Big Cat Public Safety Act
Bill: H.R.263 | Sponsor: Rep. Quigley, Mike (D-IL)
Policy area: Animals

Summary:
Big Cat Public Safety Act
This act revises requirements governing the trade of big cats (i.e., species of lion, tiger, leopard, cheetah, jaguar, or cougar or any hybrid of such species) under the Lacey Act to limit the possession, breeding, and exhibition of big cats. The Lacey Act prohibits any person from importing, exporting, buying, selling, transporting, receiving, or acquiring big cats across state lines or the U.S. border. However, some exemptions are provided for certain entities, such as universities and wildlife sanctuaries.
(Sec. 3) The act expands the Lacey Act prohibitions to include a prohibition on possessing or breeding big cats. Breeding means facilitating propagation or reproduction (whether intentionally or negligently), or failing to prevent propagation or reproduction. Owners of big cats that were born before this act's enactment may keep their big cats, but the owners must register them with the U.S. Fish and Wildlife Service.
The act modifies the list of entities that are exempt from prohibitions to export, buy, sell, transport, receive, acquire, possess, or breed big cats. The modified list includes exemptions for entities or facilities exhibiting animals to the public if they (1) hold a Class C license in good standing under the Animal Welfare Act, and (2) do not allow individuals to come into direct physical contact with big cats. However, direct contact is allowed if the individual is a trained professional, a veterinarian, or directly supporting conservation programs that do not involve commercial activities and meet other specified restrictions.
(Sec. 4) A person who knowingly violates the act must be fined not more than $20,000, or imprisoned for no more than five years, or both. The act considers each violation to be a separate offense. The offense must be deemed to have been committed not only in the district where the violation first occurred, but also in any district in which the defendant may have taken or been in possession of the prohibited wildlife species.
(Sec. 5) The act extends forfeiture provisions to fish, wildlife, or plants that are bred or possessed; thus, big cats bred or possessed in violation of the act are subject to forfeiture.
(Sec. 6) The Department of the Interior must issue regulations to implement this act.

[117th Congress Public Law 243]
[From the U.S. Government Publishing Office]



[[Page 2335]]

                        BIG CAT PUBLIC SAFETY ACT

[[Page 136 STAT. 2336]]

Public Law 117-243
117th Congress

                                 An Act


 
To amend the Lacey Act Amendments of 1981 to clarify provisions enacted 
   by the Captive Wildlife Safety Act, to further the conservation of 
   certain wildlife species, and for other purposes. <<NOTE: Dec. 20, 
                          2022 -  [H.R. 263]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, <<NOTE: Big Cat Public 
Safety Act. 16 USC 3371 note.>> 
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Big Cat Public Safety Act''.
SEC. 2. DEFINITIONS.

    (a) In General.--Section 2 of the Lacey Act Amendments of 1981 (16 
U.S.C. 3371) is amended--
            (1) by redesignating subsections (a) through (k) as 
        subsections (b) through (l), respectively; and
            (2) by inserting before subsection (b) (as so redesignated) 
        the following:

    ``(a) Breed.--The term `breed' means to facilitate propagation or 
reproduction (whether intentionally or negligently), or to fail to 
prevent propagation or reproduction.''.
    (b) Conforming Amendments.--
            (1) Consolidated farm and rural development act.--Section 
        349(a)(3) of the Consolidated Farm and Rural Development Act (7 
        U.S.C. 1997(a)(3)) is amended--
                    (A) by striking ``section 2(a)'' and inserting 
                ``section 2''; and
                    (B) by striking ``3371(a)'' and inserting ``3371''.
            (2) Lacey act amendments of 1981.--Section 7(c) of the Lacey 
        Act Amendments of 1981 (16 U.S.C. 3376(c)) is amended by 
        striking ``section 2(f)(2)(A)'' and inserting ``section 
        2(g)(2)(A)''.
SEC. 3. PROHIBITIONS.

    Section 3 of the Lacey Act Amendments of 1981 (16 U.S.C. 3372) is 
amended--
            (1) in subsection (a)--
                    (A) in paragraph (2)--
                          (i) in subparagraph (A), by striking the 
                      semicolon at the end and inserting ``; or'';
                          (ii) in subparagraph (B)(iii), by striking ``; 
                      or'' and inserting a semicolon; and
                          (iii) by striking subparagraph (C); and
                    (B) in paragraph (4), by striking ``(1) through 
                (3)'' and inserting ``(1) through (3) or subsection 
                (e)''; and
            (2) by amending subsection (e) to read as follows:

    ``(e) Captive Wildlife Offense.--

[[Page 136 STAT. 2337]]

