< Back to H.R. 4933 (110th Congress, 2007–2009)

Text of the Captive Wildlife Safety Technical Amendments Act of 2008

This bill was introduced in a previous session of Congress and was passed by the House on March 31, 2008 but was never passed by the Senate. The text of the bill below is as of Apr 1, 2008 (Referred to Senate Committee).

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HR 4933 RFS

110th CONGRESS

2d Session

H. R. 4933

IN THE SENATE OF THE UNITED STATES

April 1 (legislative day, March 13), 2008

Received; read twice and referred to the Committee on Environment and Public Works


AN ACT

To amend the Lacey Act Amendments of 1981 to protect captive wildlife and to make technical corrections, 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 `Captive Wildlife Safety Technical Amendments Act of 2008'.

SEC. 2. CAPTIVE WILDLIFE SAFETY AMENDMENTS.

    (a) Prohibited Acts- Section 3 of the Lacey Act Amendments of 1981 (16 U.S.C. 3372) is amended--

      (1) in subsection (a)(2)--

        (A) in subparagraph (A), by inserting `or' after the semicolon;

        (B) in subparagraph (B), by striking `; or' and inserting a semicolon; and

        (C) by striking subparagraph (C); and

      (2) in subsection (e)--

        (A) by redesignating paragraphs (2), (3), (4), and (5) as paragraphs (3), (4), (5), and (6) respectively; and

        (B) by striking `(e)' and all that follows through `Subsection (a)(2)(C)' in paragraph (1) and inserting the following:

    `(e) Captive Wildlife Offenses-

      `(1) IN GENERAL- It is unlawful for any person--

        `(A) to import, export, transport, sell, receive, acquire, or purchase in interstate or foreign commerce any live animal of any prohibited wildlife species; or

        `(B) to attempt to commit any act described in subparagraph (A).

      `(2) NONAPPLICABILITY- This subsection';

        (C) in paragraph (2) (as redesignated by subparagraph (A))--

          (i) by striking `a' before `prohibited' and inserting `any';

          (ii) by striking `(3)' and inserting `(4)'; and

          (iii) by striking `(2)' and inserting `(3)';

        (D) in paragraph (3) (as redesignated by subparagraph (A))--

          (i) in subparagraph (C)--

            (I) in clauses (ii) and (iii), by striking `animals listed in section 2(g)' each place it appears and inserting `prohibited wildlife species'; and

            (II) in clause (iv), by striking `animals' and inserting `prohibited wildlife species'; and

          (ii) in subparagraph (D)--

            (I) by striking `the animal' the first place it appears and inserting `an animal of any prohibited wildlife species'; and

            (II) by striking `the animal' the second place it appears and inserting `that animal';

        (E) in paragraph (4) (as redesignated by subparagraph (A)), by striking `(2)' and inserting `(3)';

        (F) in paragraph (6) (as redesignated by subparagraph (A))--

          (i) by striking `subsection (a)(2)(C)' and inserting `this subsection'; and

          (ii) by striking `fiscal years 2004 through 2008' and inserting `fiscal years 2009 through 2013'; and

        (G) by inserting after paragraph (6) (as redesignated by subparagraph (A)) the following:

      `(7) APPLICATION- This subsection shall apply beginning on the effective date of regulations promulgated under this subsection.'.

    (b) Civil Penalties- Section 4(a) of the Lacey Act Amendments of 1981 (16 U.S.C. 3373(a)) is amended--

      (1) in paragraph (1), by striking `subsections (b) and (d)' and inserting `subsections (b), (d), and (e)'; and

      (2) in paragraph (1), by striking `section 3(d)' and inserting `subsection (d) or (e) of section 3'.

    (c) Criminal Penalties- Section 4(d) of the Lacey Act Amendments of 1981 (16 U.S.C. 3373(d)) is amended--

      (1) in paragraphs (1)(A) and (1)(B) and in the first sentence of paragraph (2), by striking `subsections (b) and (d)' each place it appears and inserting `subsections (b), (d), and (e)'; and

      (2) in paragraph (3), by striking `section 3(d)' and inserting `subsection (d) or (e) of section 3'.

    (d) Correction of Prior Amendment-

      (1) CORRECTION- Section 102(c) of Public Law 100-653 (102 Stat. 3826) is amended by striking `section 3(b)' and inserting `subsection 3(b)'.

      (2) EFFECTIVE DATE- This subsection shall take effect upon enactment of Public Law 100-653.

SEC. 3. APPLICABILITY PROVISION AMENDMENT.

    Section 3 of the Captive Wildlife Safety Act (117 Stat. 2871; Public Law 108-191) is amended--

      (1) in subsection (a), by striking `(a) In General- Section 3' and inserting `Section 3'; and

      (2) by striking subsection (b).

Passed the House of Representatives March 31, 2008.

Attest:

LORRAINE C. MILLER,

Clerk.