Download:
pdf |
pdf117TH CONGRESS
" HOUSE OF REPRESENTATIVES
2d Session
!
REPORT
117–428
BIG CAT PUBLIC SAFETY ACT
JULY 22, 2022.—Committed to the Committee of the Whole House on the State of
the Union and ordered to be printed
Mr. GRIJALVA, from the Committee on Natural Resources,
submitted the following
R E P O R T
together with
DISSENTING VIEWS
[To accompany H.R. 263]
The Committee on Natural Resources, to whom was referred the
bill (H.R. 263) 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, having considered the same, reports favorably thereon with
an amendment and recommends that the bill as amended do pass.
The amendment is as follows:
Strike all after the enacting clause and insert the following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Big Cat Public Safety Act’’.
ctelli on DSK11ZRN23PROD with REPORTS
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’’.
29–006
VerDate Sep 11 2014
00:44 Jul 25, 2022
Jkt 029006
PO 00000
Frm 00001
Fmt 6659
Sfmt 6621
E:\HR\OC\HR428.XXX
HR428
2
(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)’’.
ctelli on DSK11ZRN23PROD with REPORTS
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.—
‘‘(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) 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) 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;
‘‘(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;
VerDate Sep 11 2014
00:44 Jul 25, 2022
Jkt 029006
PO 00000
Frm 00002
Fmt 6659
Sfmt 6621
E:\HR\OC\HR428.XXX
HR428
3
‘‘(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) 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:
‘‘(3) The Secretary shall, in consultation with other relevant Federal and
State agencies, promulgate any regulations necessary to implement section
3(e).’’.
PURPOSE
OF THE
BILL
The purpose of H.R. 263 is to amend the Lacey Act Amendments
of 1981 to clarify provisions enacted by the Captive Wildlife Safety
Act and to further the conservation of certain wildlife species.
BACKGROUND
AND
NEED
FOR
LEGISLATION 1
ctelli on DSK11ZRN23PROD with REPORTS
An estimated 20,000 big cats, including tigers, lions, jaguars,
leopards, cougars, and hybrids, are currently kept in private ownership in the United States. Privately owned big cats are often purchased or bred as cubs for photo-ops, but as they grow larger, they
are sold into the exotic pet trade or on the black market for wildlife
parts. Adult big cats in private ownership typically live in inadequate conditions threatening public safety.
Since 1990, around 300 dangerous incidents involving big cats in
the United States have resulted in human injuries, mauling, and
1 Also see generally H. Rep. No. 116–430, at 1–2 (2020), https://www.congress.gov/116/crpt/
hrpt430/CRPT-116hrpt430.pdf—of which the above text is largely excerpts.
VerDate Sep 11 2014
02:43 Jul 25, 2022
Jkt 029006
PO 00000
Frm 00003
Fmt 6659
Sfmt 6602
E:\HR\OC\HR428.XXX
HR428
4
death.2 In many cases, first responders not equipped for those situations shot and killed the animals. One of the most famous examples occurred in 2011, when 56 exotic animals, including 17 lions
and 18 tigers, escaped from a private home in Zanesville, Ohio.3 Although no serious human injuries occurred, at least 49 animals
were killed while restoring public safety.
In 2003, Congress unanimously passed the Captive Wildlife Safety Act 4 (CWSA), which amended the Lacey Act to prohibit importing, exporting, buying, selling, transporting, receiving, or acquiring
big cats across states and the U.S. border. However, there is no
federal policy regarding the possession of big cats. State laws vary,
with some having no restrictions, some requiring registration, and
others altogether banning ownership of big cats as pets.5
H.R. 263 would end the private ownership of big cats as pets and
prohibit exhibitors from allowing public contact with big cats, including cubs. The bill builds on the CWSA by making it illegal to
privately possess or breed lions, tigers, leopards, cheetahs, jaguars,
cougars, or any hybrid. The bill narrowly focuses on privatelyowned animals and includes exemptions for exhibitors with U.S.
