I 

113TH CONGRESS 

1ST SESSION H. R. 1998 

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. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 15, 2013 

Mr. MCKEON (for himself and Ms. LORETTA SANCHEZ of California) introduced the following bill; which was referred to the Committee on Natural 

Resources 

A BILL 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Big Cats and Public 

5 Safety Protection Act’’. 

6 SEC. 2. FINDINGS. 

7 Congress finds the following: 


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1 (1) The global illicit trade in wildlife may be 

2 worth up to $20,000,000,000 annually and the value 

3 of legal wildlife trade in the United States was re4 cently estimated at $2,800,000,000 annually. 

5 (2) The illegal trade in prohibited wildlife spe6 cies (as defined in section 2(g) of the Lacey Act 

7 Amendments of 1981 (16 U.S.C. 3371(g)) stimu8 lates demand and expands markets in which those 

9 species can be illegally sold. 

10 (3) The private possession, breeding, and sale 

11 of prohibited wildlife species has a substantial and 

12 detrimental effect on the health and general welfare 

13 of the people of the United States and on the con14 servation of the species themselves. 

15 (4) Private possession and breeding of prohib16 ited wildlife species have a substantial and direct ef17 fect on interstate commerce because prohibited wild18 life species are frequently bred and possessed to be 

19 used in public exhibition or for sale or transfer of 

20 ownership in the exotic pet trade, and are often 

21 transported in interstate commerce for these pur22 poses. 

23 (5) Private possession and breeding of prohib24 ited wildlife species contributes to the interstate 


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1 traffic in those species and may contribute to illegal 

2 international wildlife trade. 

3 (6) Prohibited wildlife species in private posses4 sion, or distributed intrastate, are fungible commod5 ities that cannot be differentiated, in terms of con6 trol, from prohibited wildlife species possessed or 

7 distributed interstate. 

8 (7) It is exceedingly difficult to distinguish be9 tween prohibited wildlife species that are possessed, 

10 bred, sold, or transported in interstate commerce 

11 from those that have not been. 

12 (8) Federal control of the intrastate private 

13 possession and breeding of prohibited wildlife species 

14 is essential to the effective control of the interstate 

15 incidents of traffic in prohibited wildlife species. 

16 (9) The United States is a party to the Conven17 tion on International Trade in Endangered Species 

18 of Wild Fauna and Flora, which was designed to 

19 protect species of wild fauna and flora against over20 exploitation through international trade. 

21 SEC. 3. DEFINITIONS. 

22 (a) IN GENERAL.—Section 2 of the Lacey Act 

23 Amendments of 1981 (16 U.S.C. 3371) is amended— 

24 (1) by redesignating subsections (a) through (k) 

25 as subsections (b) through (l), respectively; 


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1 (2) by inserting before subsection (b) (as so re2 designated) the following: 

3 ‘‘(a) BREED.—The term ‘breed’ means to facilitate 

4 the propagation or reproduction (whether intentionally or 

5 negligently), or to fail to prevent the propagation or repro6 duction, of a prohibited wildlife species or other animal.’’; 

7 and 

8 (3) by adding at the end the following: 

9 ‘‘(m) TRAVELING CIRCUS.—The term ‘traveling cir10 cus’ means an exhibitor holding a Class C license issued 

11 under the Animal Welfare Act (7 U.S.C. 2131 et seq.).’’. 

12 (b) CONFORMING AMENDMENTS.— 

13 (1) CONSOLIDATED FARM AND RURAL DEVEL14 OPMENT ACT.—Section 349(a)(3) of the Consoli15 dated Farm and Rural Development Act (7 U.S.C. 

16 1997(a)(3)) is amended by striking ‘‘section 2(a)’’ 

17 and inserting ‘‘section 2(b)’’. 

18 (2) LACEY ACT AMENDMENTS OF 1981.— 

19 (A) Section 3(e)(2)(C) of the Lacey Act 

20 Amendments of 1981 (16 U.S.C. 

21 3372(e)(2)(C)) is amended— 

22 (i) in clause (ii), by striking ‘‘section 

23 2(g)’’ and inserting ‘‘section 2(h)’’; and 

24 (ii) in clause (iii), by striking ‘‘section 

25 2(g)’’ and inserting ‘‘section 2(h)’’. 


