109TH CONGRESS

1ST SESSION S. 1415

AN ACT

To amend the Lacey Act Amendments of 1981 to protect

captive wildlife and make technical corrections.

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 ‘‘Captive Wildlife Safety

5 Technical Amendment Act of 2005’’.
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1 SEC. 2. CAPTIVE WILDLIFE AMENDMENTS.

2 (a) PROHIBITED ACTS.—Section 3 of the Lacey Act

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

4 (1) in subsection (a)—

5 (A) in paragraph (2)—

6 (i) in subparagraph (A), by inserting

7 ‘‘or’’ after the semicolon;

8 (ii) in subparagraph (B), by striking

9 ‘‘; or’’ and inserting a semicolon; and

10 (iii) by striking subparagraph (C);

11 and

12 (B) in paragraph (4), by inserting ‘‘or sub13 section (e)’’ before the period; and

14 (2) in subsection (e)—

15 (A) by redesignating paragraphs (2), (3),

16 (4), and (5) as paragraphs (3), (4), (5), and (6)

17 respectively;

18 (B) by striking ‘‘(e)’’ and all that follows

19 through ‘‘Subsection (a)(2)(C)’’ in paragraph

20 (1) and inserting the following:

21 ‘‘(e) CAPTIVE WILDLIFE OFFENSE.—

22 ‘‘(1) IN GENERAL.—It is unlawful for any per23 son to import, export, transport, sell, receive, ac24 quire, or purchase in interstate or foreign commerce

25 any live animal of any prohibited wildlife species.

26 ‘‘(2) NONAPPLICABILITY.—This subsection’’;
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1 (C) in paragraph (2) (as redesignated by

2 subparagraph (A))—

3 (i) by striking ‘‘a’’ before ‘‘prohibited’’

4 and inserting ‘‘any’’;

5 (ii) by striking ‘‘(3)’’ and inserting

6 ‘‘(4)’’; and

7 (iii) by striking ‘‘(2)’’ and inserting

8 ‘‘(3)’’;

9 (D) in paragraph (3) (as redesignated by

10 subparagraph (A))—

11 (i) in subparagraph (C)—

12 (I) in clauses (ii) and (iii), by

13 striking ‘‘animals listed in section

14 2(g)’’ each place it appears and in15 serting ‘‘prohibited wildlife species’’;

16 and

17 (II) in clause (iv), by striking

18 ‘‘animals’’ and inserting ‘‘prohibited

19 wildlife species’’; and

20 (ii) in subparagraph (D), by striking

21 ‘‘animal’’ each place it appears and insert22 ing ‘‘prohibited wildlife species’’;

23 (E) in paragraph (4) (as redesignated by

24 subparagraph (A)), by striking ‘‘(2)’’ and in25 serting ‘‘(3)’’;
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1 (F) in paragraph (6) (as redesignated by

2 subparagraph (A)), by striking ‘‘subsection

3 (a)(2)(C)’’ and inserting ‘‘this subsection’’; and

4 (G) by inserting after paragraph (6) (as

5 redesignated by subparagraph (A)) the fol6 lowing:

7 ‘‘(7) APPLICATION.—This subsection shall

8 apply beginning on the effective date of regulations

9 promulgated under this subsection.’’.

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

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

12 amended—

13 (1) in paragraphs (1)(A) and (1)(B) and in the

14 first sentence of paragraph (2), by striking ‘‘sub15 section 3(b)’’ each place it appears and inserting

16 ‘‘subsections (b), (d), and (e) of section 3’’; and

17 (2) in paragraph (3), by striking ‘‘section 3(d)’’

18 and inserting ‘‘subsections (d) and (e) of section 3’’.

19 SEC. 3. APPLICABILITY PROVISION AMENDMENT.

20 Section 3 of the Captive Wildlife Safety Act (117

21 Stat. 2871; Public Law 108–191) is amended—

22 (1) in subsection (a), by striking ‘‘(a) IN GEN23 ERAL.—Section 3’’ and inserting ‘‘Section 3’’; and
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1 (2) by striking subsection (b).

Passed the Senate September 9, 2005.

Attest:

Secretary.
109TH CONGRESS

1ST SESSION S. 1415

AN ACT

To amend the Lacey Act Amendments of 1981 to

rections.protect captive wildlife and make technical cor-