[117th Congress Public Law 243]
[From the U.S. Government Publishing Office]
[[Page 2335]]
BIG CAT PUBLIC SAFETY ACT
[[Page 136 STAT. 2336]]
Public Law 117-243
117th Congress
An Act
To amend the Lacey Act Amendments of 1981 to clarify provisions enacted
by the Captive Wildlife Safety Act, to further the conservation of
certain wildlife species, and for other purposes. <<NOTE: Dec. 20,
2022 - [H.R. 263]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, <<NOTE: Big Cat Public
Safety Act. 16 USC 3371 note.>>
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Big Cat Public Safety Act''.
SEC. 2. DEFINITIONS.
(a) In General.--Section 2 of the Lacey Act Amendments of 1981 (16
U.S.C. 3371) is amended--
(1) by redesignating subsections (a) through (k) as
subsections (b) through (l), respectively; and
(2) by inserting before subsection (b) (as so redesignated)
the following:
``(a) Breed.--The term `breed' means to facilitate propagation or
reproduction (whether intentionally or negligently), or to fail to
prevent propagation or reproduction.''.
(b) Conforming Amendments.--
(1) Consolidated farm and rural development act.--Section
349(a)(3) of the Consolidated Farm and Rural Development Act (7
U.S.C. 1997(a)(3)) is amended--
(A) by striking ``section 2(a)'' and inserting
``section 2''; and
(B) by striking ``3371(a)'' and inserting ``3371''.
(2) Lacey act amendments of 1981.--Section 7(c) of the Lacey
Act Amendments of 1981 (16 U.S.C. 3376(c)) is amended by
striking ``section 2(f)(2)(A)'' and inserting ``section
2(g)(2)(A)''.
SEC. 3. PROHIBITIONS.
Section 3 of the Lacey Act Amendments of 1981 (16 U.S.C. 3372) is
amended--
(1) in subsection (a)--
(A) in paragraph (2)--
(i) in subparagraph (A), by striking the
semicolon at the end and inserting ``; or'';
(ii) in subparagraph (B)(iii), by striking ``;
or'' and inserting a semicolon; and
(iii) by striking subparagraph (C); and
(B) in paragraph (4), by striking ``(1) through
(3)'' and inserting ``(1) through (3) or subsection
(e)''; and
(2) by amending subsection (e) to read as follows:
``(e) Captive Wildlife Offense.--
[[Page 136 STAT. 2337]]
``(1) In general.--Except as provided in paragraph (2), it
is unlawful for any person to--
``(A) import, export, transport, sell, receive,
acquire, or purchase in interstate or foreign commerce,
or in a manner substantially affecting interstate or
foreign commerce; or
``(B) breed or possess;
any prohibited wildlife species.
``(2) Limitation on application.--Paragraph (1) does not
apply to--
``(A) an entity exhibiting animals to the public
under a Class C license from the Department of
Agriculture, or a Federal facility registered with the
Department of Agriculture that exhibits animals, if such
entity or facility holds such license or registration in
good standing and if the entity or facility--
``(i) does not allow any individual to come
into direct physical contact with a prohibited
wildlife species, unless that individual is--
``(I) a trained professional
employee or contractor of the entity or
facility (or an accompanying employee
receiving professional training);
``(II) a licensed veterinarian (or a
veterinary student accompanying such a
veterinarian); or
``(III) <<NOTE: Public
information. Plan.>> directly
supporting conservation programs of the
entity or facility, the contact is not
in the course of commercial activity
(which may be evidenced by advertisement
or promotion of such activity or other
relevant evidence), and the contact is
incidental to humane husbandry conducted
pursuant to a species-specific, publicly
available, peer-edited population
management and care plan that has been
provided to the Secretary with
justifications that the plan--
``(aa) reflects established
conservation science principles;
``(bb) <<NOTE: Analysis.>>
incorporates genetic and
demographic analysis of a multi-
institution population of
