[Congressional Record (Bound Edition), Volume 154 (2008), Part 4]
[House]
[Pages 4510-4511]
[From the U.S. 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)''.
       (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.

[[Page 4511]]


  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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