APHIS. WS assumes no liability for any actions or activities conducted under this agreement except to the extent that recourse or remedies are provided by Congress under the Federal Tort Claims Act (28 U.S.C. 1346(b), 2401(b), and 2671-2680).
APHIS. WS will provide technical assistance and or direct management at times and locations for where it is determined there is a need to resolve problems caused by wildlife. Management efforts will be directed towards specific offending individuals or local groups of animals. Method selection will be based on an evaluation of selectivity, humaneness, human safety, effectiveness, legality, and practicality.
APHIS. WS has statutory authority under the Acts of March 2, 1931, 46 Stat. 1468-69, 7 U.S.C. §§ 8351-8352, as amended, and December 22, 1987, Public Law No. 100-202, § 101(k), 101 Stat. 1329-331, 7 U.S.C. § 8353. , to cooperate with States, local jurisdictions, individuals, public and private agencies, organizations, and institutions while conducting a program of wildlife services involving mammal and bird species that are reservoirs for zoonotic diseases, or animal species that are injurious and/or a nuisance to, among other things, agriculture, horticulture, forestry, animal husbandry, wildlife, and human health and safety.
APHIS. WS shall perform services set forth in the Work Plan, which is attached hereto and made a part hereof. The parties may mutually agree in writing, at any time during the term of this agreement, to amend, modify, add or delete services from the Work Plan.
APHIS. The AWA vests the Secretary of Agriculture (Secretary) with authority to administer and enforce the Act. The Secretary has further delegated this authority to the Under Secretary for Marketing and Regulatory Programs, 7 C.F.R. § 2.22. The Under Secretary for Marketing and Regulatory Programs has further delegated this authority to the Administrator of APHIS, 7 C.F.R. § 2.80. The Administrator of APHIS has further delegated this authority to the Deputy Administrator of Animal Care. APHIS has a responsibility in certain circumstances to notify the Attorney General about violations of the Act. In particular, the AWA provides:
1. “Whenever the Secretary has reason to believe that any dealer, carrier, exhibitor, or intermediate handler is dealing in stolen animals, or is placing the health of any animal in serious danger in violation of this chapter or the regulations or standards promulgated thereunder, the Secretary shall notify the Attorney General . . . .” 7 U.S.C. § 2159(a).
2. The Secretary may also refer cases to the Attorney General to enforce, and to prevent and restrain, violations of the AWA. 7 U.S.C. § 2146(c).
APHIS. WS has advised the Cooperator that other private sector service providers may be available to provide wildlife management services and notwithstanding these other options, Cooperator requests that APHIS-WS provide wildlife management services as stated under the terms of this Agreement.
APHIS. The Animal and Plant Health Inspection Service, United States De- partment of Agriculture. Bark chips. Bark fragments broken or shredded from log or branch surfaces.
APHIS. WS will cooperate with the Oregon Department of Fish and Wildlife, the U.S. Fish and Wildlife Service, Oregon Department of Transportation, Oregon Fire marshal’s Office, county and local city governments, and other entities to ensure compliance with Federal, State, and local laws and regulations.
APHIS. WS District Supervisor, Xxxxx Xxxxxxx, California North District, will supervise this project, (000) 000-0000. This project will be monitored by Xxxxxxx X. Xxxxxx, WS-California State Director, in Sacramento, California, (000) 000-0000.
