[Senate Report 108-172]
[From the U.S. Government Publishing Office]



                                                       Calendar No. 320
108th Congress                                                   Report
                                 SENATE
 1st Session                                                    108-172
======================================================================
 
                  CAPTIVE WILDLIFE SAFETY ACT OF 2003

                                _______
                                

                October 23, 2003.--Ordered to be printed

                                _______
                                

    Mr. Inhofe, from the Committee on Environment and Public Works, 
                        submitted the following

                              R E P O R T

                         [To accompany S. 269]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Environment and Public Works, to which was 
referred a bill (S. 269) to amend the Lacey Act Amendments of 
1981 to further the conservation of certain wildlife species, 
having considered the same, reports favorably thereon and 
recommends that the bill, as amended, do pass.

                    General Statement and Background

    In the early 1900's, Congress recognized the need to 
support States in protecting their game animals and birds by 
prohibiting the interstate shipment of wildlife killed in 
violation of State or territorial laws. Today this legislation 
is known as the Lacey Act, named for its principal sponsor, 
U.S. Representative John Fletcher Lacey, R-Iowa. Most 
significantly amended in 1981, the Lacey Act makes it unlawful 
to import, export, transport, sell, buy, or possess fish, 
wildlife, or plants taken, possessed, transported, or sold in 
violation of any Federal, State, foreign or Native American 
tribal law, treaty, or regulation. The Act covers all fish and 
wildlife and their parts or products and plants under the 
Conventions on International Trade in Endangered Species of 
Wild Fauna and Flora, which makes trafficking in illegally 
acquired wildlife a Federal crime.
    However the Lacey Act does not explicitly address the 
problem of the increasing trade in large cat species.
    The large cat species-lion, tiger, leopard, cheetah, 
jaguar, and cougar-are extremely effective predators, capable 
in the wild of taking down prey twice their own size. Severe 
damage to the prey's nervous system through the vertebral 
column, massive blood loss, and nearly instant suffocation all 
contribute to the prey's certain, and nearly immediate, death. 
They are hunters by nature and, regardless of whether they were 
raised in captivity; it is impossible to predict when they will 
revert to extinct.
    Contemporary experts on large cat behavior and physiology 
note that humans are not part of the large cats' natural diet, 
largely because they have learned to treat humans as another 
predator and to be wary of the dangers of human activity, i.e., 
hunting and habitat encroachment. When large cats and humans do 
share territory or interact, usually because of human activity, 
any number of reasons, including hunger, can cause large cats 
to attack and inflict serious injuries. They are wild creatures 
that are never completely tamed, nor are they totally 
predictable; even if they have lived their entire lives with 
humans.
    The ownership of large cat species has dramatically 
increased in popularity. It is estimated that thousands of 
large cat species are kept as pets in the United States. This 
increase is due, in part, to Internet sales and auctions. This 
increase in popularity has raised concerns regarding the public 
safety as well as the welfare of the big cats.
    As the cats are often purchased when young, many owners are 
ill equipped for the high maintenance of the mature cats. Too 
often, the owners lack the resources and veterinary knowledge 
these grown cats entail. In the hands of untrained exotic-pet 
fanciers or roadside zoo owners, large cats are not only a 
danger to people but are victims themselves. Additionally, 
often the burden of care goes to already strained sanctuary and 
humane societies after the cats are abandoned because they are 
too dangerous or too expensive. Over the past 10 years, there 
have been thousands of incidents of injury and death documented 
involving many different wild animals. According to the Captive 
Wild Animal Protection Coalition, in the past 5 years there 
have been 123 incidents involving large cats-87 injuries or 
death to adults and children and 38 animal escapes.
    Nineteen States (Alabama, Alaska, California, Colorado, 
Connecticut, Florida, Georgia, Hawaii, Illinois, Maryland, 
Massachusetts, Michigan, Nebraska, New Hampshire, New Mexico, 
Tennessee, Utah, Vermont, and Wyoming) prohibit the private 
possession of large cats. Sixteen States (Arizona, Delaware, 
Indiana, Maine, Mississippi, New Jersey, New York, North 
Dakota, Oklahoma, Oregon, Pennsylvania, Rhode Island, South 
Dakota, Texas, Virginia and Montana) have a partial ban on 
possession of large cats or require permits. Fifteen States 
(Arkansas, Idaho, Iowa, Kansas, Kentucky, Louisiana, Minnesota, 
Missouri, Nevada, North Carolina, Ohio, South Carolina, 
Washington, West Virginia and Wisconsin) do not address the 
issue of private ownership of large cats, or allow it.

