110 HR 6988 IH: Wildlife Penning Prohibition Act U.S. House of Representatives 2008-09-22 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. 6988 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.

1.

Short title

This Act may be cited as the Wildlife Penning Prohibition Act.

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.

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.

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).