1. Short title
This Act may be cited as the “Prohibiting Threatened and Endangered Creature Trophies Act of 2019” or the “ProTECT Act of 2019”.
Prohibiting Threatened and Endangered Creature Trophies Act of 2019
A BILL
To amend the Endangered Species Act of 1973 to prohibit the taking for a trophy of any endangered or threatened species of fish or wildlife in the United States and the importation of endangered and threatened species trophies into the United States, and for other purposes.
2. Findings
The Congress finds the following:
Trophy hunting of imperiled species undermines efforts to conserve wildlife populations because trophy hunters routinely target the biggest, strongest males, and removing those individuals from the population can decrease genetic variation, decrease reproduction, alter social structures, increase infanticide, and cause unnatural evolutionary impacts.
When trophy hunting of imperiled species is sanctioned, poaching activity increases, further threatening the survival of wildlife populations.
Legal trade in wildlife parts and products can provide cover for markets for illegal trade in wildlife products, which is worth up to $20,000,000,000 annually and run by professional criminal networks linked to other transnational organized criminal activities, including trafficking in narcotics, weapons, and humans.
While the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) currently prohibits the take and import of species listed under that Act as endangered species, it does not automatically extend those protections to species listed as threatened species.
3. Prohibitions regarding taking and importing of endangered species and threatened species trophies
Prohibition of taking or importing— Section 9 of the Endangered Species Act of 1973 (16 U.S.C. 1538) is amended by adding at the end the following:
“(h) Trophies—It is unlawful for any person subject to the jurisdiction of the United States—
“(1) to take for a trophy within the United States or the territorial sea of the United States any species of fish or wildlife listed under section 4 as a threatened species; or
“(2) to import into the United States any trophy of any species of fish or wildlife listed under section 4 as a threatened species.”
Prohibition of permits— Section 10(a) of the Endangered Species Act of 1973 (16 U.S.C. 1539(a)) is amended—
in paragraph (1), by striking “The Secretary may permit” and inserting “Except as otherwise provided in this subsection, the Secretary may permit”; and
by adding at the end the following:
“(3) The Secretary may not permit or otherwise allow—
“(A) taking for a trophy any species of fish or wildlife listed under section 4; or
“(B) importing into the United States any trophy of any species of fish or wildlife listed under section 4, notwithstanding section 9(b).”
Antiques— Section 10(h)(1) of the Endangered Species Act of 1973 (16 U.S.C. 1539(h)(1)) is amended by striking “Sections 4(d), 9(a), and 9(c) do not apply” and inserting “Sections 4(d), 9(a), 9(c), and 9(h)(2) do not apply”.
by redesignating paragraph (21) as paragraph (22); and
by inserting after paragraph (20) the following:
“(21) The term “trophy” means a whole dead animal, or a readily recognizable part or derivative of an animal, that—
“(A) is raw, processed, or manufactured; and
“(B) was obtained under a hunting license or other authorization issued by any State, foreign government, or private landowner.”