[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4933 Introduced in House (IH)]







110th CONGRESS
  2d Session
                                H. R. 4933

 To amend the Lacey Act Amendments of 1981 to protect captive wildlife 
       and to make technical corrections, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            January 3, 2008

Ms. Bordallo (for herself, Mr. Brown of South Carolina, and Mr. George 
          Miller of California) introduced the following bill

                            January 15, 2008

             Referred to the Committee on Natural Resources

_______________________________________________________________________

                                 A BILL


 
 To amend the Lacey Act Amendments of 1981 to protect captive wildlife 
       and to make technical corrections, 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 ``Captive Wildlife Safety Technical 
Amendments Act of 2008''.

SEC. 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) of section 3''; 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.

SEC. 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).
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