                     Objectives of the Legislation

    The Captive Wildlife Safety Act prohibits the interstate 
and foreign commerce of large cats. The Act amends the Lacey 
Act to include under its ``prohibited wildlife species'' 
designation any live species of lion, tiger, leopard, cheetah, 
jaguar, or cougar, or any hybrid thereof. The Lacey Act 
prohibits any person to import, export, transport, sell, 
receive acquire, or purchase in interstate or foreign commerce 
any prohibited wildlife species. This legislation does not 
apply to any licensed, registered, and federally inspected 
exhibitor (zoos, circuses, etc.) or research facility. It also 
exempts sanctuaries, humane societies, animal shelters, or 
societies for the prevention of cruelty to animals that meet 
specified criteria.

                      Section-by-Section Analysis

Section 1. Short Title
    This Section cites the Act as the ``Captive Wildlife Safety 
Act''.
Sec. 2. Definition of Prohibited Wildlife Species

                                SUMMARY

    This Section defines prohibited wildlife species as any 
live species of lion, tiger, leopard, cheetah, jaguar, or 
cougar, or hybrid thereof.

                               DISCUSSION

    For purposes of this section, ``prohibited wildlife 
species'' is meant to be inclusive. The large cats prohibited 
include eight species in five genera: lion (Panthera leo), 
tiger (Panthera tigris), leopard (Panther pardus, and including 
the snow leopard (Uncia uncia) and the clouded leopard 
(Neofelis nebulosa)), cheetah (Acinonyx jubatus), jaguar 
(Panthera onca), and cougar (Felis concolor). Hybrids resulting 
from the breeding of any combination of any of the prohibited 
wildlife species, as defined in this Section, are also 
included.
Sec. 3. Prohibited Acts

                                SUMMARY

    This Section amends Section 3 of the Lacey Act Amendments 
of 1981 to include a list of individuals or organizations to be 
exempt from the Captive Wildlife Safety Act. The 
``Nonapplicability of Prohibited Wildlife Species Offense'' 
includes any exhibitor or research facility licensed or 
registered and inspected by a Federal agency; sanctuaries, 
humane societies, animal shelters, or societies for the 
prevention of cruelty to animals that are a 501 (c)(3) 
organization, which does not commercially trade in the large 
cat species cited in this bill (including, but not limited to, 
the sale of animals, animal parts, by-products, offspring, 
photographic opportunities, or public events with live animals 
for financial profit, or any other entertainment purpose), does 
not propagate the animals, does not allow unescorted public 
visitation or direct contact between the public and wild 
animals, and where animals are not taken from the sanctuary or 
enclosures for exhibition, and which maintain exceptional 
standards of animal care; any State college, university, or 
agency, State-licensed wildlife rehabilitator, or State-
licensed veterinarian; any federally licensed and inspected 
broker or dealer when the broker or dealer is conducting any 
brokering or dealing activity with a person referred to in this 
paragraph; and any person having custody of a wild animal 
solely for the purpose of expeditiously transporting the animal 
to a person referred to in this paragraph.
    This Section also requires that, not later than 180 days 
after enactment, the Secretary of the Interior, in cooperation 
with the Director of the Animal and Plant Health Inspection 
Service, shall promulgate regulations describing the persons or 
entities that have been exempted from the Act.
    Nothing in this Section of the Act preempts or supersedes 
the authority of a State to regulate wildlife species within 
that State.
    The Captive Safety Wildlife Act shall apply beginning on 
the effective date of regulations promulgated under section 3 
(e)(2) of the Lacey Act Amendments of 1981.

                               DISCUSSION

    While this Act prohibits the interstate commerce of large 
cat species, it recognizes those individuals and organizations 
with the expertise to care for large cat species. They would 
not be prohibited from importing, exporting, transporting, 
selling, receiving, acquiring, or purchasing in interstate or 
foreign commerce the large cat species included in this Act.
    First, those exhibitors or research facilities that are 
licensed or registered and inspected by Federal agencies (for 
those purposes contained in the licenses or registration) would 
be allowed to continue to possess large cat species.
    Second, any sanctuary, humane society, animal shelter, or 
society for the prevention of cruelty to animals that is 
protecting, not propagating, large cat species, would be 
allowed to continue to do so under this Act. While not all 
sanctuaries, humane societies, animal shelters, or societies 
for the prevention of cruelty to animals are equipped to handle 
large cat species, many are able to care for the cats, in some 
instances on an interim basis while a suitable, permanent home 
is being sought for the cat.
    Third, any State college, university, or agency, State-
licensed wildlife rehabilitator, or State-licensed veterinarian 
would be allowed to continue owning large cat species in 
compliance with State law.
    Fourth, any federally licensed and inspected broker or 
dealer who is conducting business with an individual or 
organization that is exempt from this Act, as provided in 
Section 3, could continue those activities without being in 
violation of the Lacey Act.
    Finally, any person having custody of a wild animal solely 
for the purpose of expeditiously transporting the animal to a 
person who is not prohibited from possessing an animal under 
this Section is allowed to transport that animal. Often, when 
an animal is seized and in need of a home, the organization or 
individual receiving the animal is not the same entity as the 
transporter. In that case, the transporter would not be in 
violation of the prohibition imposed under Section 2 of this 
Act, when transporting the animal.

