I
112th CONGRESS
2d Session
H. R. 4122
IN THE HOUSE OF REPRESENTATIVES
March 1, 2012
Mr. McKeon (for himself, Ms. Loretta Sanchez of California, Mr. Farr, and Mr. Kucinich) 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.
Short title
This Act may be cited as the
Big Cats and Public Safety Protection
Act
.
Findings
The Congress finds the following:
The global illicit trade in wildlife may be worth up to $20,000,000,000 annually and the value of United States legal wildlife trade was recently estimated at $2,800,000,000 annually.
The illegal trade in prohibited wildlife species (as that term is defined in the Lacey Act Amendments of 1981) stimulates demand and expands markets in which those species can be illegally sold.
The private ownership of and commerce in prohibited wildlife species has a substantial and detrimental effect on the health and general welfare of the American people and on the species themselves.
Activities related to prohibited wildlife species that are not an integral part of the interstate or foreign commerce in such species, such as private ownership and possession, nonetheless have a substantial and direct effect upon interstate commerce because—
after breeding, many prohibited wildlife species are transported in interstate commerce; and
privately owned prohibited wildlife species have been transported in interstate commerce before transfer of ownership.
Private ownership of prohibited wildlife species contributes to swelling the interstate traffic in those species.
Prohibited wildlife species in private ownership or possession, or distributed intrastate, are fungible commodities that cannot be differentiated from prohibited wildlife species possessed or distributed interstate. Thus, it is not feasible to distinguish, in terms of control, between prohibited wildlife species in private ownership or possession or distributed intrastate and prohibited wildlife species possessed and distributed interstate.
Federal control of the intrastate private ownership and breeding of prohibited wildlife species is essential to the effective control of the interstate incidents of traffic in such species.
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 over-exploitation through international trade.
Definitions
Section 2 of the Lacey Act Amendments of 1981 (16 U.S.C. 3371) is amended by adding at the end the following:
Breed
The term breed means to facilitate the reproduction of a prohibited wildlife species for commercial use.
.
Prohibitions
Section 3(a) of such Act (16 U.S.C. 3372(a)) is amended—
in paragraph (2)—
by adding
or
after the semicolon at the end of subparagraph (A);
and
by striking subparagraph (C);
by striking
or
after the semicolon at the end of paragraph (3), by
redesignating paragraph (4) as paragraph (5), and by inserting after paragraph
(3) the following:
subject to subsection (e), to import, export, transport, sell, receive, acquire, purchase, breed, possess, or own any prohibited wildlife species; or
; and
in paragraph (5),
as so redesignated, by striking (1) through (3)
and inserting
(1) through (4)
.
Nonapplicability of offenses
In general
Section 3(e) of such Act (16 U.S.C. 3372(e)) is amended—
by amending paragraph (1) to read as follows:
In general
Subsection (a)(4) does not apply to—
importation, exportation, transportation, sale, receipt, acquisition, breeding, possession, ownership, or purchase of an animal of a prohibited wildlife species, by a person that, under regulations prescribed under paragraph (3), is described in subparagraph (A), (B), (C), or (D) paragraph (2) with respect to that species; and
transportation, possession, or ownership of an animal of a prohibited wildlife species, by a person that, under regulations prescribed under paragraph (3), is described in subparagraph (E) of paragraph (2) with respect to that animal.
; and
in paragraph (2)—
by amending subparagraph (A) to read as follows:
is a zoo accredited by the Association of Zoos and Aquariums;
; and
in subparagraph (C)—
by
striking is an accredited
;
in
clause (iii), by striking and
;
in
clause (iv), by striking or
and inserting and
;
and
by adding at the end the following:
does not allow the transport and display of animals off-site;
;
in subparagraph
(D), by striking the period at the end and inserting ; or
;
and
by adding at the end the following:
is in possession of one or more animals of the prohibited wildlife species, that—
were born before the date of enactment of this subparagraph; and
are registered with the Animal and Plant Health Inspection Service within 6 months after the date of promulgation of regulations implementing this subparagraph by the Secretary of the Interior and the Secretary of Agriculture.
.
Regulations
Not later than 6 months after the date of enactment of this Act the Secretary of the Interior, acting through the United States Fish and Wildlife Service, and the Secretary of Agriculture, acting through the Animal and Plant Health Inspection Service, shall promulgate regulations implementing the amendments made by this section.
Penalties
Civil penalties
Section 4(a)(1) of such Act (16 U.S.C. 3373(a)(1)) is amended—
by inserting
(a)(4),
after subsections
; and
by striking
subsection (d)
and inserting subsection (a)(4),
(d),
.
Criminal penalties
Section 4(d) of such Act (16 U.S.C. 3373(d)) is amended—
in paragraph (1)—
in subparagraph
(A), by striking or
after the comma at the end;
in subparagraph (B), by adding
or
after the comma at the end; and
by inserting after subparagraph (B) the following:
knowingly violates paragraph (4) of section 3(a),
; and
in paragraph (2),
by inserting , or in the exercise of due care should know that the
conduct violates paragraph (4) of section 3(a),
after treaty or
regulation
.
Forfeiture
Section 5(a) of such Act (16 U.S.C. 3374(a)) is amended—
in paragraph (1),
by inserting bred, possessed, owned,
after
acquired,
; and
in paragraph (2)—
by inserting
breeding, possessing, owning,
after acquiring,
;
and
by inserting
or involved the breeding, possession, or ownership of a prohibited
wildlife species
.
