[House Report 110-551]
[From the U.S. Government Publishing Office]



110th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     110-551

======================================================================



 
        CAPTIVE WILDLIFE SAFETY TECHNICAL AMENDMENTS ACT OF 2008

                                _______
                                

 March 31, 2008.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

  Mr. Rahall, from the Committee on Natural Resources, submitted the 
                               following

                              R E P O R T

                        [To accompany H.R. 4933]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Natural Resources, to whom was referred 
the bill (H.R. 4933) to amend the Lacey Act Amendments of 1981 
to protect captive wildlife and to make technical corrections, 
and for other purposes, having considered the same, report 
favorably thereon without amendment and recommend that the bill 
do pass.

                          Purpose of the Bill

    The purpose of H.R. 4933 is to amend the Lacey Act 
Amendments of 1981 to protect captive wildlife and to make 
technical corrections, and for other purposes.

                  Background and Need for Legislation

    The Captive Wildlife Safety Act (Public Law 108-191) 
amended the Lacey Act Amendments of 1981 to make it unlawful 
for any person to import, export, transport, sell, receive, 
acquire, or purchase in interstate or foreign commerce any 
prohibited wildlife species. Such prohibited wildlife species 
include any live species of lion, tiger, leopard, cheetah, 
jaguar, and cougar. The purpose of the law was to prevent the 
sale of these species as pets. It was not until the law was 
enacted that the Fish and Wildlife Service and Department of 
Justice identified certain specific technical drafting problems 
that have made implementation and enforcement impossible. H.R. 
4933 would make the technical changes to the law needed to 
allow the original intent of the legislation to be achieved.

                            Committee Action

    H.R. 4933 was introduced on January 3, 2008 by 
Congresswoman Bordallo (D-GU). The bill was referred to the 
Committee on Natural Resources, and within the Committee to the 
Subcommittee on Fisheries, Wildlife, and Oceans. On February 
13, 2008, the Subcommittee met to mark up the bill. The 
Subcommittee forwarded the bill to the Full Committee without 
amendment by unanimous consent. On March 12, 2008, the Full 
Natural Resources Committee met to consider the bill. The bill 
was then ordered favorably reported to the House of 
Representatives by unanimous consent.

                      Section-by-Section Analysis


Section 1. Short title

    Section 1 cites this Act as the ``Captive Wildlife Safety 
Technical Amendments Act of 2008.''

Section 2. Captive Wildlife Safety amendments

    Section 2 makes technical amendments to the Lacey Act 
amendments of 1981 to allow for the full enforcement and 
implementation of the Captive Wildlife Safety Act of 2003. 
Specifically, this section clarifies that interstate or foreign 
commerce of prohibited wildlife species are subject to civil 
and criminal penalties under the Lacey Act Amendments of 1981 
by renumbering and referring to the appropriate subsections.

Section 3. Applicability provision amendment

    Section 3 strikes a subsection in the Captive Wildlife 
Safety Act that refers to a previously struck paragraph.

            Committee Oversight Findings and Recommendations

    Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of 
rule XIII of the Rules of the House of Representatives, the 
Committee on Natural Resources' oversight findings and 
recommendations are reflected in the body of this report.

                   Constitutional Authority Statement

    Article I, section 8 of the Constitution of the United 
States grants Congress the authority to enact this bill.

                    Compliance With House Rule XIII

    1. Cost of Legislation. Clause 3(d)(2) of rule XIII of the 
Rules of the House of Representatives requires an estimate and 
a comparison by the Committee of the costs which would be 
incurred in carrying out this bill. However, clause 3(d)(3)(B) 
of that rule provides that this requirement does not apply when 
the Committee has included in its report a timely submitted 
cost estimate of the bill prepared by the Director of the 
Congressional Budget Office under section 402 of the 
Congressional Budget Act of 1974.
    2. Congressional Budget Act. As required by clause 3(c)(2) 
of rule XIII of the Rules of the House of Representatives and 
section 308(a) of the Congressional Budget Act of 1974, this 
bill does not contain any new budget authority, spending 
authority, credit authority, or an increase or decrease in 
revenues or tax expenditures.
    3. General Performance Goals and Objectives. As required by 
clause 3(c)(4) of rule XIII, the general performance goal or 
objective of this bill is to amend the Lacey Act Amendments of 
1981 to protect captive wildlife and to make technical 
corrections.
    4. Congressional Budget Office Cost Estimate. Under clause 
3(c)(3) of rule XIII of the Rules of the House of 
Representatives and section 403 of the Congressional Budget Act 
of 1974, the Committee has received the following cost estimate 
for this bill from the Director of the Congressional Budget 
Office:

