[Senate Report 109-126]
[From the U.S. Government Publishing Office]



                                                       Calendar No. 197
109th Congress                                                   Report
                                 SENATE
 1st Session                                                    109-126

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        CAPTIVE WILDLIFE SAFETY TECHNICAL AMENDMENT ACT OF 2005

                                _______
                                

                August 31, 2005.--Ordered to be printed

   Filed, under authority of the order of the Senate of July 29, 2005

                                _______
                                

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

                              R E P O R T

                         [To accompany S. 1415]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Environment and Public Works, to which was 
referred a bill (S. 1415) to amend the Lacey Act Amendments of 
1981 to protect captive wildlife and make technical 
corrections, having considered the same, reports favorably 
thereon with amendments 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, until the enactment of the Captive Wildlife Safety 
Act in 2004, the Lacey Act did not explicitly address the 
problem of the increasing trade in large exotic cat species.
    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.

                     Objectives of the Legislation

    S. 1415 makes technical corrections to the Lacey Act 
Amendments of 1981 and the Captive Wildlife Safety Act (CWSA) 
in order to ensure that the CWSA provisions found in 16 U.S.C 
3372 are fully enforceable. During development of the 
regulations to implement the CWSA, the U.S. Fish and Wildlife 
Service (Service) realized that enforcement of the CWSA would 
be difficult because of the provision's location within the 
Lacey Act Amendments of 1981. Specifically, the Lacey Act 
criminal wildlife trafficking prohibitions are built upon a 
two-step prohibition scheme. Each trafficking violation 
requires proof of two separate steps involving wildlife at 
issue. First, the wildlife must be taken, possessed, 
transported or sold by someone in violation of existing laws or 
treaties. Second, the wildlife must then be subsequently 
imported, exported, transported, sold, received, acquired or 
purchased. These two steps cannot be collapsed into one step or 
act committed by the defendant. As presently written, the two-
step process for violations of the CWSA is difficult to 
enforce. Therefore, based on the recommendations of the Service 
and the Department of Justice, this Act moves the CWSA 
provisions to another part of the Lacey Act to allow the CWSA 
to be fully enforceable.

                      Section-by-Section Analysis


Section 1. Short Title.

    This section provides that this Act may be cited as the 
``Captive Wildlife Safety Technical Amendment Act of 2005.''

Sec. 2. Captive Wildlife Amendments.

    This section makes technical corrections to section 3 of 
the Lacey Act Amendments of 1981 (16 U.S.C. 3372 and 3373(d)).

Sec. 3. Applicability Provision Amendment.

    This section makes technical corrections to section 3 of 
the Captive Wildlife Safety Act (117 Stat. 2871; Public Law 
108-191).

                          Legislative History

    On July 18, 2005, Senator James M. Inhofe introduced S. 
1415, which was cosponsored by Senator James Jeffords and 
Senator Lincoln Chafee. The bill was referred to the Senate 
Committee on Environment and Public Works. On July 20, 2005, 
the full committee held a business meeting and unanimously 
ordered S. 1415 to be favorably reported without amendment to 
the full Senate.

                                Hearings

    No committee hearings were held on S. 1415.

                             Rollcall Votes

    The Committee on Environment and Public Works met to 
consider S. 1415 on July 20, 2005. The committee approved S. 
1415 by unanimous consent.

                      Regulatory Impact Statement

    In compliance with section 11(b) of rule XXVI of the 
Standing Rules of the Senate, the committee finds that S. 1415 
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 104-4), the committee finds that S. 1415 would not 
impose 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:
                              ----------                              


S. 1415, Captive Wildlife Safety Technical Amendment Act of 2005, As 
        ordered reported by the Senate Committee on Environment and 
        Public Works on July 20, 2005

    S. 1415 would amend the enforcement authorities used by the 
U.S. Fish and Wildlife Service to prohibit sales and other 
transactions involving certain protected wildlife species. 
Based on information provided by that agency, CBO estimates 
that enacting this legislation would have no significant effect 
on the Federal budget. Amending the enforcement mechanisms for 
existing legal prohibitions may result in additional Federal 
revenues from criminal penalties, but we estimate that any 
amounts that would be collected (and any corresponding direct 
spending of such amounts from the Crime Victims Fund) would be 
minimal and largely offsetting.
    S. 1415 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act and 
would impose no costs on State, local, or tribal governments.
    The CBO staff contact for this estimate is Deborah Reis. 
This estimate was 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

           *       *       *       *       *       *       *



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[; or] ;
                    [(C) any prohibited wildlife species 
                (subject to subsection (e));]
            (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
            (4) to attempt to commit any act described in 
        paragraphs (1) through (3) or subsection (e).

