Black Vulture Relief Act
The Black Vulture Relief Act would let livestock producers and their employees take black vultures to prevent death, injury, or destruction of livestock, even though such take is normally restricted by the Migratory Bird Treaty Act. The bill allows capturing, killing, dispersing, or transporting the vulture carcass (but prohibits using poison). It creates a reporting framework so that allowed takes are tracked and reviewed by the U.S. Fish and Wildlife Service (USFWS). A Director-appointed reporting form must be developed within 180 days, and covered persons would submit annual reports by January 31 for the prior 12 months. The reporting form cannot be more burdensome than similar forms used for permitted take under the MBTA as of the bill’s enactment.
Key Points
- 1Authorization to take black vultures: Covered persons (livestock producers or their employees actively engaged in livestock production) may take or attempt to take a black vulture that is causing or is reasonably believed to cause death, injury, or destruction to livestock, or may transport a vulture carcass in the process. Poison may not be used.
- 2Overrides MBTA in specified cases: The allowed actions are “notwithstanding” the Migratory Bird Treaty Act, meaning the MBTA’s usual restrictions do not apply to these described takes when conducted under the bill’s framework.
- 3Definitions and scope: The bill defines who is a “covered person,” what constitutes a “black vulture,” what “livestock” and a “livestock producer” are (using definitions from the Emergency Livestock Feed Assistance Act of 1988), and clarifies what “take” includes (capture, kill, disperse, or transport a carcass).
- 4Reporting requirements: Covered persons who take a black vulture in the prior 12 months must file an annual report by January 31 with the USFWS Regional Office, using a form developed by the Director.
- 5Form development and format: The Director of USFWS must develop and post a reporting form within 180 days of enactment. The form must be no more onerous than MBTA-permitted take reporting forms in place at enactment.