under such license at least equivalent to the require-
ments and conditions of this Act.
‘‘(f) TRANSITIONAL PROVISION.—Each person in
personal possession of a protected wild animal on the ef-
fective date of this title may retain personal possession
of the animal without a permit pending the Secretary’s
consideration of the person’s application for a permit, but
only if the person applies for such a permit within one
year after that date.
‘‘SEC. 204. PERMIT PROCESS.
‘‘(a) AUTHORITY TO ISSUE.—The Secretary, acting
through the Animal and Plant Health Inspection Service,
may issue a permit for the personal possession of a pro-
tected wild animal. At the discretion of the Secretary, the
permit may also permit using the protected wild animal
covered by the permit for breeding purposes.
‘‘(b) APPLICATION.—To request a permit under this
section, a person shall submit to the Secretary an applica-
tion in such form as the Secretary may require. The appli-
cation shall contain the information and guarantees re-
quired by this section and section 205 as well as such ad-
ditional information as the Secretary may require.
‘‘(c) APPLICATION FEE.—The Secretary may charge,
assess, and cause to be collected reasonable fees to cover
the costs incurred by the Department of Agriculture to
process applications and issue permits under this section.
Amounts collected under this subsection shall be treated
in the manner provided in section 23 for other fees im-
posed under this Act.
‘‘(d) CONTENT OF APPLICATION.—An application for
a permit shall contain all of the following information with
regard to the protected wild animal for which the permit
is sought:
‘‘(1) Species.
‘‘(2) Gender.
‘‘(3) Reproductive status, including proof of
sterilization if the animal is declared to be sterilized.
‘‘(4) Age.
‘‘(5) Date acquired or to be acquired.
‘‘(6) Method of acquisition, whether an off-
spring of another protected wild animal in the per-
sonal possession of the applicant, purchase, dona-
tion, or other method.
‘‘(7) Person from whom acquired or to be ac-
quired, if the animal is not an offspring of another
protected wild animal in the personal possession of
the applicant.
‘‘(8) The name and address of the licensed vet-
erinarian who will provide veterinary care.
‘‘(9) Copies of all personal possession permits
required by State or local law for the animal.
‘‘(10) Copies of license and surety bond for the
animal in an amount determined by the Secretary,
based on the species, to compensate for the cost of
transportation and care of the animal, in the event
the animal is required to come into the custody of
Federal, State, or local authorities on a temporary
or permanent basis.
‘‘(11) Such evidence as the Secretary may re-
quire regarding the applicant’s knowledge of the
care necessary for the animal.
‘‘(e) RELATION TO STATE LAW.—The permit for a
protected wild animal is valid in any State in which the
possession of that type the wild animal is not prohibited
by State law. In any State in which State law is applicable
to the personal possession of a protected wild animal, the
application for a permit under this section shall contain
such proof of compliance with such State law as the Sec-
retary may require.
‘‘SEC. 205. REQUIRED GUARANTEES FOR PERSONAL POS-
SESSION OF PROTECTED WILD ANIMALS.
(a) ANIMAL CARE AND TREATMENT.—As a condition
on both the issuance of a permit for the personal posses-
sion of a protected wild animal and on the retention of
a permit after issuance, the applicant for the permit shall
guarantee that, during the entire period of personal pos-
session of the animal, the following requirements will be
satisfied:
‘‘(1) The animal will be under competent adult
supervision and control so as to prevent injury or
death to any animal or human.
‘‘(2) The animal will not be mistreated or ne-
glected.
‘‘(3) Care for the animal by a veterinarian will
be provided as needed, and such care will be docu-
mented.
‘‘(4) The conditions in which the animal will be
kept comply with all applicable Federal, State, and
local laws, including regulations prescribed by the
Secretary to protect the animal’s physical and psy-
chological health and well being by regulating the
following factors during confinement:
‘‘(A) Temperature.
‘‘(B) Ventilation.
‘‘(C) Humidity.
‘‘(D) Drainage.
‘‘(E) Sanitation.
‘‘(F) Diet.
‘‘(G) Exercise.
‘‘(H) Enrichments and socialization.
‘‘(5) Any confinement facility for the animal fa-
cility meets all applicable Federal and State caging
requirements.
‘‘(b) LIABILITY COVERAGE.—As a condition on both
the issuance of a permit for the personal possession of a
protected wild animal and on the retention of a permit
after issuance, the applicant for the permit shall guarantee
that the applicant has liability insurance coverage for the
animal and will maintain such coverage during the entire
period of personal possession of the animal.
