[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6988 Introduced in House (IH)]







110th CONGRESS
  2d Session
                                H. R. 6988

To amend the Lacey Act Amendments of 1981 to treat wildlife, other than 
birds, used or intended to be used in penned dog training activities as 
prohibited wildlife species under that Act, to make corrections in the 
 provisions relating to captive wildlife offenses under that Act, and 
                          for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 22, 2008

   Mr. Holt introduced the following bill; which was referred to the 
                     Committee on Natural Resources

_______________________________________________________________________

                                 A BILL


 
To amend the Lacey Act Amendments of 1981 to treat wildlife, other than 
birds, used or intended to be used in penned dog training activities as 
prohibited wildlife species under that Act, to make corrections in the 
 provisions relating to captive wildlife offenses under that Act, 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 ``Wildlife Penning Prohibition Act''.

SEC. 2. ADDITION OF WILDLIFE USED IN PENNED DOG TRAINING ACTIVITIES TO 
              DEFINITION OF PROHIBITED WILDLIFE SPECIES.

    Section 2(g) of the Lacey Act Amendments of 1981 (16 U.S.C. 
3371(g)) is amended by inserting before the period at the end ``, or 
any wildlife, other than birds, used or intended to be used in dog 
training activities in which coyotes, foxes or other wildlife species 
(other than birds) are pursued, harassed, or killed within an 
enclosure''.

SEC. 3. 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 semicolon;
                            (ii) in subparagraph (B), by striking ``; 
                        or'' and inserting a semicolon; 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 prohibited'' and 
                        inserting ``any prohibited'';
                            (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), 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) 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.

SEC. 4. 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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