                          Legislative History

    S. 269, the ``Captive Safety Wildlife Act'' was introduced 
on January 30, 2003, by Senator James M. Jeffords, I-Vt.
    The Committee on Environment and Public Works met to 
consider S. 269 on July 30, 2003. The committee voted the bill 
out of committee, with an amendment, by voice vote.

                      Regulatory Impact Statement

    In compliance of section 11(b) of rule XXVI of the Standing 
Rules of the Senate, the committee finds that S. 269 does not 
create any additional regulatory burdens, nor will it cause any 
adverse impact on the personal privacy of individuals.

                          Mandates Assessment

    In compliance with the Unfunded Mandates Reform Act of 1995 
(Public Law 104B4), the committee finds that S. 269 would 
impose no Federal intergovernmental unfunded mandates on State, 
local, or tribal governments.

                          Cost of Legislation

    Section 403 of the Congressional Budget and Impoundment 
Control Act requires that a statement of the cost of the 
reported bill, prepared by the Congressional Budget Office, be 
included in the report. That statement follows:

                                     U.S. Congress,
                               Congressional Budget Office,
                                 Washington, DC, September 2, 2003.

Hon. James M. Inhofe,
Chairman, Committee on Environment and Public Works, U.S. Senate, 
        Washington, DC.

    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for S. 269, the Captive 
Wildlife Safety Act.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Megan 
Carroll, who can be reached at 226-2860.
            Sincerely,
                                               Douglas Holtz-Eakin.
                              ----------                              

S. 269, Captive Wildlife Safety Act, as ordered reported by the Senate 
        Committee on Environment and Public Works on July 30, 2003
Summary
    S. 269 would amend current law to prohibit interstate and 
foreign trade of certain species of animals. CBO estimates that 
implementing the bill would cost about $4 million annually, 
assuming appropriation of the necessary amounts. The bill could 
increase direct spending and revenues, but we estimate that any 
such changes would be minimal and largely offsetting.
    S. 269 contains no intergovernmental mandates as defined in 
the Unfunded Mandates Reform Act (UMRA) and would impose no 
costs on State, local, or tribal governments.
    The bill would impose a private-sector mandate, but CBO 
estimates that the direct costs of the mandate would fall well 
below the annual threshold established in UMRA ($117 million in 
2003, adjusted annually for inflation) in any of the next 5 
years.
estimated Cost to the Federal Government
    The estimated budgetary impact of S. 269 is shown in the 
following table. The costs of this legislation fall within 
budget function 300 (natural resources and environment).

                [By Fiscal year, in millions of dollars]
------------------------------------------------------------------------
                                   2004    2005    2006    2007    2008
------------------------------------------------------------------------
 CHANGES IN SPENDING SUBJECT TO
          APPROPRIATION

Estimated Authorization Level...       4       4       4       4       4
Estimated Outlays...............       4       4       4       4       4
------------------------------------------------------------------------

