I 

109TH CONGRESS 

1ST SESSION S. 1415 

IN THE HOUSE OF REPRESENTATIVES 

SEPTEMBER 12, 2005 

Referred to the Committee on Resources 

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: EMILY J. REYNOLDS, 

Secretary.