           *       *       *       *       *       *       *

    [(e) Nonapplicability of Prohibited Wildlife Species 
Offense.--
            (1) In general.--Subsection (a)(2)(C)]
    (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 does not 
        apply to importation, exportation, transportation, 
        sale, receipt, acquisition, or purchase of an animal of 
        [a] any prohibited wildlife species, by a person that, 
        under regulations prescribed under paragraph [(3)] (4), 
        is described in paragraph (2) with respect to that 
        species.
            [(2)] (3) Persons described.--A person is described 
        in this paragraph, if the person--
                    (A) is licensed or registered, and 
                inspected, by the Animal and Plant Health 
                Inspection Service or any other Federal agency 
                with respect to that species;
                    (B) is a State college, university, or 
                agency, State-licensed wildlife rehabilitator, 
                or State-licensed veterinarian;
                    (C) is an accredited wildlife sanctuary 
                that cares for prohibited wildlife species 
                and--
                            (i) is a corporation that is exempt 
                        from taxation under section 501(a) of 
                        the Internal Revenue Code 1986 and 
                        described in sections 501(c)(3) and 
                        170(b)(1)(A)(vi) of such Code;
                            (ii) does not commercially trade in 
                        [animals listed in section 2(g)] 
                        prohibited wildlife species, including 
                        offspring, parts, and byproducts of 
                        such animals;
                            (iii) does not propagate [animals 
                        listed in section 2(g)] prohibited 
                        wildlife species; and
                            (iv) does not allow direct contact 
                        between the public and [animals] 
                        prohibited wildlife species; or
                    (D) has custody of the [animal] prohibited 
                wildlife species solely for the purpose of 
                expeditiously transporting the [animal] 
                prohibited wildlife species to a person 
                described in this paragraph with respect to the 
                species.
            [(3)] (4) 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, shall 
        promulgate regulations describing the persons described 
        in paragraph [(2)] (3).
            [(4)] (5) State authority.--Nothing in this 
        subsection preempts or supersedes the authority of a 
        State to regulate wildlife species within that State.
            [(5)] (6) Authorization of appropriations.--There 
        is authorized to be appropriated to carry out 
        [subsection (a)(2)(C)] this subsection $3,000,000 for 
        each of fiscal years 2004 through 2008.
            (7) Application.--This subsection shall apply 
        beginning on the effective date of regulations 
        promulgated under this subsection.

           *       *       *       *       *       *       *


SEC. 4. PENALTIES AND SANCTIONS.

    (a) * * *

           *       *       *       *       *       *       *

    (d) Criminal Penalties.--
            (1) Any person who--
                    (A) knowingly imports or exports any fish 
                or wildlife or plants in violation of any 
                provision of this Act (other than [subsection 
                3(b)] subsections (b), (d), and (e) of section 
                3), or
                    (B) violates any provision of this Act 
                (other than [subsection 3(b)] subsections (b), 
                (d), and (e) of section 3) by knowingly 
                engaging in conduct that involves the sale or 
                purchase of, the offer of sale or purchase of, 
                or the intent to sell or purchase, fish or 
                wildlife or plants with a market value in 
                excess of $350,
        knowing that the fish or wildlife or plants were taken, 
        possessed, transported, or sold in violation of, or in 
        a manner unlawful under, any underlying law, treaty or 
        regulation, shall be fined not more than $20,000, or 
        imprisoned for not more than five years, or both. Each 
        violation shall be a separate offense and the offense 
        shall be deemed to have been committed not only in the 
        district where the violation first occurred, but also 
        in any district in which the defendant may have taken 
        or been in possession of the said fish or wildlife or 
        plants.
            (2) Any person who knowingly engages in conduct 
        prohibited by any provision of this Act (other than 
        [subsection 3(b)] subsections (b), (d), and (e) of 
        section 3) and in the exercise of due care should know 
        that the fish or wildlife or plants were taken, 
        possessed, transported, or sold in violation of, or in 
        a manner unlawful under, any underlying law, treaty or 
        regulation shall be fined not more than $10,000, or 
        imprisoned for not more than one year, or both. Each 
        violation shall be a separate offense and the offense 
        shall be deemed to have been committed not only in the 
        district where the violation first occurred, but also 
        in any district in which the defendant may have taken 
        or been in possession of the said fish or wildlife or 
        plants.
            (3) Any person who knowingly violates [section 
        3(d)] subsections (d) and (e) of section 3--
                    (A) shall be fined under title 18, United 
                States Code, or imprisoned for not more than 5 
                years, or both, if the offense involves--
                            (i) the importation or exportation 
                        of fish or wildlife or plants; or
                            (ii) the sale or purchase, offer of 
                        sale or purchase, or commission of an 
                        act with intent to sell or purchase 
                        fish or wildlife or plants with a 
                        market value greater than $350; and
                    (B) shall be fined under title 18, United 
                States Code, or imprisoned for not more than 1 
                year, or both, if the offense does not involve 
                conduct described in subparagraph (A).

           *       *       *       *       *       *       *

                              ----------                              


                  [117 STAT. 2871; PUBLIC LAW 109-191]

CAPTIVE WILDLIFE SAFETY ACT

           *       *       *       *       *       *       *



SEC. 3. PROHIBITED ACTS.

    [(a) In General.--Section 3] Section 3 of the Lacey Act 
Amendments of 1981 (16 U.S.C. 3372) is amended--

           *       *       *       *       *       *       *

    [(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)(3) of that Act (as added by 
subsection (a)(2)).]

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