[House Report 110-551]
[From the U.S. Government Publishing Office]
110th Congress Report
HOUSE OF REPRESENTATIVES
2d Session 110-551
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CAPTIVE WILDLIFE SAFETY TECHNICAL AMENDMENTS ACT OF 2008
_______
March 31, 2008.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Rahall, from the Committee on Natural Resources, submitted the
following
R E P O R T
[To accompany H.R. 4933]
[Including cost estimate of the Congressional Budget Office]
The Committee on Natural Resources, to whom was referred
the bill (H.R. 4933) to amend the Lacey Act Amendments of 1981
to protect captive wildlife and to make technical corrections,
and for other purposes, having considered the same, report
favorably thereon without amendment and recommend that the bill
do pass.
Purpose of the Bill
The purpose of H.R. 4933 is to amend the Lacey Act
Amendments of 1981 to protect captive wildlife and to make
technical corrections, and for other purposes.
Background and Need for Legislation
The Captive Wildlife Safety Act (Public Law 108-191)
amended the Lacey Act Amendments of 1981 to make it unlawful
for any person to import, export, transport, sell, receive,
acquire, or purchase in interstate or foreign commerce any
prohibited wildlife species. Such prohibited wildlife species
include any live species of lion, tiger, leopard, cheetah,
jaguar, and cougar. The purpose of the law was to prevent the
sale of these species as pets. It was not until the law was
enacted that the Fish and Wildlife Service and Department of
Justice identified certain specific technical drafting problems
that have made implementation and enforcement impossible. H.R.
4933 would make the technical changes to the law needed to
allow the original intent of the legislation to be achieved.
Committee Action
H.R. 4933 was introduced on January 3, 2008 by
Congresswoman Bordallo (D-GU). The bill was referred to the
Committee on Natural Resources, and within the Committee to the
Subcommittee on Fisheries, Wildlife, and Oceans. On February
13, 2008, the Subcommittee met to mark up the bill. The
Subcommittee forwarded the bill to the Full Committee without
amendment by unanimous consent. On March 12, 2008, the Full
Natural Resources Committee met to consider the bill. The bill
was then ordered favorably reported to the House of
Representatives by unanimous consent.
Section-by-Section Analysis
Section 1. Short title
Section 1 cites this Act as the ``Captive Wildlife Safety
Technical Amendments Act of 2008.''
Section 2. Captive Wildlife Safety amendments
Section 2 makes technical amendments to the Lacey Act
amendments of 1981 to allow for the full enforcement and
implementation of the Captive Wildlife Safety Act of 2003.
Specifically, this section clarifies that interstate or foreign
commerce of prohibited wildlife species are subject to civil
and criminal penalties under the Lacey Act Amendments of 1981
by renumbering and referring to the appropriate subsections.
Section 3. Applicability provision amendment
Section 3 strikes a subsection in the Captive Wildlife
Safety Act that refers to a previously struck paragraph.
Committee Oversight Findings and Recommendations
Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of
rule XIII of the Rules of the House of Representatives, the
Committee on Natural Resources' oversight findings and
recommendations are reflected in the body of this report.
Constitutional Authority Statement
Article I, section 8 of the Constitution of the United
States grants Congress the authority to enact this bill.
Compliance With House Rule XIII
1. Cost of Legislation. Clause 3(d)(2) of rule XIII of the
Rules of the House of Representatives requires an estimate and
a comparison by the Committee of the costs which would be
incurred in carrying out this bill. However, clause 3(d)(3)(B)
of that rule provides that this requirement does not apply when
the Committee has included in its report a timely submitted
cost estimate of the bill prepared by the Director of the
Congressional Budget Office under section 402 of the
Congressional Budget Act of 1974.
2. Congressional Budget Act. As required by clause 3(c)(2)
of rule XIII of the Rules of the House of Representatives and
section 308(a) of the Congressional Budget Act of 1974, this
bill does not contain any new budget authority, spending
authority, credit authority, or an increase or decrease in
revenues or tax expenditures.
3. General Performance Goals and Objectives. As required by
clause 3(c)(4) of rule XIII, the general performance goal or
objective of this bill is to amend the Lacey Act Amendments of
1981 to protect captive wildlife and to make technical
corrections.
