Sec. 4. Protection of bison, grizzly bears, and wolves
719 words·~3 min read·
/bill/118/hr/9695/ih/section-4A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Subject to subsection (b), it is unlawful for any person— to take, possess, purchase, sell, or transport a covered species, or any product or part thereof; to violate any condition of a permit issued under section 6(a); or to violate any regulation issued by the Secretary pursuant to this Act. Subsection
(a)shall not apply to— captive-bred bison intended for human consumption; a taking that is based on a good faith belief that the taking is imminently necessary for self-defense or to prevent serious injury or save the life of a person in immediate danger, as determined by the Secretary; taking, possessing, purchasing, selling, or transporting a covered species, or any product or part thereof, for the religious, cultural, and treaty reserved purposes of a federally recognized Indian Tribe; or possessing, purchasing, selling, or transporting a product or part of a covered species if the product or part was in existence before the date of enactment of this Act. Subject to the requirements of paragraph (2), any person who violates subsection
(a)may be assessed a civil penalty by the Secretary of not more than $25,000 for each violation. The Secretary may not assess a penalty under paragraph
(1)unless the Secretary gives the person notice and an opportunity for a hearing with respect to the violation. On failure to pay a penalty assessed under paragraph (1), the Secretary may request the Attorney General to institute a civil action in a district court of the United States for any district in which the person is found, resides, or transacts business to collect the penalty. The district court of the United States in which an action is brought under clause
(i)shall have jurisdiction to hear and decide the action. In any action brought under subparagraph (A)(i), the applicable district court of the United States shall sustain the determination of the Secretary to assess a penalty under paragraph
(1)if that determination is supported by substantial evidence. Any person who knowingly violates subsection
(a)shall be fined not more than $50,000, imprisoned not more than 1 year, or both. In the case of a second or subsequent violation of subsection (a), a person shall be fined not more than $75,000, imprisoned not more than 2 years, or both. Each violation of subsection
(a)is a separate offense. 1/2 of the amount of each fine assessed under subparagraph
(A)or
(B)of paragraph
(1)shall be paid to any person that gives information leading to a conviction under this subsection. In a prosecution under this subsection for a violation of subsection (a), the Federal Government shall not be required to prove that the violator knew that the animal taken was a covered species. Any lease, license, permit, or agreement issued by the head of a Federal agency to a person authorizing the grazing of domestic livestock on Federal land shall be cancelled on the conviction of the person in an action brought under subsection (d)(1). The United States shall not be liable for the payment of any compensation, reimbursement, or damages in connection with the cancellation of any lease, license, permit, or agreement under paragraph (1). Beginning in fiscal year 2025, the Secretary, with respect to public land, and the Secretary of Agriculture, with respect to National Forest System land (referred to in this subsection as the Secretary concerned ), shall accept the donation of any valid existing leases or permits authorizing grazing on public land or National Forest System land, as applicable, for the purpose of reducing conflicts between permitted livestock and covered species. With respect to each permit or lease donated under paragraph (1), the Secretary concerned shall— terminate the grazing permit or lease; and except as provided in paragraph (3), ensure a permanent end to grazing on the public land or National Forest System land, as applicable, covered by the permit or lease. If land covered by a permit or lease donated under paragraph
(1)is also covered by another valid grazing permit or lease that is not donated under that paragraph, the Secretary concerned shall not allow the total grazing use on the land to exceed the average actual grazing use under the other valid grazing permit or lease for the 5-year period preceding the date on which the permit or lease is donated under that paragraph.