editorial Notes

References in Text

The Act of June 8, 1940 (commonly known as the "Bald and Golden Eagle Protection Act"), referred to in subsec. (a)(2)(A), is act June 8, 1940, ch. 278, 54 Stat. 250, which is classified generally to subchapter II of chapter 5A (§668 et seq.) of Title 16, Conservation. The Act is also commonly known as the Bald Eagle Protection Act. For complete classification of this Act to the Code, see Tables.

The Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.), referred to in subsec. (a)(2)(B), is Pub. L. 93–205, Dec. 28, 1973, 87 Stat. 884, which is classified principally to chapter 35 (§1531 et seq.) of Title 16, Conservation. For complete classification of this Act to the Code, see Short Title note set out under section 1531 of Title 16 and Tables.

The Migratory Bird Treaty Act (16 U.S.C. 703 et seq.), referred to in subsec. (a)(2)(C), is act July 3, 1918, ch. 128, 40 Stat. 755, which is classified generally to subchapter II (§703 et seq.) of chapter 7 of Title 16, Conservation. For complete classification of this Act to the Code, see section 710 of Title 16 and Tables.

This Act, referred to in subsec. (b)(2)(B), is Pub. L. 116–188, Oct. 30, 2020, 134 Stat. 905, known as the America's Conservation Enhancement Act. For complete classification of this Act to the Code, see Short Title note set out under section 8201 of Title 16, Conservation, and Tables.

§8356. Depredation permits for black vultures and common ravens

(a) 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.

(b) Limited to affected States or regions

The Secretary may issue permits under subsection (a) 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.

(c) Reporting

The Secretary shall require, as a condition of a permit under subsection (a), that the permit holder shall report to the appropriate enforcement agencies the takings of black vultures or common ravens pursuant to the permit.

(Pub. L. 116–188, title I, §103, Oct. 30, 2020, 134 Stat. 911.)