4. Congressional Budget Office Cost Estimate. Under clause
3(c)(3) of rule XIII of the Rules of the House of
Representatives and section 403 of the Congressional Budget Act
of 1974, the Committee has received the following cost estimate
for this bill from the Director of the Congressional Budget
Office:
H.R. 4933--Captive Wildlife Safety Technical Amendments Act of 2008
H.R. 4933 would make technical amendments to the Lacey Act,
which governs the protection of certain wildlife species. CBO
estimates that implementing the bill would not have a
significant impact on the budgets of the agencies that enforce
that act, primarily the U.S. Fish and Wildlife Service and the
Animal and Plant Health Inspection Service.
Because the proposed technical amendments would make it
easier to enforce the Lacey Act, enacting the bill could result
in higher revenues from civil and criminal penalties. CBO
estimates that any additional revenues would total less than
$500,000 a year. Some of those revenues might be available for
expenditure without further appropriation; such spending would
offset a portion of the additional revenues.
H.R. 4933 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 Theresa Gullo, Deputy Assistant
Director for Budget Analysis.
Compliance With Public Law 104-4
This bill contains no unfunded mandates.
Earmark Statement
H.R. 4933 does not contain any congressional earmarks,
limited tax benefits, or limited tariff benefits as defined in
clause 9(d), 9(e) or 9(f) of rule XXI.
Preemption of State, Local or Tribal Law
This bill is not intended to preempt any state, local or
tribal law.
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, 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) * * *
(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));]
* * * * * * *
[(e) Nonapplicability of Prohibited Wildlife Species
Offense.--
[(1) In general.--Subsection (a)(2)(C)]
(e) Captive Wildlife Offenses.--
(1) In general.--It is unlawful for any person--
(A) to import, export, transport, sell,
receive, acquire, or purchase in interstate or
foreign commerce any live animal of any
prohibited wildlife species; or
(B) to attempt to commit any act described in
subparagraph (A).
(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)] (3) with respect to
that species.
[(2)] (3) Persons described.--A person is described
in this paragraph, if the person--
(A) * * *
* * * * * * *
(C) is an accredited wildlife sanctuary that
cares for prohibited wildlife species and--
(i) * * *
(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] an animal of
any prohibited wildlife species solely for the
purpose of expeditiously transporting [the
animal] that animal 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] fiscal years 2009
through 2013.
(7) Application.--This subsection shall apply
beginning on the effective date of regulations
promulgated under this subsection.
SEC. 4. PENALTIES AND SANCTIONS.
(a) Civil Penalties.--
(1) Any person who engages in conduct prohibited by
any provision of this Act (other than subsections [(b)
and (d)] (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, may be
assessed a civil penalty by the Secretary of not more
than $10,000 for each such violation: Provided, That
when the violation involves fish or wildlife or plants
with a market value of less than $350, and involves
only the transportation, acquisition, or receipt of
fish or wildlife or plants taken or possessed in
violation of any law, treaty, or regulation of the
United States, any Indian tribal law, any foreign law,
or any law or regulation of any State, the penalty
assessed shall not exceed the maximum provided for
violation of said law, treaty, or regulation, and any
person who knowingly violates [section 3(d)] subsection
(d) or (e) of section 3, or $10,000, whichever is less.
* * * * * * *
(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 subsections
[(b) and (d)] (b), (d), and (e) of section 3 of
section 3), or
(B) violates any provision of this Act (other
than subsections [(b) and (d)] (b), (d), and
(e) of section 3 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
subsections [(b) and (d)] (b), (d), and (e) of section
3 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)]
subsection (d) or (e) of section 3--
(A) * * *
* * * * * * *
----------
SECTION 102 OF THE ACT OF NOVEMBER 14, 1988
(Public Law 100-653)
AN ACT To reauthorize and amend certain wildlife laws, and for other
purposes.
SEC. 102. PENALTY.
(a) * * *
* * * * * * *
(c) Conforming Amendments.--Section 4 is amended in
subsections (a)(1), (d)(1)(A), (d)(1)(B), and (d)(2) by
striking ``(other than [section 3(b)] subsection 3(b))'' each
place those words appear and inserting in lieu thereof ``(other
than subsections (b) and (d) of section 3)''.
* * * * * * *
---------- -
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--
(1) * * *
* * * * * * *
[(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)).]
* * * * * * *