To amend the Lacey Act Amendments of 1981 to treat wildlife, other than birds, used or intended to be used in penned dog training activities as prohibited wildlife species under that Act, to make corrections in the provisions relating to captive wildlife offenses under that Act, and for other purposes.

Summary: Wildlife Penning Prohibition Act - Amends the Lacey Act Amendments of 1981 to add wildlife, other than birds, used or intended to be used in dog training activities (i.e., activities in which coyotes, foxes, or other wildlife species are pursued, harassed, or killed within an enclosure) to the definition of "prohibited wildlife species" for purposes of the prohibition against the sale or purchase of such species in interstate or foreign commerce.

Makes it unlawful for a person to sell or purchase a live animal of any prohibited wildlife species in interstate or foreign commerce (i.e., for pet trade purposes). Sets forth: (1) exceptions to such prohibition; and (2) civil and criminal penalties for violations of the requirements of this Act.

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Wildlife Penning Prohibition Act''.

SEC. 2. ADDITION OF WILDLIFE USED IN PENNED DOG TRAINING ACTIVITIES TO 
              DEFINITION OF PROHIBITED WILDLIFE SPECIES.

    Section 2(g) of the Lacey Act Amendments of 1981 (16 U.S.C. 
3371(g)) is amended by inserting before the period at the end ``, or 
any wildlife, other than birds, used or intended to be used in dog 
training activities in which coyotes, foxes or other wildlife species 
(other than birds) are pursued, harassed, or killed within an 
enclosure''.

SEC. 3. CAPTIVE WILDLIFE AMENDMENTS.

    (a) Prohibited Acts.--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 inserting 
                        ``or'' after the semicolon;
                            (ii) in subparagraph (B), by striking ``; 
                        or'' and inserting a semicolon; and
                            (iii) by striking subparagraph (C); and
                    (B) in paragraph (4), by inserting ``or subsection 
                (e)'' before the period; and
            (2) in subsection (e)--
                    (A) by redesignating paragraphs (2), (3), (4) and 
                (5) as paragraphs (3), (4), (5) and (6) respectively;
                    (B) by striking ``(e)'' and all that follows 
                through ``Subsection (a)(2)(C)'' in paragraph (1) and 
                inserting the following:
    ``(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'';
                    (C) in paragraph (2) (as redesignated by 
                subparagraph (A))--
                            (i) by striking ``a prohibited'' and 
                        inserting ``any prohibited'';
                            (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), by striking 
                        ``animal'' each place it appears and inserting 
                        ``prohibited wildlife species'';
                    (E) in paragraph (4) (as redesignated by 
                subparagraph (A)), by striking ``(2)'' and inserting 
                ``(3)'';
                    (F) in paragraph (6) (as redesignated by 
                subparagraph (A)), by striking ``subsection (a)(2)(C)'' 
                and inserting ``this subsection''; 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. 4. 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).