,i #aadth ,,congress #ast ,session ,h4 ,r4 #cedf ,,in ,,the ,,house ,,of ,,representatives ,september #ag1 #bjae ,mr4 ,jones 7for himself1 ,mr4 ,farenthold1 ,mr4 ,fitzpatrick1 ,mr4 ,jolly1 ,mr4 ,frelinghuysen1 ,mr4 ,upton1 ,mr4 ,lo,biondo1 and ,ms4 ,loretta ,sanchez of ,california7 introduced the following bill2 which was referred to the ,committee on ,natural ,resources ,a ,,bill ,to amend the ,lacey ,act ,amendments of #aiha to clarify provisions enacted by the ,captive ,wildlife ,safety ,act1 to further the conservation of certain wildlife species1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,big ,cat ,public ,safety ,act4 #b4 ,findings ,congress finds the following3 7#a7 ,the global illicit trade in wildlife may be worth up to #bj1jjj1jjj1jjj annually and the value of legal wildlife trade in the ,united ,states was recently estimated at #b1hjj1jjj1jjj annually4 7#b7 ,the illegal trade in prohibited wildlife species 7as defined in section #b7;g7 of the ,lacey ,act ,amendments of #aiha 7#af ,u4,s4,c4 #ccga7;g77 stimulates demand and expands markets in which those species can be illegally sold4 7#c7 ,the private possession1 breeding1 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 themselves4 7#d7 ,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 trade1 and are often transported in interstate commerce for these purposes4 7#e7 ,private possession and breeding of prohibited wildlife species contributes to the interstate traffic in those species and may contribute to illegal international wildlife trade4 7#f7 ,prohibited wildlife species in private possession1 or distributed intrastate1 are fungible commodities that cannot be differentiated1 in terms of control1 from prohibited wildlife species possessed or distributed interstate4 7#g7 ,it is exceedingly difficult to distinguish between prohibited wildlife species that are possessed1 bred1 sold1 or transported in interstate commerce from those that have not been4 7#h7 ,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 species4 7#i7 ,the ,united ,states is a party to the ,convention on ,international ,trade in ,endangered ,species of ,wild ,fauna and ,flora1 which was designed to protect species of wild fauna and flora against overexploitation through international trade4 #c4 ,definitions 7a7 ,in general ,section #b of the ,lacey ,act ,amendments of #aiha 7#af ,u4,s4,c4 #ccga7 is amended-- 7#a7 by redesignating subsections 7a7 through 7k7 as subsections 7b7 through 7l71 respectively2 and 7#b7 by inserting before subsection 7b7 7as so redesignated7 the following3 7a7 ,breed ,the term breed means to facilitate propagation or reproduction 7whether intentionally or negligently71 or to fail to prevent propagation or reproduction 4 7b7 ,conforming amendments 7#a7 ,consolidated ,farm and ,rural ,development ,act ,section #cdi7;a77#c7 of the ,consolidated ,farm and ,rural ,development ,act 7#g ,u4,s4,c4 #aiig7;a77#c77 is amended by striking section #b7;a7 and inserting section #b7;b74 7#b7 ,lacey ,act ,amendments of #aiha 7,a7 ,section #c7;e77#b77;,c7 of the ,lacey ,act ,amendments of #aiha 7#af ,u4,s4,c4 #ccgb7;e77#b77;,c77 is amended-- 7i7 in clause 7ii71 by striking section #b7;g7 and inserting section #b7;h72 and 7ii7 in clause 7iii71 by striking section #b7;g7 and inserting section #b7;h74 7,b7 ,section #g7;c7 of the ,lacey ,act ,amendments of #aiha 7#af ,u4,s4,c4 #ccgf7;c77 is amended by striking section #b7;f77#b77;,a7 and inserting section #b7;g77#b77;,a74 #d4 ,prohibitions ,section #c of the ,lacey ,act ,amendments of #aiha 7#af ,u4,s4,c4 #ccgb7 is amended-- 7#a7 in subsection 7a7-- 7,a7 in paragraph 7#b7-- 7i7 in subparagraph 7,a71 by striking the semicolon at the end and inserting 2 or2 7ii7 in subparagraph 7,b77iii71 by striking 2 or and inserting a semicolon2 and 7iii7 by striking subparagraph 7,c72 and 7,b7 in paragraph 7#d71 by striking 7#a7 through 7#c7 and inserting 7#a7 through 7#c7 or subsection 7e72 and 7#b7 by amending subsection 7e7 to read as follows3 7e7 ,captive wildlife offense 7#a7 ,in general ,it