Big Cats and Public Safety Protection Act - Amends the Lacey Act Amendments of 1981 to prohibit any person from importing, exporting, transporting, selling, receiving, acquiring, purchasing in interstate or foreign commerce, breeding, or possessing any prohibited wildlife species (current law prohibits importing, exporting, transporting, selling, receiving, acquiring, or purchasing such a species in interstate or foreign commerce). Includes among exemptions to such prohibition the breeding transportation, or possession of such species by authorized persons.
Defines "breeding" as facilitating the propagation or reproduction (whether intentionally or negligently), or failing to prevent the propagation or reproduction, of a prohibited wildlife species or other animal.
Removes from the list of persons authorized to import, export, transport, sell, receive, acquire, purchase, breed, or possess such species a person that is licensed or registered, and inspected, by the Animal and Plant Health Inspection Service (APHIS) or any other federal agency with respect to such species. Includes in such list:
Establishes civil and criminal penalties and forfeiture requirements for violations of this Act.
[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1998 Introduced in House (IH)]
113th CONGRESS
1st Session
H. R. 1998
To amend the Lacey Act Amendments of 1981 to clarify provisions enacted
by the Captive Wildlife Safety Act, to further the conservation of
certain wildlife species, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
May 15, 2013
Mr. McKeon (for himself and Ms. Loretta Sanchez of California)
introduced the following bill; which was referred to the Committee on
Natural Resources
_______________________________________________________________________
A BILL
To amend the Lacey Act Amendments of 1981 to clarify provisions enacted
by the Captive Wildlife Safety Act, to further the conservation of
certain wildlife species, 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 ``Big Cats and Public Safety
Protection Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) The global illicit trade in wildlife may be worth up to
$20,000,000,000 annually and the value of legal wildlife trade
in the United States was recently estimated at $2,800,000,000
annually.
(2) The illegal trade in prohibited wildlife species (as
defined in section 2(g) of the Lacey Act Amendments of 1981 (16
U.S.C. 3371(g)) stimulates demand and expands markets in which
those species can be illegally sold.
(3) The private possession, breeding, and sale of
prohibited wildlife species has a substantial and detrimental
effect on the health and general welfare of the people of the
United States and on the conservation of the species
themselves.
(4) Private possession and breeding of prohibited wildlife
species have a substantial and direct effect on interstate
commerce because prohibited wildlife species are frequently
bred and possessed to be used in public exhibition or for sale
or transfer of ownership in the exotic pet trade, and are often
transported in interstate commerce for these purposes.
(5) Private possession and breeding of prohibited wildlife
species contributes to the interstate traffic in those species
and may contribute to illegal international wildlife trade.
(6) Prohibited wildlife species in private possession, or
distributed intrastate, are fungible commodities that cannot be
differentiated, in terms of control, from prohibited wildlife
species possessed or distributed interstate.
(7) It is exceedingly difficult to distinguish between
prohibited wildlife species that are possessed, bred, sold, or
transported in interstate commerce from those that have not
been.
(8) Federal control of the intrastate private possession
and breeding of prohibited wildlife species is essential to the
effective control of the interstate incidents of traffic in
prohibited wildlife species.
(9) The United States is a party to the Convention on
International Trade in Endangered Species of Wild Fauna and
Flora, which was designed to protect species of wild fauna and
flora against overexploitation through international trade.
SEC. 3. DEFINITIONS.
(a) In General.--Section 2 of the Lacey Act Amendments of 1981 (16
U.S.C. 3371) is amended--
(1) by redesignating subsections (a) through (k) as
subsections (b) through (l), respectively;
(2) by inserting before subsection (b) (as so redesignated)
the following:
``(a) Breed.--The term `breed' means to facilitate the propagation
or reproduction (whether intentionally or negligently), or to fail to
prevent the propagation or reproduction, of a prohibited wildlife
species or other animal.''; and
(3) by adding at the end the following:
``(m) Traveling Circus.--The term `traveling circus' means an
exhibitor holding a Class C license issued under the Animal Welfare Act
(7 U.S.C. 2131 et seq.).''.
(b) Conforming Amendments.--
(1) Consolidated farm and rural development act.--Section
349(a)(3) of the Consolidated Farm and Rural Development Act (7
U.S.C. 1997(a)(3)) is amended by striking ``section 2(a)'' and
inserting ``section 2(b)''.
(2) Lacey act amendments of 1981.--
(A) Section 3(e)(2)(C) of the Lacey Act Amendments
of 1981 (16 U.S.C. 3372(e)(2)(C)) is amended--
(i) in clause (ii), by striking ``section
2(g)'' and inserting ``section 2(h)''; and
(ii) in clause (iii), by striking ``section
2(g)'' and inserting ``section 2(h)''.
(B) Section 7(c) of the Lacey Act Amendments of
1981 (16 U.S.C. 3376(c)) is amended by striking
``section 2(f)(2)(A)'' and inserting ``section
2(g)(2)(A)''.
SEC. 4. PROHIBITIONS.
Section 3(a) of the Lacey Act Amendments of 1981 (16 U.S.C.
3372(a)) is amended--
(1) in paragraph (2)--
(A) in subparagraph (A), by striking the semicolon
at the end and inserting ``; or'';
(B) in subparagraph (B)(iii), by striking ``; or''
and inserting a semicolon; and
(C) by striking subparagraph (C);
(2) in paragraph (3)(B)(iii), by striking ``; or'' and
inserting a semicolon;
(3) by redesignating paragraph (4) as paragraph (5);
(4) by inserting after paragraph (3) the following:
``(4) subject to subsection (e), to import, export,
transport, sell, receive, acquire, or purchase in interstate or
foreign commerce, or to breed or possess, any prohibited
wildlife species; or''; and
(5) in paragraph (5), (as so redesignated), by striking
``(1) through (3)'' and inserting ``(1) through (4)''.