H.R. 4933--Captive Wildlife Safety Technical Amendments Act of 2008

    H.R. 4933 would make technical amendments to the Lacey Act, 
which governs the protection of certain wildlife species. CBO 
estimates that implementing the bill would not have a 
significant impact on the budgets of the agencies that enforce 
that act, primarily the U.S. Fish and Wildlife Service and the 
Animal and Plant Health Inspection Service.
    Because the proposed technical amendments would make it 
easier to enforce the Lacey Act, enacting the bill could result 
in higher revenues from civil and criminal penalties. CBO 
estimates that any additional revenues would total less than 
$500,000 a year. Some of those revenues might be available for 
expenditure without further appropriation; such spending would 
offset a portion of the additional revenues.
    H.R. 4933 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 Theresa Gullo, Deputy Assistant 
Director for Budget Analysis.

                    Compliance With Public Law 104-4

    This bill contains no unfunded mandates.

                           Earmark Statement

    H.R. 4933 does not contain any congressional earmarks, 
limited tax benefits, or limited tariff benefits as defined in 
clause 9(d), 9(e) or 9(f) of rule XXI.

                Preemption of State, Local or Tribal Law

    This bill is not intended to preempt any state, local or 
tribal law.

         Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, 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) * * *
          (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));]

           *       *       *       *       *       *       *

  [(e) Nonapplicability of Prohibited Wildlife Species 
Offense.--
          [(1) In general.--Subsection (a)(2)(C)]
  (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 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)] (3) with respect to 
        that species.
          [(2)] (3) Persons described.--A person is described 
        in this paragraph, if the person--
                  (A) * * *

           *       *       *       *       *       *       *

                  (C) is an accredited wildlife sanctuary that 
                cares for prohibited wildlife species and--
                          (i) * * *
                          (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] an animal of 
                any prohibited wildlife species solely for the 
                purpose of expeditiously transporting [the 
                animal] that animal 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] fiscal years 2009 
        through 2013.
          (7) Application.--This subsection shall apply 
        beginning on the effective date of regulations 
        promulgated under this subsection.

SEC. 4. PENALTIES AND SANCTIONS.

  (a) Civil Penalties.--
          (1) Any person who engages in conduct prohibited by 
        any provision of this Act (other than subsections [(b) 
        and (d)] (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, may be 
        assessed a civil penalty by the Secretary of not more 
        than $10,000 for each such violation: Provided, That 
        when the violation involves fish or wildlife or plants 
        with a market value of less than $350, and involves 
        only the transportation, acquisition, or receipt of 
        fish or wildlife or plants taken or possessed in 
        violation of any law, treaty, or regulation of the 
        United States, any Indian tribal law, any foreign law, 
        or any law or regulation of any State, the penalty 
        assessed shall not exceed the maximum provided for 
        violation of said law, treaty, or regulation, and any 
        person who knowingly violates [section 3(d)] subsection 
        (d) or (e) of section 3, or $10,000, whichever is less.

           *       *       *       *       *       *       *

  (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 subsections 
                [(b) and (d)] (b), (d), and (e) of section 3 of 
                section 3), or
                  (B) violates any provision of this Act (other 
                than subsections [(b) and (d)] (b), (d), and 
                (e) of section 3 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 
        subsections [(b) and (d)] (b), (d), and (e) of section 
        3 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)] 
        subsection (d) or (e) of section 3--
                  (A) * * *

           *       *       *       *       *       *       *

                              ----------                              


              SECTION 102 OF THE ACT OF NOVEMBER 14, 1988

                          (Public Law 100-653)

 AN ACT To reauthorize and amend certain wildlife laws, and for other 
                               purposes.

SEC. 102. PENALTY.

  (a) * * *

           *       *       *       *       *       *       *

  (c) Conforming Amendments.--Section 4 is amended in 
subsections (a)(1), (d)(1)(A), (d)(1)(B), and (d)(2) by 
striking ``(other than [section 3(b)] subsection 3(b))'' each 
place those words appear and inserting in lieu thereof ``(other 
than subsections (b) and (d) of section 3)''.

           *       *       *       *       *       *       *

                              ----------                              -


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--
          (1) * * *

           *       *       *       *       *       *       *

  [(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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