Basis of Estimate
    S. 269 would amend current law to make it illegal to 
import, export, transport, sell, receive, acquire, or purchase 
species of lion, tiger, leopard, cheetah, jaguar, cougar, and 
certain hybrids. Violators of the proposed prohibition on 
interstate and foreign trade of such animals would be subject 
to criminal and civil penalties. The bill specifies certain 
types of individuals and institutions that would be exempted 
from the proposed prohibition.
    Based on information from the U.S. Fish and Wildlife 
Service (USFWS), CBO estimates that implementing S. 269 would 
cost about $4 million annually, assuming appropriation of the 
necessary amounts. That amount includes $3.5 million for 
additional staff to conduct the kinds of inspections and 
investigations that the bill would require and up to $500,000 
for administrative costs to issue permits to individuals and 
institutions that would be exempted from the proposed 
prohibition.
    S. 269 could increase revenues from civil and criminal 
fines. Based on information from the USFWS and the Animal and 
Plant Health Inspection Service (APHIS) about the relatively 
small number of cases likely to occur, however, CBO estimates 
that any such increase would be less than $500,000 annually. 
Moreover, such changes would be fully offset by increases in 
direct spending from the Crime Victims Fund (where criminal 
fines are deposited) or the resource management account of the 
USFWS (where civil fines are deposited and used for rewards to 
informers and for other program costs).
Estimated Impact on State, Local, and Tribal Governments
    S. 269 contains no intergovernmental mandates as defined in 
UMRA and would impose no costs on State, local, or tribal 
governments.
Estimated Impact on the Private Sector
    The bill would prohibit persons, with some exceptions, from 
importing, exporting, transporting, selling, receiving, 
acquiring, or purchasing in interstate or foreign commerce any 
live species of lion, tiger, leopard, cheetah, jaguar, or 
cougar or any hybrid of any of those species. At the same time, 
S. 269 would exempt several groups from the prohibition 
including: exhibitors or facilities that are licensed or 
registered and inspected by a Federal agency, certain brokers 
or dealers licensed and inspected by the Federal Government, 
certain persons licensed by the State, and other groups such as 
animal shelters, humane societies, and sanctuaries that qualify 
under the bill's criteria.
    Under current law, the Endangered Species Act already 
prohibits the interstate sale and international trade of 
tigers, leopards, cheetahs, and jaguars. In addition, the 
international trade of lions and cougars is prohibited under 
the Convention of International Trade in Endangered Species of 
Wild Fauna and Flora. According to APHIS and representatives of 
wildlife sanctuary associations, the bill would not cause 
significant new activity in the demand for licenses or 
accreditations. Further, CBO expects that the incremental costs 
to the entities that would have to comply with the requirements 
of the bill in order to deal with wild cats would not be 
substantial. Thus, CBO estimates that the costs of the mandate 
to the private sector would fall well below the annual 
threshold established in UMRA ($117 million in 2003, adjusted 
annually for inflation).
Previous CBO Estimate
    On August 28, 2003, CBO transmitted a cost estimate for 
H.R. 1006, the Captive Wildlife Safety Act, as ordered reported 
by the House Committee on Resources on July 15, 2003. S. 269 
and H.R. 1006 are substantively similar, and our cost estimates 
are the same.
    The private-sector mandates in the two bills are similar, 
and CBO estimated that the total direct costs of those mandates 
would fall well below the annual threshold for private-sector 
mandates established in UMRA.

Estimate Prepared By: Federal Costs: Megan Carroll; Impact on 
State, Local, and Tribal Governments: Marjorie Miller; Impact 
on the Private Sector: Cecil McPherson.

Estimate Approved By: Peter H. Fontaine, Deputy Assistant 
Director for Budget Analysis.

                        Changes in Existing Law

    In compliance with section 12 of rule XXVI of the Standing 
Rules of the Senate, changes in existing law made by the bill 
as reported are shown as follows: Existing law proposed to be 
omitted is enclosed in [black brackets], new matter is printed 
in italic, existing law in which no change is proposed is shown 
in roman:

                      LACEY ACT AMENDMENTS OF 1981

       [Public Law 97-79, Approved Nov. 16, 1981, 95 Stat. 1073]

AN ACT To provide for the control of illegally taken fish and wildlife.

  Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, [16 U.S.C. 
3371 note] That this Act may be cited as the ``Lacey Act 
Amendments of 1981''.

           *       *       *       *       *       *       *


SEC. 2. DEFINITIONS.

  For purposes of this Act:
  (a) * * *

           *       *       *       *       *       *       *

          (g) Prohibited wildlife species.--The term 
        ``prohibited wildlife species'' means--
                  (A) any live species of lion, tiger, leopard, 
                cheetah, jaguar, or cougar; and
                  (B) any live hybrid of any of those species.
  [(g)] (h) The term ``Secretary'' means, except as otherwise 
provided in the Act, the Secretary of the Interior or the 
Secretary of Commerce, as program responsibilities are vested 
pursuant to the provisions of Reorganization Plan Numbered 4 of 
1970 (84 Stat. 2090); except that with respect to the 
provisions of this Act which pertain to the importation or 
exportation of plants the term means the Secretary of 
Agriculture.
  [(h)] (i) The term ``State'' means any of the several States, 
the District of Columbia, the Commonwealth of Puerto Rico, the 
Virgin Islands, Guam, Northern Mariana Islands, American Samoa, 
and any other territory, commonwealth, or possession of the 
United States.
  [(i)] (j) The term ``taken'' means captured, killed, or 
collected.
  [(j)] (k) The term ``transport'' means to move, convey, 
carry, or ship by any means, or to deliver or receive for the 
purpose of movement, conveyance, carriage, or shipment.

