U.S. Code » Title 7 » Chapter CHAPTER 109A— CONTROL OF WILD ANIMALS

7 U.S.C. § 8353

Control of nuisance mammals and birds and those constituting reservoirs of zoonotic diseases; exception

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On and after December 22, 1987, the Secretary of Agriculture is authorized, except for urban rodent control, to conduct activities and to enter into agreements with States, local jurisdictions, individuals, and public and private agencies, organizations, and institutions in the control of nuisance mammals and birds and those mammal and bird species that are reservoirs for zoonotic diseases, and to deposit any money collected under any such agreement into the appropriation accounts that incur the costs to be available immediately and to remain available until expended for Animal Damage Control activities.

Notes of Decisions
Cited in 3 cases (1 in the last 5 years), 2019–2022 · leading case: Prairie Prot. Colorado v. USDA APHIS Wildlife Servs., No. 1:19-cv-02537 (D. Colo. June 25, 2020).
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Prairie Prot. Colorado v. USDA APHIS Wildlife Servs., No. 1:19-cv-02537 (D. Colo. June 25, 2020). · cites it 5× “7 U.S.C. § 8353 (emphasis added). The nub of the parties’ dispute is the meaning of “urban rodent control.”
Prairie Prot. Colorado v. USDA APHIS Wildlife Servs., No. 1:19-cv-02537 (D. Colo. Sept. 30, 2019). · cites it 2× “7 U.S.C. § 8353 . Plaintiff argues that Commerce City is urban and a prairie dog is a rodent, so the “urban rodent control” exception obviously applies here.”
Prairie Prot. Colorado v. USDA APHIS Wildlife Servs., No. 1:21-cv-00317 (D. Colo. Dec. 13, 2022). · cites it 2× “) Plaintiffs seek a declaration that: Wildlife Services has violated and is violating the ADCA, 7 U.S.C. § 8353 , and its policy interpreting that statute, 78 Fed.”
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