IIB 

110TH CONGRESS 

2D SESSION H. R. 4933 

IN THE SENATE OF THE UNITED STATES 

APRIL 1 (legislative day, MARCH 13), 2008 

Received; read twice and referred to the Committee on Environment and 

Public Works 

AN ACT 

To amend the Lacey Act Amendments of 1981 to protect 

captive wildlife and to make technical corrections, 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, 


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HR 4933 RFS 

1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Captive Wildlife Safety 

3 Technical Amendments Act of 2008’’. 

4 SEC. 2. CAPTIVE WILDLIFE SAFETY AMENDMENTS. 

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

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

7 (1) in subsection (a)(2)— 

8 (A) in subparagraph (A), by inserting ‘‘or’’ 

9 after the semicolon; 

10 (B) in subparagraph (B), by striking ‘‘; 

11 or’’ and inserting a semicolon; and 

12 (C) by striking subparagraph (C); and 

13 (2) in subsection (e)— 

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

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

16 respectively; and 

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

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

19 (1) and inserting the following: 

20 ‘‘(e) CAPTIVE WILDLIFE OFFENSES.— 

21 ‘‘(1) IN GENERAL.—It is unlawful for any per22 son— 

23 ‘‘(A) to import, export, transport, sell, re24 ceive, acquire, or purchase in interstate or for25 eign commerce any live animal of any prohib26 ited wildlife species; or 


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1 ‘‘(B) to attempt to commit any act de2 scribed in subparagraph (A). 

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

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

5 subparagraph (A))— 

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

7 and inserting ‘‘any’’; 

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

9 ‘‘(4)’’; and 

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

11 ‘‘(3)’’; 

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

13 subparagraph (A))— 

14 (i) in subparagraph (C)— 

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

16 striking ‘‘animals listed in section 

17 2(g)’’ each place it appears and in18 serting ‘‘prohibited wildlife species’’; 

19 and 

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

21 ‘‘animals’’ and inserting ‘‘prohibited 

22 wildlife species’’; and 

23 (ii) in subparagraph (D)— 

24 (I) by striking ‘‘the animal’’ the 

25 first place it appears and inserting 


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HR 4933 RFS 

1 ‘‘an animal of any prohibited wildlife 

2 species’’; and 

3 (II) by striking ‘‘the animal’’ the 

4 second place it appears and inserting 

5 ‘‘that animal’’; 

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

7 subparagraph (A)), by striking ‘‘(2)’’ and in8 serting ‘‘(3)’’; 

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

10 subparagraph (A))— 

11 (i) by striking ‘‘subsection (a)(2)(C)’’ 

12 and inserting ‘‘this subsection’’; and 

13 (ii) by striking ‘‘fiscal years 2004 

14 through 2008’’ and inserting ‘‘fiscal years 

15 2009 through 2013’’; and 

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

17 redesignated by subparagraph (A)) the fol18 lowing: 

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

20 apply beginning on the effective date of regulations 

21 promulgated under this subsection.’’. 

22 (b) CIVIL PENALTIES.—Section 4(a) of the Lacey 

23 Act Amendments of 1981 (16 U.S.C. 3373(a)) is amend24 ed— 


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1 (1) in paragraph (1), by striking ‘‘subsections 

2 (b) and (d)’’ and inserting ‘‘subsections (b), (d), and 

3 (e)’’; and 

4 (2) in paragraph (1), by striking ‘‘section 3(d)’’ 

5 and inserting ‘‘subsection (d) or (e) of section 3’’. 

6 (c) CRIMINAL PENALTIES.—Section 4(d) of the 

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

8 amended— 

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

10 first sentence of paragraph (2), by striking ‘‘sub11 sections (b) and (d)’’ each place it appears and in12 serting ‘‘subsections (b), (d), and (e)’’; and 

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

14 and inserting ‘‘subsection (d) or (e) of section 3’’. 

15 (d) CORRECTION OF PRIOR AMENDMENT.— 

16 (1) CORRECTION.—Section 102(c) of Public 

17 Law 100–653 (102 Stat. 3826) is amended by strik18 ing ‘‘section 3(b)’’ and inserting ‘‘subsection 3(b)’’. 

19 (2) EFFECTIVE DATE.—This subsection shall 

20 take effect upon enactment of Public Law 100–653. 

21 SEC. 3. APPLICABILITY PROVISION AMENDMENT. 

22 Section 3 of the Captive Wildlife Safety Act (117 

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

24 (1) in subsection (a), by striking ‘‘(a) IN GEN25 ERAL.—Section 3’’ and inserting ‘‘Section 3’’; and 


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1 (2) by striking subsection (b). 

Passed the House of Representatives March 31, 

2008. 

Attest: LORRAINE C. MILLER, 

Clerk. 


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