           *       *       *       *       *       *       *


SEC. 3. PROHIBITED ACTS.

  (a) Offenses Other Than Marking Offenses.--It is unlawful for 
any person--
          (1) to import, export, transport, sell, receive, 
        acquire, or purchase any fish or wildlife or plant 
        taken, possessed, transported, or sold in violation of 
        any law, treaty, or regulation of the United States or 
        in violation of any Indian tribal law;
          (2) to import, export, transport, sell, receive, 
        acquire, or purchase in interstate or foreign 
        commerce--
                  (A) any fish or wildlife taken, possessed, 
                transported, or sold in violation of any law or 
                regulation of any State or in violation of any 
                foreign law, or
                  (B) any plant taken, possessed, transported, 
                or sold in violation of any law or regulation 
                of any State;
          (3) within the special maritime and territorial 
        jurisdiction of the United States (as defined in 
        section 7 of title 18, United States Code)--
                  (A) to possess any fish or wildlife taken, 
                possessed, transported, or sold in violation of 
                any law or regulation of any State or in 
                violation of any foreign law or Indian tribal 
                law[, or];
                  (B) to possess any plant taken, possessed, 
                transported, or sold in violation of any law or 
                regulation of any State; or
                  (C) any prohibited wildlife species (subject 
                to subsection (e));
          (4) to attempt to commit any act described in 
        [paragraphs (1) through (4)] paragraphs (1) through 
        (3).

           *       *       *       *       *       *       *

  (e) Nonapplicability of Prohibited Wildlife Species 
Offense.--
          (1) In general.--Subsection (a)(2)(C) does not apply 
        to--
                  (A) any exhibitor or research facility 
                licensed or registered and inspected by a 
                Federal agency;
                  (B) any sanctuary, humane society, animal 
                shelter, or society for the prevention of 
                cruelty to animals that--
                          (i)(I) is an organization described 
                        in section 501(c)(3) of the Internal 
                        Revenue Code of 1986 that is exempt 
                        from taxation under section 501(a) of 
                        that Code; and
                          (ii) is an organization described in 
                        section 170(b)(1)(A)(vi) of that Code;
                          (ii) does not engage in commercial 
                        trade of animals listed in section 2(k) 
                        (including any sale of animals, animal 
                        parts, byproducts, or offspring, 
                        exhibition of animals for photograph 
                        opportunities, or conduct of public 
                        events with live animals for financial 
                        profit or any other entertainment 
                        purpose);
                          (iii) does not propagate animals in a 
                        facility of the sanctuary, humane 
                        society, animal shelter, or society for 
                        the prevention of cruelty to animals;
                          (iv) does not--
                                  (I) allow unescorted public 
                                visitation or direct contact 
                                between the public and wild 
                                animals; or
                                  (II) take animals from a 
                                sanctuary or enclosure for 
                                exhibition; and
                          (v) maintains exceptional standards 
                        of animal care;
                  (C) any State college, university, or agency, 
                State-licensed wildlife rehabilitator, or 
                State-licensed veterinarian;
                  (D) any federally-licensed and inspected 
                broker or dealer in a case in which the broker 
                or dealer is conducting any brokering or 
                dealing activity with a person referred to in 
                this paragraph; or
                  (E) any person having custody of a wild 
                animal solely for the purpose of expeditiously 
                transporting the animal to a person referred to 
                in this paragraph.
          (2) Regulations.--Not later than 180 days after the 
        date of enactment of this subsection, the Secretary, in 
        cooperation with the Director of the Animal and Plant 
        Health Inspection Service and in consultation with the 
        heads of other relevant Federal agencies, shall 
        promulgate regulations describing the persons or 
        entities to which paragraph (1) applies.
          (3) State authority.--Nothing in this subsection 
        preempts or supersedes the authority of a State to 
        regulate wildlife species within that State.''.
  (b) Application.--Section 3(a)(2)(C) of the Lacey Act 
Amendments of 1981 (as added by subsection (a)(1)(A)(iii)) 
shall apply beginning on the effective date of regulations 
promulgated under section 3(e)(2) of that Act (as added by 
subsection (a)(2)).

           *       *       *       *       *       *       *


                                
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