II 

Calendar No. 197 

109TH CONGRESS 

1ST SESSION S. 1415 

[Report No. 109–126] 

To amend the Lacey Act Amendments of 1981 to protect captive wildlife 

and make technical corrections. 

IN THE SENATE OF THE UNITED STATES 

JULY 18, 2005 

Mr. INHOFE (for himself, Mr. JEFFORDS, and Mr. CHAFEE) introduced the 

following bill; which was read twice and referred to the Committee on Environment and Public Works 

AUGUST 31, 2005 

Reported under authority of the order of the Senate of July 29, 2005, by Mr. 

INHOFE, with amendments 

[Omit the part struck through and insert the part printed in italic] 

A BILL 

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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•S 1415 RS

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 semi-colon semicolon; 

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

9 ‘‘; or’’ and inserting a semi-colon semi10 colon; and 

11 (iii) by striking subparagraph (C); 

12 and 

13 (B) in paragraph (4), by inserting ‘‘or sub14 section (e)’’ before the period; and 

15 (2) in subsection (e)— 

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

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

18 respectively; 

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

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

21 (1) and inserting the following: 

22 ‘‘(e) CAPTIVE WILDLIFE OFFENSE.— 

23 ‘‘(1) IN GENERAL.—It is unlawful for any per24 son to import, export, transport, sell, receive, ac25 quire, or purchase in interstate or foreign commerce 

26 any live animal of any prohibited wildlife species. 
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•S 1415 RS

1 ‘‘(2) NONAPPLICABILITY.—This subsection’’; 

2 (C) in paragraph (2) (as redesignated by 

3 subparagraph (A))— 

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

5 and inserting ‘‘any’’; 

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

7 ‘‘(4)’’; and 

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

9 ‘‘(3)’’; 

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

11 subparagraph (A))— 

12 (i) in subparagraph (C)— 

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

14 striking ‘‘animals listed in section 

15 2(g)’’ each place it appears and in16 serting ‘‘prohibited wildlife species’’; 

17 and 

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

19 ‘‘animals’’ and inserting ‘‘prohibited 

20 wildlife species’’; and 

21 (ii) in suparagraph subparagraph (D), 

22 by striking ‘‘animal’’ each place it appears 

23 and inserting ‘‘prohibited wildlife species’’; 
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•S 1415 RS

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

2 subparagraph (A)), by striking ‘‘(2)’’ and in3 serting ‘‘(3)’’; 

4 (F) in paragraph (6) (as redesignated by 

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

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

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

8 redesignated by subparagraph (A)) the fol9 lowing: 

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

11 apply beginning on the effective date of regulations 

12 promulgated under this subsection.’’. 

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

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

15 amended— 

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

17 first sentence of paragraph (2), by striking ‘‘sub18 section 3(b)’’ each place it appears and inserting 

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

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

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

22 SEC. 3. APPLICABILITY PROVISION AMENDMENT. 

23 Section 3 of the Captive Wildlife Safety Act (117 

24 Stat. 2871; Public Law 108–191) is amended— 
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1 (1) in subsection (a), by striking ‘‘(a) IN GEN2 ERAL.—Section 3’’ and inserting ‘‘Section 3’’; and 

3 (2) by striking subsection (b). 
Calendar No. 197 

109TH CONGRESS 

1ST SESSION S. 1415 

[Report No. 109–126] 

A BILL 

To amend the Lacey Act Amendments of 1981 to 

rections. protect captive wildlife and make technical corAUGUST 31, 2005 

Reported with amendments