[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4122 Introduced in House (IH)]
112th CONGRESS
2d Session
H. R. 4122
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
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.
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.
The 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 United States legal
wildlife trade was recently estimated at $2,800,000,000
annually.
(2) 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.
(3) 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.
(4) 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--
(A) after breeding, many prohibited wildlife
species are transported in interstate commerce; and
(B) privately owned prohibited wildlife species
have been transported in interstate commerce before
transfer of ownership.
(5) Private ownership of prohibited wildlife species
contributes to swelling the interstate traffic in those
species.
(6) 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.
(7) 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.
(8) 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.
SEC. 3. DEFINITIONS.
Section 2 of the Lacey Act Amendments of 1981 (16 U.S.C. 3371) is
amended by adding at the end the following:
``(l) Breed.--The term `breed' means to facilitate the reproduction
of a prohibited wildlife species for commercial use.''.
SEC. 4. PROHIBITIONS.
Section 3(a) of such Act (16 U.S.C. 3372(a)) is amended--
(1) in paragraph (2)--
(A) by adding ``or'' after the semicolon at the end
of subparagraph (A); and
(B) by striking subparagraph (C);
(2) 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:
``(4) subject to subsection (e), to import, export,
transport, sell, receive, acquire, purchase, breed, possess, or
own any prohibited wildlife species; or''; and
(3) 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 such Act (16 U.S.C. 3372(e)) is
amended--
(1) by amending paragraph (1) to read as follows:
``(1) In general.--Subsection (a)(4) does not apply to--
``(A) 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
``(B) 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
(2) in paragraph (2)--
(A) by amending subparagraph (A) to read as
follows:
``(A) is a zoo accredited by the Association of
Zoos and Aquariums;''; and
(B) in subparagraph (C)--
(i) by striking ``is an accredited'';
(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 transport 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 one or more animals of
the prohibited wildlife species, that--
``(i) were born before the date of
enactment of this subparagraph; and
``(ii) 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.''.
(b) 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.
SEC. 6. PENALTIES.
(a) Civil Penalties.--Section 4(a)(1) of such Act (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 such Act (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 paragraph (4) of section
3(a),''; and
(2) 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''.
SEC. 7. FORFEITURE.
Section 5(a) of such Act (16 U.S.C. 3374(a)) is amended--
(1) in paragraph (1), by inserting ``bred, possessed,
owned,'' after ``acquired,''; and
(2) in paragraph (2)--
(A) by inserting ``breeding, possessing, owning,''
after ``acquiring,''; and
(B) by inserting ``or involved the breeding,
possession, or ownership of a prohibited wildlife
species''.
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