II Calendar No. 197 109th CONGRESS 1st Session S. 1415 [Report No. 109–126] IN THE SENATE OF THE UNITED STATES July 18, 2005 Mr. Inhofe (for himself, Mr. Jeffords, and Mr. Chafee) introduced the following bill; which was read twice and referred to the Committee on Environment and Public Works August 31, 2005 Reported under authority of the order of the Senate of July 29, 2005, by Mr. Inhofe, with amendments Omit the part struck through and insert the part printed in italic A BILL To amend the Lacey Act Amendments of 1981 to protect captive wildlife and make technical corrections.

1.

Short title

This Act may be cited as the Captive Wildlife Safety Technical Amendment Act of 2005.

2.

Captive wildlife amendments

(a)

Prohibited acts

Section 3 of the Lacey Act Amendments of 1981 (16 U.S.C. 3372) is amended— (1)in subsection (a)— (A)in paragraph (2)— (i)in subparagraph (A), by inserting or after the semi-colonsemicolon; (ii)in subparagraph (B), by striking ; or and inserting a semi-colonsemicolon; and (iii)by striking subparagraph (C); and (B)in paragraph (4), by inserting or subsection (e) before the period; and (2)in subsection (e)— (A)by redesignating paragraphs (2), (3), (4), and (5) as paragraphs (3), (4), (5), and (6) respectively; (B)by striking (e) and all that follows through Subsection (a)(2)(C) in paragraph (1) and inserting the following: (e)

Captive wildlife offense

(1)

In General

It is unlawful for any person to import, export, transport, sell, receive, acquire, or purchase in interstate or foreign commerce any live animal of any prohibited wildlife species. (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 suparagraphsubparagraph (D), by striking animal each place it appears and inserting prohibited wildlife species; (E)in paragraph (4) (as redesignated by subparagraph (A)), by striking (2) and inserting (3); (F)in paragraph (6) (as redesignated by subparagraph (A)), by striking subsection (a)(2)(C) and inserting this subsection; 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)

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 subsection 3(b) each place it appears and inserting subsections (b), (d), and (e) of section 3; and (2)in paragraph (3), by striking section 3(d) and inserting subsections (d) and (e) of section 3.

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).

August 31, 2005 Reported with amendments