‘‘(c) NOTIFICATION OF DEATH OF ANIMAL.—When
a protected wild animal for which a permit is issued dies,
the death and disposition of the animal shall be certified
in writing by a veterinarian, at the expense of the per-
mittee. The permittee shall submit a copy of the certifi-
cation to the Secretary within 10 business days after the
death.
‘‘(d) EFFECT OF ESCAPE OR RELEASE.—
‘‘(1) REQUIRED NOTICES.—If a protected wild
animal escapes or is released, whether intentionally
or unintentionally, the permittee shall immediately
notify a law enforcement authority of the escape or
release. The permittee shall also notify the Secretary
as soon as possible in the manner prescribed by the
Secretary.
‘‘(2) RESPONSIBILITY
FOR
COSTS.—The per-
mittee shall be liable for all expenses associated with
efforts to recapture the animal and for any veteri-
nary care of the animal upon recapture.
‘‘SEC. 206. SPECIAL REQUIREMENTS REGARDING IMPORT
OR EXPORT OF PROTECTED WILD ANIMALS.
‘‘(a) COMPLIANCE WITH APPLICABLE LAW.—
‘‘(1) IMPORT REQUIREMENTS.—A person shall
not import (or attempt to import) a protected wild
animal into the United States except in compliance
with all applicable State, Federal, and international
laws and treaties, including any law prohibiting or
regulating the possession of that type of protected
wild animal in the State to which the animal is im-
ported (or attempted to be imported).
‘‘(2) EXPORT REQUIREMENTS.—A person shall
not export (or attempt to export) a protected wild
animal out of the United States except in compli-
ance with all of the applicable State, Federal, and
international laws and treaties, including any law
prohibiting or regulating the possession of that type
of protected wild animal in the foreign country to
which the animal is exported (or attempted to be ex-
ported).
‘‘(b) PRIOR APPROVAL.—
‘‘(1) IMPORT.—Before a protected wild animal
is imported into the United States, the person re-
ceiving the animal must have a permit for the per-
sonal possession of the animal issued by the Sec-
retary under section 204.
‘‘(2) EXPORT.—The destination and proposed
new possessor of a protected wild animal to be ex-
ported from the United States must be approved
and permitted in the foreign country to which the
animal is to be exported pursuant to the laws of that
country.
‘‘(c) NOTICE TO SECRETARY.—A person importing or
exporting a protected wild animal shall submit to the Sec-
retary a statement regarding the person’s acknowledgment
and understanding of the terms and conditions under
which the import or export of the animal is permitted. The
statement shall include the place and conditions of quar-
antine, relating to such export, if required.
‘‘SEC. 207. ENFORCEMENT AUTHORITY.
‘‘(a) USE OF EXISTING AUTHORITIES.—Sections 16
and 19 of this Act regarding the investigative and enforce-
ment authority of the Secretary regarding dealers, exhibi-
‘‘(2) Placement in a wildlife sanctuary either
permanently or until reclaimed under legal cir-
cumstances.
‘‘(3) Euthanasia, subject to the restrictions in
section 208.
‘‘SEC. 208. RESTRICTIONS ON EUTHANASIA OF PROTECTED
WILD ANIMALS.
‘‘(a) USE OF EUTHANASIA.—A protected wild animal
may be euthanized only under the following circumstances,
as determined by the Secretary:
‘‘(1) When the animal is moribund or otherwise
so debilitated as to have negligible prospects for a
quality existence.
‘‘(2) When the animal is in pain or distress
with little chance of alleviating its condition.
‘‘(3) When the animal poses a significant health
or safety risk to humans or other animals.
‘‘(4) When other extenuating and compelling
circumstances exist and no wildlife sanctuary is
available or will accept the animal.
‘‘(b) ENDANGERED OR THREATENED SPECIES.—The
euthanasia of any protected wild animal that is also feder-
ally listed as an endangered or threatened species shall
require prior coordination with the Fish and Wildlife Serv-
ice.
‘‘SEC. 209. NOTICE OF PERMIT REQUIREMENTS.
‘‘The Secretary department shall provide notice of the
requirements of this title to each licensed dealer and ex-
hibitor. To provide notice to the many other persons in
personal possession of a protected wild animal as of the
date of the enactment of this title, the Secretary shall use
such methods of communication as the Secretary considers
appropriate.’’.
(b) CONFORMING AMENDMENT.—The Animal Wel-
fare Act (7 U.S.C. 2131 et seq.) is amended by inserting
after section 2 the following:
‘‘TITLE I—GENERAL
PROVISIONS’’.
(c) EFFECTIVE DATE.—The amendments made by
this section shall take effect one year after the date of
the enactment of this Act.
Æ