I 

110TH CONGRESS 

2D SESSION H. R. 4933 

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

and to make technical corrections, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JANUARY 3, 2008 

Ms. BORDALLO (for herself, Mr. BROWN of South Carolina, and Mr. GEORGE

MILLER of California) introduced the following bill 

JANUARY 15, 2008 

Referred to the Committee on Natural Resources 

A BILL 

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, 

3 SECTION 1. SHORT TITLE. 

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

5 Technical Amendments Act of 2008’’. 

6 SEC. 2. CAPTIVE WILDLIFE SAFETY AMENDMENTS. 

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

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


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1 (1) in subsection (a)(2)— 

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

3 after the semicolon; 

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

5 or’’ and inserting a semicolon; and 

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

7 (2) in subsection (e)— 

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

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

10 respectively; and 

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

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

13 (1) and inserting the following: 

14 ‘‘(e) CAPTIVE WILDLIFE OFFENSES.— 

15 ‘‘(1) IN GENERAL.—It is unlawful for any per16 son— 

17 ‘‘(A) to import, export, transport, sell, re18 ceive, acquire, or purchase in interstate or for19 eign commerce any live animal of any prohib20 ited wildlife species; or 

21 ‘‘(B) to attempt to commit any act de22 scribed in subparagraph (A). 

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

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

25 subparagraph (A))— 


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

2 and inserting ‘‘any’’; 

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

4 ‘‘(4)’’; and 

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

6 ‘‘(3)’’; 

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

8 subparagraph (A))— 

9 (i) in subparagraph (C)— 

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

11 striking ‘‘animals listed in section 

12 2(g)’’ each place it appears and in13 serting ‘‘prohibited wildlife species’’; 

14 and 

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

16 ‘‘animals’’ and inserting ‘‘prohibited 

17 wildlife species’’; and 

18 (ii) in subparagraph (D)— 

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

20 first place it appears and inserting 

21 ‘‘an animal of any prohibited wildlife 

22 species’’; and 

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

24 second place it appears and inserting 

25 ‘‘that animal’’; 


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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))— 

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

7 and inserting ‘‘this subsection’’; and 

8 (ii) by striking ‘‘fiscal years 2004 

9 through 2008’’ and inserting ‘‘fiscal years 

10 2009 through 2013’’; and 

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

12 redesignated by subparagraph (A)) the fol13 lowing: 

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

15 apply beginning on the effective date of regulations 

16 promulgated under this subsection.’’. 

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

18 Act Amendments of 1981 (16 U.S.C. 3373(a)) is amend19 ed— 

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

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

22 (e)’’; and 

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

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


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

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

3 amended— 

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

5 first sentence of paragraph (2), by striking ‘‘sub6 sections (b) and (d)’’ each place it appears and in7 serting ‘‘subsections (b), (d), and (e) of section 3’’; 

8 and 

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

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

11 (d) CORRECTION OF PRIOR AMENDMENT.— 

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

13 Law 100–653 (102 Stat. 3826) is amended by strik14 ing ‘‘section 3(b)’’ and inserting ‘‘subsection 3(b)’’. 

15 (2) EFFECTIVE DATE.—This subsection shall 

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

17 SEC. 3. APPLICABILITY PROVISION AMENDMENT. 

18 Section 3 of the Captive Wildlife Safety Act (117 

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

20 (1) in subsection (a), by striking ‘‘(a) IN GEN21 ERAL.—Section 3’’ and inserting ‘‘Section 3’’; and 

22 (2) by striking subsection (b). 

Æ 


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