[Senate Report 109-126]
[From the U.S. Government Publishing Office]
Calendar No. 197
109th Congress Report
SENATE
1st Session 109-126
======================================================================
CAPTIVE WILDLIFE SAFETY TECHNICAL AMENDMENT ACT OF 2005
_______
August 31, 2005.--Ordered to be printed
Filed, under authority of the order of the Senate of July 29, 2005
_______
Mr. Inhofe, from the Committee on Environment and Public Works,
submitted the following
R E P O R T
[To accompany S. 1415]
[Including cost estimate of the Congressional Budget Office]
The Committee on Environment and Public Works, to which was
referred a bill (S. 1415) to amend the Lacey Act Amendments of
1981 to protect captive wildlife and make technical
corrections, having considered the same, reports favorably
thereon with amendments and recommends that the bill, as
amended, do pass.
General Statement and Background
In the early 1900's, Congress recognized the need to
support States in protecting their game animals and birds by
prohibiting the interstate shipment of wildlife killed in
violation of State or territorial laws. Today this legislation
is known as the Lacey Act, named for its principal sponsor,
U.S. Representative John Fletcher Lacey, R-Iowa. Most
significantly amended in 1981, the Lacey Act makes it unlawful
to import, export, transport, sell, buy, or possess fish,
wildlife, or plants taken, possessed, transported, or sold in
violation of any Federal, State, foreign or Native American
tribal law, treaty, or regulation. The Act covers all fish and
wildlife and their parts or products and plants under the
Conventions on International Trade in Endangered Species of
Wild Fauna and Flora, which makes trafficking in illegally
acquired wildlife a Federal crime.
However, until the enactment of the Captive Wildlife Safety
Act in 2004, the Lacey Act did not explicitly address the
problem of the increasing trade in large exotic cat species.
The ownership of large cat species has dramatically
increased in popularity. It is estimated that thousands of
large cat species are kept as pets in the United States. This
increase is due, in part, to Internet sales and auctions. This
increase in popularity has raised concerns regarding the public
safety as well as the welfare of the big cats.
As the cats are often purchased when young, many owners are
ill equipped for the high maintenance of the mature cats. Too
often, the owners lack the resources and veterinary knowledge
these grown cats entail. In the hands of untrained exotic-pet
fanciers or roadside zoo owners, large cats are not only a
danger to people but are victims themselves. Additionally,
often the burden of care goes to already strained sanctuary and
humane societies after the cats are abandoned because they are
too dangerous or too expensive. Over the past 10 years, there
have been thousands of incidents of injury and death documented
involving many different wild animals.
Objectives of the Legislation
S. 1415 makes technical corrections to the Lacey Act
Amendments of 1981 and the Captive Wildlife Safety Act (CWSA)
in order to ensure that the CWSA provisions found in 16 U.S.C
3372 are fully enforceable. During development of the
regulations to implement the CWSA, the U.S. Fish and Wildlife
Service (Service) realized that enforcement of the CWSA would
be difficult because of the provision's location within the
Lacey Act Amendments of 1981. Specifically, the Lacey Act
criminal wildlife trafficking prohibitions are built upon a
two-step prohibition scheme. Each trafficking violation
requires proof of two separate steps involving wildlife at
issue. First, the wildlife must be taken, possessed,
transported or sold by someone in violation of existing laws or
treaties. Second, the wildlife must then be subsequently
imported, exported, transported, sold, received, acquired or
purchased. These two steps cannot be collapsed into one step or
act committed by the defendant. As presently written, the two-
step process for violations of the CWSA is difficult to
enforce. Therefore, based on the recommendations of the Service
and the Department of Justice, this Act moves the CWSA
provisions to another part of the Lacey Act to allow the CWSA
to be fully enforceable.
Section-by-Section Analysis
Section 1. Short Title.
This section provides that this Act may be cited as the
``Captive Wildlife Safety Technical Amendment Act of 2005.''
Sec. 2. Captive Wildlife Amendments.
This section makes technical corrections to section 3 of
the Lacey Act Amendments of 1981 (16 U.S.C. 3372 and 3373(d)).
Sec. 3. Applicability Provision Amendment.
This section makes technical corrections to section 3 of
the Captive Wildlife Safety Act (117 Stat. 2871; Public Law
108-191).
Legislative History
On July 18, 2005, Senator James M. Inhofe introduced S.
