110 HR 4933 EH: Captive Wildlife Safety Technical U.S. House of Representatives 0 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I 110th CONGRESS 2d Session H. R. 4933 IN THE HOUSE OF REPRESENTATIVES AN ACT To amend the Lacey Act Amendments of 1981 to protect captive wildlife and to make technical corrections, and for other purposes.

1.

Short title

This Act may be cited as the Captive Wildlife Safety Technical Amendments Act of 2008.

2.

Captive wildlife safety amendments

(a)

Prohibited Acts

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

Captive Wildlife Offenses

(1)

In general

It is unlawful for any person— (A)to import, export, transport, sell, receive, acquire, or purchase in interstate or foreign commerce any live animal of any prohibited wildlife species; or (B)to attempt to commit any act described in subparagraph (A). (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 subparagraph (D)— (I)by striking the animal the first place it appears and inserting an animal of any prohibited wildlife species; and (II)by striking the animal the second place it appears and inserting that animal; (E)in paragraph (4) (as redesignated by subparagraph (A)), by striking (2) and inserting (3); (F)in paragraph (6) (as redesignated by subparagraph (A))— (i)by striking subsection (a)(2)(C) and inserting this subsection; and (ii)by striking fiscal years 2004 through 2008 and inserting fiscal years 2009 through 2013; 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)

Civil Penalties

Section 4(a) of the Lacey Act Amendments of 1981 (16 U.S.C. 3373(a)) is amended— (1)in paragraph (1), by striking subsections (b) and (d) and inserting subsections (b), (d), and (e); and (2)in paragraph (1), by striking section 3(d) and inserting subsection (d) or (e) of section 3. (c)

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

Correction of prior amendment

(1)

Correction

Section 102(c) of Public Law 100–653 (102 Stat. 3826) is amended by striking section 3(b) and inserting subsection 3(b). (2)

Effective date

This subsection shall take effect upon enactment of Public Law 100–653.

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).

Passed the House of Representatives March 31, 2008. Lorraine C. Miller, Clerk.