[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[S. 2541 Introduced in Senate (IS)]

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114th CONGRESS
  2d Session
                                S. 2541

To amend the Lacey Act Amendments of 1981 to clarify provisions enacted 
   by the Captive Wildlife Safety Act to further the conservation of 
                      prohibited wildlife species.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           February 11, 2016

 Mr. Blumenthal (for himself and Mr. Sanders) introduced the following 
bill; which was read twice and referred to the Committee on Environment 
                            and Public Works

_______________________________________________________________________

                                 A BILL


 
To amend the Lacey Act Amendments of 1981 to clarify provisions enacted 
   by the Captive Wildlife Safety Act to further the conservation of 
                      prohibited wildlife species.

    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 ``Big Cat Public Safety Act of 2016''.

SEC. 2. FINDINGS.

    Congress finds that--
            (1) as of February 2016--
                    (A) the global illicit trade in wildlife is 
                estimated to be worth up to $20,000,000,000 annually; 
                and
                    (B) the legal wildlife trade in the United States 
                was estimated to have a value of $2,800,000,000 
                annually;
            (2) the illegal trade in prohibited wildlife species (as 
        defined in section 2 of the Lacey Act Amendments of 1981 (16 
        U.S.C. 3371)) stimulates demand and expands markets in which 
        prohibited wildlife species are sold illegally;
            (3) private possession, breeding, and sale of prohibited 
        wildlife species have substantial and detrimental effects on--
                    (A) the health and general welfare of the people of 
                the United States; and
                    (B) the conservation of the prohibited wildlife 
                species;
            (4) the private possession and breeding of prohibited 
        wildlife species has a substantial and direct effect on 
        interstate commerce because prohibited wildlife species are 
        often--
                    (A) bred and possessed--
                            (i) for use in public exhibition; or
                            (ii) for sale or transfer of ownership in 
                        the exotic pet trade; and
                    (B) transported in interstate commerce for the 
                activities described in subparagraph (A);
            (5) the private possession and breeding of prohibited 
        wildlife species contributes to interstate trafficking in 
        prohibited wildlife species and may contribute to the 
        international illegal trade in prohibited wildlife species;
            (6) prohibited wildlife species in private possession and 
        prohibited wildlife species that are subject to intrastate 
        distribution are fungible commodities that cannot be 
        differentiated, for purposes of control, from prohibited 
        wildlife species that are subject to interstate distribution;
            (7) it is exceedingly difficult to distinguish between--
                    (A) prohibited wildlife species that have been 
                possessed, bred, sold, or transported in interstate 
                commerce; and
                    (B) prohibited wildlife species that have not been 
                possessed, bred, sold, or transported in interstate 
                commerce;
            (8) Federal control of intrastate private possession and 
        breeding of prohibited wildlife species is essential to the 
        effective control of interstate trafficking in prohibited 
        wildlife species; and
            (9) the United States is a party to the Convention on 
        International Trade in Endangered Species of Wild Fauna and 
        Flora, done at Washington March 3, 1973 (27 UST 1087; TIAS 
        8249), which was designed to protect species of wild fauna and 
        flora from exploitation through international trade.

SEC. 3. DEFINITIONS.

    (a) In General.--Section 2 of the Lacey Act Amendments of 1981 (16 
U.S.C. 3371) is amended--
            (1) by redesignating subsections (a) through (k) as 
        subsections (b) through (l), respectively; and
            (2) by inserting before subsection (b) (as so redesignated) 
        the following:
    ``(a) Breed.--The term `breed' means to intentionally or 
negligently--
            ``(1) facilitate propagation or reproduction; or
            ``(2) fail to prevent propagation or reproduction.''.
    (b) Conforming Amendments.--
            (1) Consolidated farm and rural development act.--Section 
        349(a)(3) of the Consolidated Farm and Rural Development Act (7 
        U.S.C. 1997(a)(3)) is amended by striking ``section 2(a)'' and 
        inserting ``section 2(b)''.
            (2) Lacey act amendments of 1981.--
                    (A) Section 3(e)(2)(C) of the Lacey Act Amendments 
                of 1981 (16 U.S.C. 3372(e)(2)(C)) is amended--
                            (i) in clause (ii), by striking ``section 
                        2(g)'' and inserting ``section 2(h)''; and
                            (ii) in clause (iii), by striking ``section 
                        2(g)'' and inserting ``section 2(h)''.
                    (B) Section 7(c) of the Lacey Act Amendments of 
                1981 (16 U.S.C. 3376(c)) is amended by striking 
                ``section 2(f)(2)(A)'' and inserting ``section 
                2(g)(2)(A)''.

SEC. 4. PROHIBITIONS.