1415, which was cosponsored by Senator James Jeffords and
Senator Lincoln Chafee. The bill was referred to the Senate
Committee on Environment and Public Works. On July 20, 2005,
the full committee held a business meeting and unanimously
ordered S. 1415 to be favorably reported without amendment to
the full Senate.
Hearings
No committee hearings were held on S. 1415.
Rollcall Votes
The Committee on Environment and Public Works met to
consider S. 1415 on July 20, 2005. The committee approved S.
1415 by unanimous consent.
Regulatory Impact Statement
In compliance with section 11(b) of rule XXVI of the
Standing Rules of the Senate, the committee finds that S. 1415
does not create any additional regulatory burdens, nor will it
cause any adverse impact on the personal privacy of
individuals.
Mandates Assessment
In compliance with the Unfunded Mandates Reform Act of 1995
(Public Law 104-4), the committee finds that S. 1415 would not
impose Federal intergovernmental unfunded mandates on State,
local, or tribal governments.
Cost of Legislation
Section 403 of the Congressional Budget and Impoundment
Control Act requires that a statement of the cost of the
reported bill, prepared by the Congressional Budget Office, be
included in the report. That statement follows:
----------
S. 1415, Captive Wildlife Safety Technical Amendment Act of 2005, As
ordered reported by the Senate Committee on Environment and
Public Works on July 20, 2005
S. 1415 would amend the enforcement authorities used by the
U.S. Fish and Wildlife Service to prohibit sales and other
transactions involving certain protected wildlife species.
Based on information provided by that agency, CBO estimates
that enacting this legislation would have no significant effect
on the Federal budget. Amending the enforcement mechanisms for
existing legal prohibitions may result in additional Federal
revenues from criminal penalties, but we estimate that any
amounts that would be collected (and any corresponding direct
spending of such amounts from the Crime Victims Fund) would be
minimal and largely offsetting.
S. 1415 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act and
would impose no costs on State, local, or tribal governments.
The CBO staff contact for this estimate is Deborah Reis.
This estimate was approved by Peter H. Fontaine, Deputy
Assistant Director for Budget Analysis.
Changes in Existing Law
In compliance with section 12 of rule XXVI of the Standing
Rules of the Senate, changes in existing law made by the bill
as reported are shown as follows: Existing law proposed to be
omitted is enclosed in [black brackets], new matter is printed
in italic, existing law in which no change is proposed is shown
in roman:
----------
LACEY ACT AMENDMENTS OF 1981
* * * * * * *
SEC. 3. PROHIBITED ACTS.
(a) Offenses Other Than Marking Offenses.--It is unlawful
for any person--
(1) to import, export, transport, sell, receive,
acquire, or purchase any fish or wildlife or plant
taken, possessed, transported, or sold in violation of
any law, treaty, or regulation of the United States or
in violation of any Indian tribal law;
(2) to import, export, transport, sell, receive,
acquire, or purchase in interstate or foreign
commerce--
(A) any fish or wildlife taken, possessed,
transported, or sold in violation of any law or
regulation of any State or in violation of any
foreign law; or
(B) any plant taken, possessed,
transported, or sold in violation of any law or
regulation of any State[; or] ;
[(C) any prohibited wildlife species
(subject to subsection (e));]
(3) within the special maritime and territorial
jurisdiction of the United States (as defined in
section 7 of title 18, United States Code)--
(A) to possess any fish or wildlife taken,
possessed, transported, or sold in violation of
any law or regulation of any State or in
violation of any foreign law or Indian tribal
law, or
(B) to possess any plant taken, possessed,
transported, or sold in violation of any law or
regulation of any State; or
(4) to attempt to commit any act described in
paragraphs (1) through (3) or subsection (e).
* * * * * * *
[(e) Nonapplicability of Prohibited Wildlife Species
Offense.--
(1) In general.--Subsection (a)(2)(C)]
(e) Captive Wildlife Offense.--
(1) In general.--It is unlawful for any person to
import, export, transport, sell, receive, acquire, or
purchase in interstate or foreign commerce any live
animal of any prohibited wildlife species.
(2) Nonapplicability.--This subsection does not
apply to importation, exportation, transportation,
sale, receipt, acquisition, or purchase of an animal of
[a] any prohibited wildlife species, by a person that,
under regulations prescribed under paragraph [(3)] (4),
is described in paragraph (2) with respect to that
species.