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1 (B) Section 7(c) of the Lacey Act Amend2 ments of 1981 (16 U.S.C. 3376(c)) is amended 

3 by striking ‘‘section 2(f)(2)(A)’’ and inserting 

4 ‘‘section 2(g)(2)(A)’’. 

5 SEC. 4. PROHIBITIONS. 

6 Section 3(a) of the Lacey Act Amendments of 1981 

7 (16 U.S.C. 3372(a)) is amended— 

8 (1) in paragraph (2)— 

9 (A) in subparagraph (A), by striking the 

10 semicolon at the end and inserting ‘‘; or’’; 

11 (B) in subparagraph (B)(iii), by striking ‘‘; 

12 or’’ and inserting a semicolon; and 

13 (C) by striking subparagraph (C); 

14 (2) in paragraph (3)(B)(iii), by striking ‘‘; or’’ 

15 and inserting a semicolon; 

16 (3) by redesignating paragraph (4) as para17 graph (5); 

18 (4) by inserting after paragraph (3) the fol19 lowing: 

20 ‘‘(4) subject to subsection (e), to import, export, 

21 transport, sell, receive, acquire, or purchase in inter22 state or foreign commerce, or to breed or possess, 

23 any prohibited wildlife species; or’’; and 


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1 (5) in paragraph (5), (as so redesignated), by 

2 striking ‘‘(1) through (3)’’ and inserting ‘‘(1) 

3 through (4)’’. 

4 SEC. 5. NONAPPLICABILITY OF OFFENSES. 

5 (a) IN GENERAL.—Section 3(e) of the Lacey Act 

6 Amendments of 1981 (16 U.S.C. 3372(e)) is amended— 

7 (1) by striking paragraph (1) and inserting the 

8 following: 

9 ‘‘(1) IN GENERAL.—Subsection (a)(4) shall not 

10 apply to— 

11 ‘‘(A) the importation, exportation, trans12 portation, sale, receipt, acquisition, purchase, 

13 breeding, or possession of an animal of a pro14 hibited wildlife species, by any person that, 

15 under any regulation promulgated under para16 graph (3), is described in subparagraph (A), 

17 (B), (C), (D), or (F) of paragraph (2) with re18 spect to that species; and 

19 ‘‘(B) the transportation or possession of an 

20 animal of a prohibited wildlife species, by a per21 son that, under any regulation promulgated 

22 under paragraph (3), is described in paragraph 

23 (2)(E) with respect to that species.’’; and 

24 (2) in paragraph (2)— 


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1 (A) by striking subparagraph (A) and in2 serting the following: 

3 ‘‘(A) is an institution accredited by the As4 sociation of Zoos and Aquariums (AZA) or cer5 tified related facilities that coordinate with an 

6 AZA Species Survival Plan for breeding of spe7 cies listed as threatened or endangered pursu8 ant to the provision of law codified at section 

9 1533 of title 16, United States Code;’’; 

10 (B) in subparagraph (C)— 

11 (i) by striking ‘‘is an accredited’’ and 

12 inserting ‘‘is a’’; 

13 (ii) in clause (iii), by striking ‘‘and’’; 

14 (iii) in clause (iv), by striking ‘‘or’’ 

15 and inserting ‘‘and’’; and 

16 (iv) by adding at the end the fol17 lowing: 

18 ‘‘(v) does not allow the transportation 

19 and display of animals off-site;’’; 

20 (C) in subparagraph (D), by striking the 

21 period at the end and inserting ‘‘; or’’; and 

22 (D) by adding at the end the following: 

23 ‘‘(E) is in possession of any animal of any 

24 prohibited wildlife species, that— 


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1 ‘‘(i) is born before the date of enact2 ment of this subparagraph; and 