SEC. 5. NONAPPLICABILITY OF OFFENSES.
(a) In General.--Section 3(e) of the Lacey Act Amendments of 1981
(16 U.S.C. 3372(e)) is amended--
(1) by striking paragraph (1) and inserting the following:
``(1) In general.--Subsection (a)(4) shall not apply to--
``(A) the importation, exportation, transportation,
sale, receipt, acquisition, purchase, breeding, or
possession of an animal of a prohibited wildlife
species, by any person that, under any regulation
promulgated under paragraph (3), is described in
subparagraph (A), (B), (C), (D), or (F) of paragraph
(2) with respect to that species; and
``(B) the transportation or possession of an animal
of a prohibited wildlife species, by a person that,
under any regulation promulgated under paragraph (3),
is described in paragraph (2)(E) with respect to that
species.''; and
(2) in paragraph (2)--
(A) by striking subparagraph (A) and inserting the
following:
``(A) is an institution accredited by the
Association of Zoos and Aquariums (AZA) or certified
related facilities that coordinate with an AZA Species
Survival Plan for breeding of species listed as
threatened or endangered pursuant to the provision of
law codified at section 1533 of title 16, United States
Code;'';
(B) in subparagraph (C)--
(i) by striking ``is an accredited'' and
inserting ``is a'';
(ii) in clause (iii), by striking ``and'';
(iii) in clause (iv), by striking ``or''
and inserting ``and''; and
(iv) by adding at the end the following:
``(v) does not allow the transportation and
display of animals off-site;'';
(C) in subparagraph (D), by striking the period at
the end and inserting ``; or''; and
(D) by adding at the end the following:
``(E) is in possession of any animal of any
prohibited wildlife species, that--
``(i) is born before the date of enactment
of this subparagraph; and
``(ii) not later than 180 days after the
date on which regulations are promulgated
implementing this subparagraph, is registered
with the Animal and Plant Health Inspection
Service; or
``(F) is a traveling circus that--
``(i) regularly travels in interstate
commerce to conduct performances featuring live
prohibited wildlife species and multiple
trained human entertainers, including clowns
and acrobats;
``(ii) does not allow members of the public
to be in direct contact with or unsafe
proximity to a prohibited wildlife species of
any age, including offering photographic
opportunities or interactive sessions; and
``(iii) during the 3-year period preceding
the date of the enactment of this subparagraph,
has not been determined by the Secretary of
Agriculture to have violated the Animal Welfare
Act (7 U.S.C. 2131 et seq.) by reason of
jeopardizing the health and well-being of a
prohibited wildlife species, including
jeopardizing such health and well-being by
providing--
``(I) inappropriate veterinary
care;
``(II) inappropriate handling of
the species causing stress or trauma to
the species or a threat to public
safety; or
``(III) insufficient food, water,
shelter, or space.''.
(b) Regulations.--Not later than 180 days after the date of
enactment of this Act, the Secretary of the Interior, acting through
the Director of the United States Fish and Wildlife Service, and the
Secretary of Agriculture, acting through the Administrator of the
Animal and Plant Health Inspection Service, shall promulgate
regulations implementing the amendments made by this section.
SEC. 6. PENALTIES.
(a) Civil Penalties.--Section 4(a)(1) of the Lacey Act Amendments
of 1981 (16 U.S.C. 3373(a)(1)) is amended--
(1) by inserting ``(a)(4),'' after ``subsections''; and
(2) by striking ``subsection (d)'' and inserting
``subsection (a)(4), (d),''.
(b) Criminal Penalties.--Section 4(d) of the Lacey Act Amendments
of 1981 (16 U.S.C. 3373(d)) is amended--
(1) in paragraph (1)--
(A) in subparagraph (A), by striking ``or'' after
the comma at the end;
(B) in subparagraph (B), by adding ``or'' after the
comma at the end; and
(C) by inserting after subparagraph (B) the
following:
``(C) knowingly violates section 3(a)(4),''; and
(2) in paragraph (2), by inserting ``, or in the exercise
of due care should know that the conduct violates section
3(a)(4),'' after ``treaty or regulation''.
SEC. 7. FORFEITURE.
Section 5(a) of the Lacey Act Amendments of 1981 (16 U.S.C.
3374(a)) is amended--
(1) in paragraph (1), by striking ``or purchased'' and
inserting ``purchased, bred, or possessed,''; and
(2) in paragraph (2)--
(A) by striking ``or purchasing'' and inserting
``purchasing, breeding, or possessing,'' and
(B) by striking ``sale or purchase of, the offer of
sale or purchase of, or the intent to sell or
purchase'' and inserting ``importation, exportation,
transportation, sale, receipt, acquisition, purchase,
breeding, or possession of, the offer of importation,
exportation, transportation, sale, receipt,
acquisition, purchase, breeding, or possession of, or
the intent to import, export, transport, sell, receive,
acquire, purchase, breed, or possess''.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Natural Resources.
Referred to the Subcommittee on Fisheries, Wildlife, Oceans, and Insular Affairs.
Llama 3.2 · runs locally in your browser
Ask anything about this bill. The AI reads the full text to answer.
Enter to send · Shift+Enter for new line