[rec.hunting] Text of HR-371

lvc@cbnews.att.com (03/22/91)

From: lvc@cbnews.att.com
Below is the text of HR-371 as introduced by Congressman Marlenee.
Please contact your representatives and indicate your support for
this bill.

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102d Congress
1st Session
H.R. 371

To protect persons engaged in a lawful hunt within a national forest;
establishing an administrative civil remedy against individuals or groups
intentionally obstructing, impeding, or interfering with the conduct of a
lawful hunt; and for other purposes.

In the United States House of Representatives

January 3, 1991

Mr. Marlenee (for himself, Mr. Schulze, Mr. Clement, Mr. Dannemeyer, Mr.
DeLay, Mr. Dingell, Mr. Espy, Mr. Hancock, Mr. Hansen, Mr. Harris, Mr.
Herger, Mr. Holloway, Mr. Hunter, Mr. Johnson of South Dakota, Mr.
Lagomarsino, Mr. McCrery, Mr. Murphy, Mr. Paxon, Mr. Payne of Virginia, Mr.
Quillen, Mr. Smith of Oregon, Mr. Stump, Mr. Thomas of Georgia, Mrs.
Vucanovich, Mr. Dickinson, Mr. Emerson, Mr. Costello, Mr. Applegate, Mr.
Perkins, Mr. Laughlin, Mr. Mollihan, Mr. Stallings, Mr. Sundquist, Mr.
Ridge, Mr. Frost, Mr. Schaefer, Mr. Parker, Mr. Barton of Texas, Mr.
Kolter, and Mr. Hayes of Louisiana) introduced the following bill; which
was referred jointly to the Committees on Agriculture, Interior and Insular
Affairs, and Merchant Marine and Fisheries.

A Bill

To protect persons engaged in a lawful hunt within a national forest;
establishing an administrative civil remedy against individuals or groups
intentionally obstructing, impeding, or interfering with the conduct of a
lawful hunt; 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 "Sport Hunting Safety and Preservation Act of
1991".

Section 2. FINDINGS.

	The Congress finds that ---

		(a) sport hunting, when carried out pursuant to law, as
		implemented by the regulations of State and Federal
		wildlife management agencies, is a necessary and beneficial
		element in the proper conservation and management of
		healthy, abundant, biologically diverse wildlife resources;

		(b) sport hunters, due to a generally demonstrated concern
		with conservation of wildlife resources and preservation of
		habitat necessary for the breeding and maintenance of
		healthy wildlife populations, and through a familiarity with
		such resources gained from experience in the field, are a
		valuable asset in ensuring enlightened public input into
		decisions regarding management and maintenance programs for
		such wildlife resources and habitat;

		(c) sport hunting supports industries highly significant to
		the national economy through sales in interstate commerce
		of sporting goods, and the Federal excise taxes imposed on
		such sales provide a major source of funding for vital
		programs of wildlife conservation and management;

		(d) various individuals, groups, and entities are engaging
		in, and have announced an intent to continue to engage in,
		a variety of disruptive activities with the calculated and
		premeditated purpose of preventing and interfering with the
		conduct of lawful sport hunting within the boundaries of
		national forests and other Federal lands, which activities ---

			(1) place both sport hunter and such disruptive
			individuals or groups themselves in imminent
			jeopardy of grave physical injury or death;

			(2) disrupt the peaceful, lawful, and prudent
			conduct of wildlife population and habitat
			management programs by State and Federal wildlife
			management agencies; and

			(3) ultimately may alter the planned program
			objectives, resulting in undesirable patterns of
			activity within populations of wildlife,
			endangering the future viability of wildlife
			species, and causing damage to habitat values;

		(e) national forests comprise one important wildlife
		habitat resource which supports many large, diverse, and
		vital populations of wildlife and which offer significant
		opportunities for legal sport hunting as an important
		management tool to ensure the future viability of such
		wildlife populations;

		(f) it is the right of those citizens of the United States
		who so desire to freely enjoy lawful sport hunting in
		national forests in accordance with regulations promulgated
		by State and Federal wildlife management agencies; and

		(g) in many instances under current law, vagueness and
		ambiguity exists regarding the application of State
		statutes and enforcement activities relating to the safety
		of hunters and the legal rights of sport hunters to
		peacefully participate in lawful hunts within national
		forests and upon other Federal lands.

Section 3. OBSTRUCTION OF LAWFUL HUNTING.

	(a) It shall be a violation of this act for any person knowingly and
	with the intent of preventing the lawful hunting, taking or
	harvesting through any legal means, by another individual of
	wildlife, game, or fish to ---

		(1) obstruct, impede, or otherwise interfere with an
		individual or group engaged in a lawful hunt within
		national forests as such actions shall be defined in
		regulations promulgated by the Secretary of Agriculture;

		(2) scare, herd, harass, decoy, or otherwise engage in
		activities designed to affect wildlife on national forest
		lands for the purpose of obstructing, impeding, or
		interfering with a lawful hunt on such land as such actions
		shall be defined in regulation by the Secretary;

		(3) enter upon national forest lands for the purpose of
		obstructing, impeding, or otherwise interfering with a
		lawful hunt;

		(4) engage in activities which prevent or impede the
		reasonable and usual means and ways of access by those who
		intend to participate in a lawful hunt on National Forest
		Service property, whether such activities occur within the
		national forest or upon a public or private road, highway,
		path, trail, or other normal route of access; or

		(5) travel in interstate commerce, make user of the Federal
		mails or any instrumentality of interstate telephonic or
		electronic communications, or transport or cause to be
		transported in interstate commerce any material or item
		intended for the purpose of furthering a scheme or effort
		to obstruct, impede, or otherwise interfere with a lawful
		hunt within a national forest, or for the purpose of
		furthering the efforts of other individuals or groups in
		obstructing, impeding, or interfering with such lawful
		hunt.

