II 

109TH CONGRESS 

1ST SESSION S. 1415 

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 

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’’. 

6 SEC. 2. CAPTIVE WILDLIFE AMENDMENTS. 

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

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

9 (1) in subsection (a)— 

10 (A) in paragraph (2)— 
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1 (i) in subparagraph (A), by inserting 

2 ‘‘or’’ after the semi-colon; 

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

4 ‘‘; or’’ and inserting a semi-colon; and 

5 (iii) by striking subparagraph (C); 

6 and 

7 (B) in paragraph (4), by inserting ‘‘or sub8 section (e)’’ before the period; and 

9 (2) in subsection (e)— 

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

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

12 respectively; 

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

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

15 (1) and inserting the following: 

16 ‘‘(e) CAPTIVE WILDLIFE OFFENSE.— 

17 ‘‘(1) IN GENERAL.—It is unlawful for any per18 son to import, export, transport, sell, receive, ac19 quire, or purchase in interstate or foreign commerce 

20 any live animal of any prohibited wildlife species. 

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

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

23 subparagraph (A))— 

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

25 and inserting ‘‘any’’; 
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1 (ii) by striking ‘‘(3)’’ and inserting 

2 ‘‘(4)’’; and 

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

4 ‘‘(3)’’; 

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

6 subparagraph (A))— 

7 (i) in subparagraph (C)— 

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

9 striking ‘‘animals listed in section 

10 2(g)’’ each place it appears and in11 serting ‘‘prohibited wildlife species’’; 

12 and 

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

14 ‘‘animals’’ and inserting ‘‘prohibited 

15 wildlife species’’; and 

16 (ii) in suparagraph (D), by striking 

17 ‘‘animal’’ each place it appears and insert18 ing ‘‘prohibited wildlife species’’; 

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

20 subparagraph (A)), by striking ‘‘(2)’’ and in21 serting ‘‘(3)’’; 

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

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

24 (a)(2)(C)’’ and inserting ‘‘this subsection’’; and 
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1 (G) by inserting after paragraph (6) (as 

2 redesignated by subparagraph (A)) the fol3 lowing: 

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

5 apply beginning on the effective date of regulations 

6 promulgated under this subsection.’’. 

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

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

9 amended— 

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

11 first sentence of paragraph (2), by striking ‘‘sub12 section 3(b)’’ each place it appears and inserting 

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

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

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

16 SEC. 3. APPLICABILITY PROVISION AMENDMENT. 

17 Section 3 of the Captive Wildlife Safety Act (117 

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

19 (1) in subsection (a), by striking ‘‘(a) IN GEN20 ERAL.—Section 3’’ and inserting ‘‘Section 3’’; and 

21 (2) by striking subsection (b).

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