is unlawful for any person to import1 export1 transport1 sell1 receive1 acquire1 or purchase in interstate or foreign commerce1 or in a manner substantially affecting interstate or foreign commerce1 or to breed or possess1 any live animal of any prohibited wildlife species4 7#b7 ,limitation on application ,paragraph 7#a7 does not apply to any person that-- 7,a7 is an institution accredited by the ,association of ,zoos and ,aquariums2 7,b7 is a facility that-- 7i7 has an active written contract with an ,association of ,zoos and ,aquariums ,species ,survival ,plan or ,taxon ,advisory ,group for breeding of prohibited wildlife species2 and 7ii7 does not breed1 acquire1 or sell prohibited wildlife species other than the species covered by such contract2 7,c7 is a ,state college1 university1 or agency1 or ,state-licensed veterinarian2 7,d7 is a wildlife sanctuary that cares for prohibited wildlife species1 and-- 7i7 is a corporation that is exempt from taxation under section #eja7;a7 of the ,internal ,revenue ,code of #aihf and described in sections #eja7;c77#c7 and #agj7;b77#a77;,a77vi7 of such ,code2 7ii7 does not commercially trade in prohibited wildlife species1 including offspring1 parts1 and byproducts of such animals2 7iii7 does not breed the prohibited wildlife species2 7iv7 does not allow direct contact between the public and prohibited wildlife species2 and 7v7 does not allow the transportation and display of prohibited wildlife species off-site2 7,e7 has custody of the prohibited wildlife species solely for the purpose of expeditiously transporting the prohibited wildlife species to a person described in this paragraph with respect to the species2 7,f7 is in possession of a prohibited wildlife species that was born before the date of the enactment of the ,big ,cat ,public ,safety ,act1 and-- 7i7 not later than #ahj days after the date of the enactment of the ,big ,cat ,public ,safety ,act1 is registered with the ,animal and ,plant ,health ,inspection ,service2 7ii7 does not breed1 acquire1 or sell any prohibited wildlife species after the date of the enactment of such ,act2 and 7iii7 does not allow direct contact between the public and prohibited wildlife species2 or 7,g7 holds a valid ,class ,c license under the ,animal ,welfare ,act 7#g ,u4,s4,c4 #baca et seq471 and-- 7i7 regularly travels across ,state lines to conduct circus performances featuring live prohibited wildlife species1 clowns1 and aerial acts2 7ii7 engages in such travel and conduct before ,january #a1 #bjae2 and 7iii7 does not allow direct contact between the public and prohibited wildlife species4 4 #e4 ,penalties 7a7 ,civil penalties ,section #d7;a77#a7 of the ,lacey ,act ,amendments of #aiha 7#af ,u4,s4,c4 #ccgc7;a77#a77 is amended-- 7#a7 by inserting 7e71 after 7d712 and 7#b7 by inserting 1 7e71 after subsection 7d74 7b7 ,criminal penalties ,section #d7;d77#a7 of the ,lacey ,act ,amendments of #aiha 7#af ,u4,s4,c4 #ccgc7;d77#a77 is amended-- 7#a7 in subparagraph 7,a7-- 7,a7 by inserting 7e71 after 7d712 and 7,b7 by striking or after the comma at the end2 7#b7 in subparagraph 7,b7-- 7,a7 by inserting 7e71 after 7d712 and 7,b7 by adding or after the comma at the end2 and 7#c7 by inserting after subparagraph 7,b7 the following3 7,c7 knowingly violates section #c7;e71 2 and 7#d7 in the matter following subparagraph 7,b7-- 7,a7 by striking knowing that and all that follows through treaty or regulation12 7,b7 by striking said2 and 7,c7 by inserting before the period or prohibited wildlife species concerned4 #f4 ,forfeiture of prohibited wildlife species ,section #e7;a77#a7 of the ,lacey ,act ,amendments of #aiha 7#af ,u4,s4,c4 #ccgd7;a77#a77 is amended by inserting bred1 possessed1 before imported1 exported14 #g4 ,administration ,section #g7;a7 of the ,lacey ,act ,amendments of #aiha 7#af ,u4,s4,c4 #ccgf7;a77 is amended by adding at the end the following3 7#c7 ,the ,secretary shall1 in consultation with other relevant ,federal and ,state agencies1 promulgate any regulations necessary to implement section #c7;e74 4