H.R. 1998 — Introduced in House

I 113th CONGRESS 1st Session H. R. 1998 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. 1. Short title This Act may be cited as the Big Cats and Public Safety Protection Act. 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. 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). 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). 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. 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. 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.