            ``(1) In general.--Except as provided in paragraph (2), it 
        is unlawful for any person to--
                    ``(A) import, export, transport, sell, receive, 
                acquire, or purchase in interstate or foreign commerce, 
                or in a manner substantially affecting interstate or 
                foreign commerce; or
                    ``(B) breed or possess;
        any prohibited wildlife species.
            ``(2) Limitation on application.--Paragraph (1) does not 
        apply to--
                    ``(A) an entity exhibiting animals to the public 
                under a Class C license from the Department of 
                Agriculture, or a Federal facility registered with the 
                Department of Agriculture that exhibits animals, if such 
                entity or facility holds such license or registration in 
                good standing and if the entity or facility--
                          ``(i) does not allow any individual to come 
                      into direct physical contact with a prohibited 
                      wildlife species, unless that individual is--
                                    ``(I) a trained professional 
                                employee or contractor of the entity or 
                                facility (or an accompanying employee 
                                receiving professional training);
                                    ``(II) a licensed veterinarian (or a 
                                veterinary student accompanying such a 
                                veterinarian); or
                                    ``(III) <<NOTE: Public 
                                information. Plan.>>  directly 
                                supporting conservation programs of the 
                                entity or facility, the contact is not 
                                in the course of commercial activity 
                                (which may be evidenced by advertisement 
                                or promotion of such activity or other 
                                relevant evidence), and the contact is 
                                incidental to humane husbandry conducted 
                                pursuant to a species-specific, publicly 
                                available, peer-edited population 
                                management and care plan that has been 
                                provided to the Secretary with 
                                justifications that the plan--
                                            ``(aa) reflects established 
                                        conservation science principles;
                                            ``(bb) <<NOTE: Analysis.>>  
                                        incorporates genetic and 
                                        demographic analysis of a multi-
                                        institution population of 
                                        animals covered by the plan; and
                                            ``(cc) promotes animal 
                                        welfare by ensuring that the 
                                        frequency of breeding is 
                                        appropriate for the species; and
                          ``(ii) ensures that during public exhibition 
                      of a lion (Panthera leo), tiger (Panthera tigris), 
                      leopard (Panthera pardus), snow leopard (Uncia 
                      uncia), jaguar (Panthera onca), cougar (Puma 
                      concolor), or any hybrid thereof, the animal is at 
                      least 15 feet from members of the public unless 
                      there is a permanent barrier sufficient to prevent 
                      public contact;
                    ``(B) a State college, university, or agency, or a 
                State-licensed veterinarian;
                    ``(C) a wildlife sanctuary that cares for prohibited 
                wildlife species, and--
                          ``(i) is a corporation that is exempt from 
                      taxation under section 501(a) of the Internal 
                      Revenue Code of 1986 and described in sections 
                      501(c)(3) and 170(b)(1)(A)(vi) of such Code;

[[Page 136 STAT. 2338]]

                          ``(ii) does not commercially trade in any 
                      prohibited wildlife species, including offspring, 
                      parts, and byproducts of such animals;
                          ``(iii) does not breed any prohibited wildlife 
                      species;
                          ``(iv) does not allow direct contact between 
                      the public and any prohibited wildlife species; 
                      and
                          ``(v) does not allow the transportation and 
                      display of any prohibited wildlife species off-
                      site;
                    ``(D) has custody of any prohibited wildlife species 
                solely for the purpose of expeditiously transporting the 
                prohibited wildlife species to a person described in 
                this paragraph with respect to the species; or
                    ``(E) an entity or individual that is in possession 
                of any prohibited wildlife species that was born before 
                the date of the enactment of the Big Cat Public Safety 
                Act, and--
                          ``(i) <<NOTE: Deadline. Registration.>>  not 
                      later than 180 days after the date of the 
                      enactment of the such Act, the entity or 
                      individual registers each individual animal of 
                      each prohibited wildlife species possessed by the 
                      entity or individual with the United States Fish 
                      and Wildlife Service;
                          ``(ii) does not breed, acquire, or sell any 
                      prohibited wildlife species after the date of the 
                      enactment of such Act; and
                          ``(iii) does not allow direct contact between 
                      the public and prohibited wildlife species.''.
SEC. 4. PENALTIES.

    (a) Civil Penalties.--Section 4(a)(1) of the Lacey Act Amendments of 
1981 (16 U.S.C. 3373(a)(1)) is amended--
            (1) by inserting ``(e),'' after ``(d),''; and
            (2) by inserting ``, (e),'' after ``subsection (d)''.

    (b) Criminal Penalties.--Section 4(d) of the Lacey Act Amendments of 
1981 (16 U.S.C. 3373(d)) is amended--
            (1) in paragraph (1)(A), by inserting ``(e),'' after 
        ``(d),'';
            (2) in paragraph (1)(B), by inserting ``(e),'' after 
        ``(d),'';
            (3) in paragraph (2), by inserting ``(e),'' after ``(d),''; 
        and
            (4) by adding at the end the following:
            ``(4) Any person who knowingly violates section 3(e) shall 
        be fined not more than $20,000, or imprisoned for not more than 
        5 years, or both. Each violation shall be a separate offense and 
        the offense is deemed to have been committed in the district 
        where the violation first occurred, and in any district in which 
        the defendant may have taken or been in possession of the 
        prohibited wildlife species.''.
SEC. 5. FORFEITURE OF PROHIBITED WILDLIFE SPECIES.

    Section 5(a)(1) of the Lacey Act Amendments of 1981 (16 U.S.C. 
3374(a)(1)) is amended by inserting ``bred, possessed,'' before 
``imported, exported,''.
SEC. 6. ADMINISTRATION.

    Section 7(a) of the Lacey Act Amendments of 1981 (16 U.S.C. 3376(a)) 
is amended by adding at the end the following:

[[Page 136 STAT. 2339]]

            ``(3) <<NOTE: Regulations.>>  The Secretary shall, in 
        consultation with other relevant Federal and State agencies, 
        promulgate any regulations necessary to implement section 
        3(e).''.

    Approved December 20, 2022.

LEGISLATIVE HISTORY--H.R. 263:
---------------------------------------------------------------------------

HOUSE REPORTS: No. 117-428 (Comm. on Natural Resources).
CONGRESSIONAL RECORD, Vol. 168 (2022):
            July 28, 29, considered and passed House.
            Dec. 6, considered and passed Senate.

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