animals covered by the plan; and
``(cc) promotes animal
welfare by ensuring that the
frequency of breeding is
appropriate for the species; and
``(ii) ensures that during public exhibition
of a lion (Panthera leo), tiger (Panthera tigris),
leopard (Panthera pardus), snow leopard (Uncia
uncia), jaguar (Panthera onca), cougar (Puma
concolor), or any hybrid thereof, the animal is at
least 15 feet from members of the public unless
there is a permanent barrier sufficient to prevent
public contact;
``(B) a State college, university, or agency, or a
State-licensed veterinarian;
``(C) a 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 of 1986 and described in sections
501(c)(3) and 170(b)(1)(A)(vi) of such Code;
[[Page 136 STAT. 2338]]
``(ii) does not commercially trade in any
prohibited wildlife species, including offspring,
parts, and byproducts of such animals;
``(iii) does not breed any prohibited wildlife
species;
``(iv) does not allow direct contact between
the public and any prohibited wildlife species;
and
``(v) does not allow the transportation and
display of any prohibited wildlife species off-
site;
``(D) has custody of any prohibited wildlife species
solely for the purpose of expeditiously transporting the
prohibited wildlife species to a person described in
this paragraph with respect to the species; or
``(E) an entity or individual that is in possession
of any prohibited wildlife species that was born before
the date of the enactment of the Big Cat Public Safety
Act, and--
``(i) <<NOTE: Deadline. Registration.>> not
later than 180 days after the date of the
enactment of the such Act, the entity or
individual registers each individual animal of
each prohibited wildlife species possessed by the
entity or individual with the United States Fish
and Wildlife Service;
``(ii) does not breed, acquire, or sell any
prohibited wildlife species after the date of the
enactment of such Act; and
``(iii) does not allow direct contact between
the public and prohibited wildlife species.''.
SEC. 4. PENALTIES.
(a) Civil Penalties.--Section 4(a)(1) of the Lacey Act Amendments of
1981 (16 U.S.C. 3373(a)(1)) is amended--
(1) by inserting ``(e),'' after ``(d),''; and
(2) by inserting ``, (e),'' after ``subsection (d)''.
(b) Criminal Penalties.--Section 4(d) of the Lacey Act Amendments of
1981 (16 U.S.C. 3373(d)) is amended--
(1) in paragraph (1)(A), by inserting ``(e),'' after
``(d),'';
(2) in paragraph (1)(B), by inserting ``(e),'' after
``(d),'';
(3) in paragraph (2), by inserting ``(e),'' after ``(d),'';
and
(4) by adding at the end the following:
``(4) Any person who knowingly violates section 3(e) shall
be fined not more than $20,000, or imprisoned for not more than
5 years, or both. Each violation shall be a separate offense and
the offense is deemed to have been committed in the district
where the violation first occurred, and in any district in which
the defendant may have taken or been in possession of the
prohibited wildlife species.''.
SEC. 5. FORFEITURE OF PROHIBITED WILDLIFE SPECIES.
Section 5(a)(1) of the Lacey Act Amendments of 1981 (16 U.S.C.
3374(a)(1)) is amended by inserting ``bred, possessed,'' before
``imported, exported,''.
SEC. 6. ADMINISTRATION.
Section 7(a) of the Lacey Act Amendments of 1981 (16 U.S.C. 3376(a))
is amended by adding at the end the following:
[[Page 136 STAT. 2339]]
``(3) <<NOTE: Regulations.>> The Secretary shall, in
consultation with other relevant Federal and State agencies,
promulgate any regulations necessary to implement section
3(e).''.
Approved December 20, 2022.
LEGISLATIVE HISTORY--H.R. 263:
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HOUSE REPORTS: No. 117-428 (Comm. on Natural Resources).
CONGRESSIONAL RECORD, Vol. 168 (2022):
July 28, 29, considered and passed House.
Dec. 6, considered and passed Senate.
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