3 ‘‘(ii) not later than 180 days after the 

4 date on which regulations are promulgated 

5 implementing this subparagraph, is reg6 istered with the Animal and Plant Health 

7 Inspection Service; or 

8 ‘‘(F) is a traveling circus that— 

9 ‘‘(i) regularly travels in interstate 

10 commerce to conduct performances fea11 turing live prohibited wildlife species and 

12 multiple trained human entertainers, in13 cluding clowns and acrobats; 

14 ‘‘(ii) does not allow members of the 

15 public to be in direct contact with or un16 safe proximity to a prohibited wildlife spe17 cies of any age, including offering photo18 graphic opportunities or interactive ses19 sions; and 

20 ‘‘(iii) during the 3-year period pre21 ceding the date of the enactment of this 

22 subparagraph, has not been determined by 

23 the Secretary of Agriculture to have vio24 lated the Animal Welfare Act (7 U.S.C. 

25 2131 et seq.) by reason of jeopardizing the 


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1 health and well-being of a prohibited wild2 life species, including jeopardizing such 

3 health and well-being by providing— 

4 ‘‘(I) inappropriate veterinary 

5 care; 

6 ‘‘(II) inappropriate handling of 

7 the species causing stress or trauma 

8 to the species or a threat to public 

9 safety; or 

10 ‘‘(III) insufficient food, water, 

11 shelter, or space.’’. 

12 (b) REGULATIONS.—Not later than 180 days after 

13 the date of enactment of this Act, the Secretary of the 

14 Interior, acting through the Director of the United States 

15 Fish and Wildlife Service, and the Secretary of Agri16 culture, acting through the Administrator of the Animal 

17 and Plant Health Inspection Service, shall promulgate 

18 regulations implementing the amendments made by this 

19 section. 

20 SEC. 6. PENALTIES. 

21 (a) CIVIL PENALTIES.—Section 4(a)(1) of the Lacey 

22 Act Amendments of 1981 (16 U.S.C. 3373(a)(1)) is 

23 amended— 

24 (1) by inserting ‘‘(a)(4),’’ after ‘‘subsections’’; 

25 and 


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1 (2) by striking ‘‘subsection (d)’’ and inserting 

2 ‘‘subsection (a)(4), (d),’’. 

3 (b) CRIMINAL PENALTIES.—Section 4(d) of the 

4 Lacey Act Amendments of 1981 (16 U.S.C. 3373(d)) is 

5 amended— 

6 (1) in paragraph (1)— 

7 (A) in subparagraph (A), by striking ‘‘or’’ 

8 after the comma at the end; 

9 (B) in subparagraph (B), by adding ‘‘or’’ 

10 after the comma at the end; and 

11 (C) by inserting after subparagraph (B) 

12 the following: 

13 ‘‘(C) knowingly violates section 3(a)(4),’’; 

14 and 

15 (2) in paragraph (2), by inserting ‘‘, or in the 

16 exercise of due care should know that the conduct 

17 violates section 3(a)(4),’’ after ‘‘treaty or regula18 tion’’. 

19 SEC. 7. FORFEITURE. 

20 Section 5(a) of the Lacey Act Amendments of 1981 

21 (16 U.S.C. 3374(a)) is amended— 

22 (1) in paragraph (1), by striking ‘‘or pur23 chased’’ and inserting ‘‘purchased, bred, or pos24 sessed,’’; and 

25 (2) in paragraph (2)— 


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1 (A) by striking ‘‘or purchasing’’ and in2 serting ‘‘purchasing, breeding, or possessing,’’ 

3 and 

4 (B) by striking ‘‘sale or purchase of, the 

5 offer of sale or purchase of, or the intent to sell 

6 or purchase’’ and inserting ‘‘importation, expor7 tation, transportation, sale, receipt, acquisition, 

8 purchase, breeding, or possession of, the offer 

9 of importation, exportation, transportation, 

10 sale, receipt, acquisition, purchase, breeding, or 

11 possession of, or the intent to import, export, 

12 transport, sell, receive, acquire, purchase, breed, 

13 or possess’’. 

Æ 


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