Sec. 6. Permitted taking of bison, grizzly bears and wolves
577 words·~3 min read·
/bill/118/s/5115/is/section-6·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
The Secretary may issue a permit in accordance with this section authorizing the taking, possession, or transportation of a covered species, or any product or part thereof, that is otherwise prohibited by section 4(a). The Secretary may issue a permit under subsection
(a)only if the Secretary has— investigated the circumstances that gave rise to the permit application; and determined that the taking, possession, or transportation is an allowable taking, possession, or transportation under subsection (c). Subject to subsection (d), for purposes of subsection (b)(2), an allowable taking, possession, or transportation is any of the following: Taking, possessing, or transporting a covered species, or any product or part thereof, for scientific purposes, to rehabilitate an injured animal, or to enhance the propagation or survival of the covered species, by a— public museum; scientific society; wildlife sanctuary, preserve, or rehabilitation facility; or zoological park that is accredited by the Association of Zoos and Aquariums. Subject to subparagraph (B), taking of bison to control overpopulation in a specific geographic area, as determined necessary by the Secretary. Prior to making a determination under subparagraph
(A)with respect to a taking of a bison, the Secretary shall determine, in consultation with the applicable Committee, that the bison cannot be relocated to support efforts under section 8 to reintroduce bison on— Tribal land; or usual and accustomed areas where federally recognized Indian Tribes have treaty reserved rights on Federal land. Subject to subparagraph (B), taking of a grizzly bear or wolf during such time and in such location as the Secretary determines to be essential to protect agricultural interests or public safety in the location. Prior to making a determination under subparagraph
(A)with respect to a taking— the Governor of the State in which the taking will occur shall request, in writing, that the Secretary make the determination; the Secretary shall conclude that situationally appropriate nonlethal measures have been consistently used in the location and proven ineffective to mitigate the threat of the covered species to agricultural interests or public safety; and the Secretary shall determine, in consultation with the applicable Committee, that, for any grizzly bear or wolf which poses a threat to agricultural interests, the grizzly bear or wolf cannot be relocated to support— efforts under section 8 to reintroduce grizzly bears and wolves on— Tribal land; or usual and accustomed areas where federally recognized Indian Tribes have treaty reserved rights on Federal land; or recovery efforts for the populations of the covered species listed as a threatened species or an endangered species under section 4 of the Endangered Species Act of 1973 ( 16 U.S.C. 1533 ). The Secretary may not issue a permit under subsection
(a)for an allowable use described in subsection (c)(1) if the taking of the covered species would cause the total mortality for any population or subpopulation of the covered species to exceed the scientifically recommended limit, as determined by the applicable Committee. Any person issued a permit under subsection
(a)may not sell, transfer, assign, or otherwise alienate the authority granted to the person by the permit. Taking, possessing, or transporting a covered species, or any product or part thereof, with a permit issued under subsection
(a)shall be conducted in a manner consistent with the conditions of that permit. A permit issued under section 10(a) of the Endangered Species Act of 1973 ( 16 U.S.C. 1539(a) ) for a covered species shall be treated as a permit issued under subsection (a).
Connectionstraces to 2
Traces to 2 documents
Citation graph
cites case law
Cites 2Cited by 0 across 0 sources