		(b) It may be construed by the Secretary that participation
		by a person in more than one of the activities described in
		this section shall each and individually constitute
		separate violations, regardless of the fact that multiple
		violations are alleged as a result of one uninterrupted
		undertaking by the party or parties accused.

		(c) Any person or persons who are determined to have
		engaged in activities described in this section as
		violations of this act shall be subject to a civil penalty
		or penalties as a result of such violations as provided in
		this act.

Section 4. CIVIL PENALTY.

	Notwithstanding any other provision of law, civil penalties may be
	levied in accordance with this section and, after deduction of
	costs attributable to collection, shall be deposited into the trust
	fund established pursuant to Section 669 of Title 16, United States
	Code, to support the activities authorized therein and undertaken
	by State wildlife management agencies, or may be utilized in such
	other fashion as the Secretary may determine will enhance the
	funding and implementation the North American Waterfowl Management
	Plan or any other similar program which the Secretary determines
	will enhance wildlife management within national forest areas or on
	private or State-owned lands when such efforts will also provide a
	benefit to wildlife management objectives within national forest
	areas.

	(a) IN GENERAL. --- Any person who engages in one or more of the
	activities described in Section 3 of this act may, upon the
	complaint of the Secretary, or upon the sworn affidavit of any
	individual directly and adversely affected by such activities, be
	assessed a civil penalty of not less than $500, but not to exceed
	the sum of $5000 for each violation.

	(b) VIOLATION INVOLVING FORCE OR VIOLENCE. --- Any person who
	engages in one or more of the activities described in Section 3 of
	this act shall, upon a determination that the activity involved the
	use of force or violence, or the threatened use of force or
	violence, against the person or property of another, be assessed a
	civil penalty of not less than $1000, but not to exceed $10000 for
	each such violation.

	(c) The penalties provided by this section shall be in addition to
	and not in lieu of any other criminal or civil penalties which may
	lie against the person as a result of the activities undertaken in
	violation of this act.

	(d) PROCEDURE. --- The Secretary of Agriculture shall, upon receipt
	of a written complaint from any officer, employee, or agent of the
	Forest Service or other Federal agency, forward such complaint to
	the United States attorney for the Federal judicial district
	in which the violation is alleged to have occurred, requesting the
	Attorney General of the United States to institute a civil action
	for the imposition and collection of the civil penalty as specified
	in subsections (a) or (b) of this section.  The Secretary shall
	also forward a complaint which is based upon the sworn affidavit of
	any individual if the Secretary determines that the statement
	contains sufficient factual data to reasonably believe that a
	violation of this act has occurred.

Section 5. OTHER RELIEF.

	(a) INJUNCTIVE RELIEF. --- The head of a State agency with
	jurisdiction over fish and wildlife management, the Attorney
	General of the United States, or any person intending to
	participate in a lawful hunt on land affected with a Federal
	interest may seek injunctive relief against a violation of section
	3 of this act.

	(b) DAMAGES AND ATTORNEY'S FEES. --- Any person aggrieved by a
	violation of Section 3 of this act may, in a civil action, recover
	appropriate actual and punitive damages and reasonable attorney's
	fees as determined by the court.

	(c) STANDING. --- Any hunting or sportsman's organization which is
	recognized as a legal entity under the laws of any State shall have
	standing to bring an action referred to in this section on behalf
	of one or more of its members in lieu of separate actions brought
	individually by such members.

Section 6. DEFINITION.

	As used in this act, the term "lawful hunt" shall mean an occasion
	during which an individual, or group of individuals, are engaged
	in the taking or harvesting, or attempted taking or harvesting,
	through any legal means and during any specified legal seasons of
	any wildlife, game, or fish which activity ---

		(1) is authorized by or licensed under the law of the State
		in which it takes place, or is regulated by game or fishing
		seasons established by the State in which it takes place;
		and

		(2) is not prohibited by the laws of the United States; and

		(3) does not infringe upon any rights of owners of private
		property without securing the appropriate permission of
		such owners in advance;

Section 7. EFFECT.

	Nothing in this act shall be construed to preempt State statutes or
	local ordinances which may also provide for either civil or
	criminal penalties, or both, for persons who obstruct or otherwise
	interfere with a lawful hunt, and the bringing of an action pursuant
	to this act shall not prevent independent actions against an
	individual or entity under such State statutes or local
	ordinances.

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Copyright (C) 1991, by Lawrence V. Cipriani

This text may not be duplicated, in part or in whole, by any means, by
any persons or groups working to further animal rights.  All other
distribution is permitted.
-- 
Larry Cipriani, att!cbvox!lvc or lvc@cbvox.att.com
"Fight fire with fire, I always say" -- Bugs Bunny