[Congressional Record Volume 154, Number 49 (Monday, March 31, 2008)]
[House]
[Pages H1781-H1782]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
{time} 1430
CAPTIVE WILDLIFE SAFETY TECHNICAL AMENDMENTS ACT OF 2008
Mr. ABERCROMBIE. Madam Speaker, I move to suspend the rules and pass
the bill (H.R. 4933) to amend the Lacey Act Amendments of 1981 to
protect captive wildlife and to make technical corrections, as amended.
The Clerk read the title of the bill.
The text of the bill is as follows:
H.R. 4933
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)''; 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)''.
[[Page H1782]]
(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).
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Hawaii (Mr. Abercrombie) and the gentleman from Utah (Mr. Bishop) each
will control 20 minutes.
The Chair recognizes the gentleman from Hawaii.
General Leave
Mr. ABERCROMBIE. Madam Speaker, I ask unanimous consent that all
Members may have 5 days to revise and extend their remarks and include
extraneous material on the bill under consideration.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Hawaii?
There was no objection.
Mr. ABERCROMBIE. Madam Speaker, I yield myself such time as I may
consume.
H.R. 4933, the Captive Wildlife Safety Technical Amendments Act of
2008, was introduced by my colleague from Guam (Ms. Bordallo). As Mr.
Kennedy indicated, unfortunately, she cannot be here in person at the
moment because she is on her way here from Guam, but hopefully will
arrive before the end of the proceedings. Coming as I do, Madam
Speaker, on a 5,000 mile one-way commute, I have a lot of empathy and
sympathy for her journey. But the issue before us today is very, very
important both to her and to Members of the House and, by extension,
the Nation.
The Captive Wildlife Safety Act, Public Law 108-191, amended the
Lacey Act Amendments of 1981, and that made it unlawful for any person
to import, export, transport, sell, receive, acquire, or purchase in
interstate or foreign commerce any prohibited wildlife species.
After the law was enacted, the Fish and Wildlife Service and the
Department of Justice identified technical drafting problems that made
full implementation and enforcement impossible. H.R. 4933 would make
those technical changes to the law needed to allow the original intent
of the legislation to be achieved.
Madam Speaker, on a personal note, I might add that, under Chairman
Pombo, I had the privilege of traveling with him to Africa for the
CITES, Convention on International Treaty on Endangered Species, so we
could see with our own eyes what the consequences are by not having
legislation like this correctly in place. The wildlife species are
totally dependent upon human beings as the stewards of this planet and,
most certainly, as the stewards of their welfare and for the salvation
of endangered species, not just in our country, but overseas as well.
Therefore, I ask Members on both sides to support passage of this
noncontroversial bill.
May I say also, Madam Speaker, what a privilege it is to be on the
floor with Mr. Bishop of Utah. I have the honor of serving with him on
the Resources Committee, and have always valued his insight and
perspective.
I reserve the balance of my time.
Mr. BISHOP of Utah. I appreciate those kind words, and I will try to
be as introspective as I possibly can here.
Public Law 108-191 made it illegal to buy, sell, or trade certain
large exotic cats in interstate or foreign commerce. These include
cheetahs, cougars, jaguars, leopards, lions, tigers, and bears, oh my.
The measure did not ban the private ownership of these cats, and
specific exemptions were provided for qualified aquariums, circuses,
sanctuaries, and zoos.
In the 5 years that this law has been enacted, the U.S. Fish and
Wildlife Service has been unable to prosecute anyone because of
drafting deficiencies; so, I would urge an ``aye'' vote on H.R. 4933.
I yield back the balance of my time.
Mr. ABERCROMBIE. I yield back the balance of my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from Hawaii (Mr. Abercrombie) that the House suspend the
rules and pass the bill, H.R. 4933, as amended.
The question was taken; and (two-thirds being in the affirmative) the
rules were suspended and the bill, as amended, was passed.
A motion to reconsider was laid on the table.
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