    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 striking the 
                        semicolon at the end and inserting ``; or'';
                            (ii) in subparagraph (B)(iii), by striking 
                        ``; or'' and inserting a semicolon; and
                            (iii) by striking subparagraph (C); and
                    (B) in paragraph (4), by striking ``in paragraphs 
                (1) through (3).'' and inserting ``in--
                    ``(A) paragraphs (1) through (3); or
                    ``(B) subsection (e).'';
            (2) by striking subsection (e) and inserting the following:
    ``(e) Captive Wildlife Offense.--
            ``(1) In general.--It is unlawful for any person--
                    ``(A) to import, export, transport, sell, receive, 
                acquire, or purchase a live animal of any prohibited 
                wildlife species--
                            ``(i) in interstate or foreign commerce; or
                            ``(ii) in a manner substantially affecting 
                        interstate or foreign commerce; or
                    ``(B) to breed or possess a live animal of any 
                prohibited wildlife species.
            ``(2) Limitation on application.--Paragraph (1) does not 
        apply to any person that--
                    ``(A) is an institution accredited by the 
                Association of Zoos and Aquariums;
                    ``(B) is a facility that--
                            ``(i) has an active written contract with 
                        an Association of Zoos and Aquariums Species 
                        Survival Plan or Taxon Advisory Group for the 
                        breeding of prohibited wildlife species; and
                            ``(ii) does not breed, acquire, or sell 
                        prohibited wildlife species other than the 
                        prohibited wildlife species covered by a 
                        contract described in clause (i);
                    ``(C) is a State college, university, or agency, or 
                State-licensed veterinarian;
                    ``(D)(i) is a wildlife sanctuary that cares for 
                prohibited wildlife species;
                    ``(ii) is a corporation that--
                            ``(I) is exempt from taxation under section 
                        501(a) of the Internal Revenue Code of 1986; 
                        and
                            ``(II) is described in sections 501(c)(3) 
                        and 170(b)(1)(A)(vi) of that Code;
                    ``(iii) does not commercially trade in prohibited 
                wildlife species, including offspring, parts, and 
                byproducts of prohibited wildlife species;
                    ``(iv) does not breed the prohibited wildlife 
                species;
                    ``(v) does not allow direct contact between the 
                public and prohibited wildlife species; and
                    ``(vi) does not allow the transportation and 
                display of prohibited wildlife species off-site;
                    ``(E) has custody of the prohibited wildlife 
                species solely for the purpose of expeditiously 
                transporting the prohibited wildlife species to a 
                person described in this paragraph with respect to the 
                prohibited wildlife species;
                    ``(F)(i) is in possession of a prohibited wildlife 
                species that was born before the date of enactment of 
                the Big Cat Public Safety Act of 2016;
                    ``(ii) not later than 180 days after the date of 
                enactment of the Big Cat Public Safety Act of 2016, is 
                registered with the Animal and Plant Health Inspection 
                Service;
                    ``(iii) does not breed, acquire, or sell any 
                prohibited wildlife species after the date of enactment 
                of that Act; and
                    ``(iv) does not allow direct contact between the 
                public and prohibited wildlife species; or
                    ``(G)(i) holds a valid Class C license under the 
                Animal Welfare Act (7 U.S.C. 2131 et seq.);
                    ``(ii) regularly travels across State lines to 
                conduct circus performances featuring live prohibited 
                wildlife species, clowns, and aerial acts;
                    ``(iii) engaged in the travel and conduct described 
                in clause (ii) before January 1, 2015; and
                    ``(iv) does not allow direct contact between the 
                public and prohibited wildlife species.''.

SEC. 5. PENALTIES.

    (a) Civil Penalties.--Section 4(a)(1) of the Lacey Act Amendments 
of 1981 (16 U.S.C. 3373(a)(1)) is amended--
            (1) by striking ``other than subsections (b), (d),'' and 
        inserting ``other than subsections (b), (d), (e),''; and
            (2) by striking ``violates subsection (d)'' and inserting 
        ``violates subsection (d), (e),''.
    (b) Criminal Penalties.--Section 4(d)(1) of the Lacey Act 
Amendments of 1981 (16 U.S.C. 3373(d)(1)) is amended--
            (1) in subparagraph (A)--
                    (A) by inserting ``(e),'' after ``(d),''; and
                    (B) by striking ``or'' after the comma at the end;
            (2) in subparagraph (B)--
                    (A) by inserting ``(e),'' after ``(d),''; and
                    (B) by adding ``or'' after the comma at the end; 
                and
            (3) by inserting after subparagraph (B) the following:
                    ``(C) knowingly violates section 3(e),''; and
            (4) in the undesignated matter following subparagraph (C) 
        (as added by paragraph (3))--
                    (A) by striking ``knowing that'' and all that 
                follows through ``treaty or regulation,''; and
                    (B) in the second sentence, by striking ``said fish 
                or wildlife or plants'' and inserting ``fish or 
                wildlife, plants, or prohibited wildlife species 
                concerned''.

SEC. 6. FORFEITURE OF PROHIBITED WILDLIFE SPECIES.

    Section 5(a)(1) of the Lacey Act Amendments of 1981 (16 U.S.C. 
3374(a)(1)) is amended--
            (1) by striking ``or plants'' and inserting ``, plants, or 
        prohibited wildlife species bred, possessed,'';
            (2) by striking ``of this Act (other than subsection 
        3(b))'' and inserting ``(other than subsection (b) of that 
        section)''; and
            (3) by striking ``of this Act.'' and inserting a period.

SEC. 7. ADMINISTRATION.

    Section 7(a) of the Lacey Act Amendments of 1981 (16 U.S.C. 
3376(a)) is amended by adding at the end the following:
            ``(3) The Secretary, in consultation with other relevant 
        Federal and State agencies, shall promulgate any regulations 
        necessary to implement section 3(e).''.

SEC. 8. TECHNICAL CORRECTION.

    Section 4(e), and subsections (a) and (b)(2) of section 8, of the 
Lacey Act Amendments of 1981 (16 U.S.C. 3373(e), 3377) are amended by 
striking ``Fishery Conservation and Management Act of 1976'' each place 
it appears and inserting ``Magnuson-Stevens Fishery Conservation and 
Management Act''.
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