[(2)] (3) Persons described.--A person is described
in this paragraph, if the person--
(A) is licensed or registered, and
inspected, by the Animal and Plant Health
Inspection Service or any other Federal agency
with respect to that species;
(B) is a State college, university, or
agency, State-licensed wildlife rehabilitator,
or State-licensed veterinarian;
(C) is an accredited 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 1986 and
described in sections 501(c)(3) and
170(b)(1)(A)(vi) of such Code;
(ii) does not commercially trade in
[animals listed in section 2(g)]
prohibited wildlife species, including
offspring, parts, and byproducts of
such animals;
(iii) does not propagate [animals
listed in section 2(g)] prohibited
wildlife species; and
(iv) does not allow direct contact
between the public and [animals]
prohibited wildlife species; or
(D) has custody of the [animal] prohibited
wildlife species solely for the purpose of
expeditiously transporting the [animal]
prohibited wildlife species to a person
described in this paragraph with respect to the
species.
[(3)] (4) Regulations.--Not later than 180 days
after the date of enactment of this subsection, the
Secretary, in cooperation with the Director of the
Animal and Plant Health Inspection Service, shall
promulgate regulations describing the persons described
in paragraph [(2)] (3).
[(4)] (5) State authority.--Nothing in this
subsection preempts or supersedes the authority of a
State to regulate wildlife species within that State.
[(5)] (6) Authorization of appropriations.--There
is authorized to be appropriated to carry out
[subsection (a)(2)(C)] this subsection $3,000,000 for
each of fiscal years 2004 through 2008.
(7) Application.--This subsection shall apply
beginning on the effective date of regulations
promulgated under this subsection.
* * * * * * *
SEC. 4. PENALTIES AND SANCTIONS.
(a) * * *
* * * * * * *
(d) Criminal Penalties.--
(1) Any person who--
(A) knowingly imports or exports any fish
or wildlife or plants in violation of any
provision of this Act (other than [subsection
3(b)] subsections (b), (d), and (e) of section
3), or
(B) violates any provision of this Act
(other than [subsection 3(b)] subsections (b),
(d), and (e) of section 3) by knowingly
engaging in conduct that involves the sale or
purchase of, the offer of sale or purchase of,
or the intent to sell or purchase, fish or
wildlife or plants with a market value in
excess of $350,
knowing that the fish or wildlife or plants were taken,
possessed, transported, or sold in violation of, or in
a manner unlawful under, any underlying law, treaty or
regulation, shall be fined not more than $20,000, or
imprisoned for not more than five years, or both. Each
violation shall be a separate offense and the offense
shall 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 said fish or wildlife or
plants.
(2) Any person who knowingly engages in conduct
prohibited by any provision of this Act (other than
[subsection 3(b)] subsections (b), (d), and (e) of
section 3) and in the exercise of due care should know
that the fish or wildlife or plants were taken,
possessed, transported, or sold in violation of, or in
a manner unlawful under, any underlying law, treaty or
regulation shall be fined not more than $10,000, or
imprisoned for not more than one year, or both. Each
violation shall be a separate offense and the offense
shall 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 said fish or wildlife or
plants.
(3) Any person who knowingly violates [section
3(d)] subsections (d) and (e) of section 3--
(A) shall be fined under title 18, United
States Code, or imprisoned for not more than 5
years, or both, if the offense involves--
(i) the importation or exportation
of fish or wildlife or plants; or
(ii) the sale or purchase, offer of
sale or purchase, or commission of an
act with intent to sell or purchase
fish or wildlife or plants with a
market value greater than $350; and
(B) shall be fined under title 18, United
States Code, or imprisoned for not more than 1
year, or both, if the offense does not involve
conduct described in subparagraph (A).
* * * * * * *
----------
[117 STAT. 2871; PUBLIC LAW 109-191]
CAPTIVE WILDLIFE SAFETY ACT
* * * * * * *
SEC. 3. PROHIBITED ACTS.
[(a) In General.--Section 3] Section 3 of the Lacey Act
Amendments of 1981 (16 U.S.C. 3372) is amended--
* * * * * * *
[(b) Application.--Section 3(a)(2)(C) of the Lacey Act
Amendments of 1981 (as added by subsection (a)(1)(A)(iii))
shall apply beginning on the effective date of regulations
promulgated under section 3(e)(3) of that Act (as added by
subsection (a)(2)).]
* * * * * * *