Department of Agriculture (USDA) Class C licenses, such as zoos,
state universities, and sanctuaries. Current owners are grandfathered in, allowing owners to keep their animals if they register
with the U.S. Fish and Wildlife Service (FWS) and abide by listed
regulations.
COMMITTEE ACTION
ctelli on DSK11ZRN23PROD with REPORTS
H.R. 263 was introduced on January 11, 2021, by Representative
Mike Quigley (D–IL). The bill was referred solely to the Committee
on Natural Resources, and within the Committee to the Subcommittee on Water, Oceans, and Wildlife. On May 12, 2022, the
Subcommittee held a hearing on the bill. On June 8, 2022, the Natural Resources Committee met to consider the bill. The Subcommittee was discharged by unanimous consent. Chair Rau´l M.
Grijalva (D–AZ) offered an amendment in the nature of a substitute. Ranking Member Bruce Westerman (R–AR) offered a substitute amendment to the amendment in the nature of a substitute
designated Westerman #077. A recorded vote was requested and
postponed. Rep. Lauren Boebert (R–CO) offered an amendment
designated Boebert #1 to the amendment in the nature of a substitute. A recorded vote was requested and postponed. Rep. Garret
Graves (R–LA) offered an amendment designated Graves #2 to the
amendment in the nature of a substitute. A recorded vote was requested and postponed. Rep. Graves offered an amendment designated Graves #3 to the amendment in the nature of a substitute.
A recorded vote was requested and postponed. Rep. Graves offered
2 THE HUMANE SOC’Y OF THE U.S., BIG CAT INCIDENTS (2012), https://www.humanesociety.org/
sites/default/files/docs/captive-big-cat-incidents.pdf.
3 Greg Bishop & Timothy Williams, Police Kill Dozens of Animal Freed on Ohio Reserve, N.Y.
TIMES (Oct. 19, 2011), www.nytimes.com/2011/10/20/us/police-kill-dozens-of-animals-freed-fromohio-preserve.html.
4 Pub.
L.
No.
108–191,
117
Stat.
2871
(2003),
https://uscode.house.gov/
statviewer.htm?volume=117&page=2871 (codified as 16 U.S.C. § § 3371–72 & notes.).
5 Map of Private Exotic Pet Ownership Laws, MICH. STATE UNIV., COLL. OF L., ANIMAL LEGAL
& HIST. CTR. (2022), www.animallaw.info/content/map-private-exotic-pet-ownership-laws (last
visited July 19, 2022).
VerDate Sep 11 2014
00:44 Jul 25, 2022
Jkt 029006
PO 00000
Frm 00004
Fmt 6659
Sfmt 6602
E:\HR\OC\HR428.XXX
HR428
5
ctelli on DSK11ZRN23PROD with REPORTS
an amendment designated Graves #4 to the amendment in the nature of a substitute. The Committee adjourned.
The Committee on Natural Resources met on June 15, 2022, to
continue its consideration of the bill. Chair Grijalva offered a motion to move the previous question on the Grijalva amendment in
the nature of a substitute. The motion was agreed to by voice vote.
The previously offered substitute amendment designated
Westerman #077 was not agreed to by a roll call vote of 17 yeas
and 24 nays,6 as follows:
6 During the markup, the total on this vote was announced incorrectly. The numbers above
are accurate and accord with the clerk’s roll call and with the clerk’s tally sheet.
VerDate Sep 11 2014
00:44 Jul 25, 2022
Jkt 029006
PO 00000
Frm 00005
Fmt 6659
Sfmt 6602
E:\HR\OC\HR428.XXX
HR428
6
VerDate Sep 11 2014
00:44 Jul 25, 2022
Jkt 029006
PO 00000
Frm 00006
Fmt 6659
Sfmt 6602
E:\HR\OC\HR428.XXX
HR428
Insert offset folio 6 here HR428.001
ctelli on DSK11ZRN23PROD with REPORTS
F66590
7
ctelli on DSK11ZRN23PROD with REPORTS
The substitute amendment designated Boebert #1 not agreed to
by a roll call vote of 16 yeas and 22 nays, as follows:
VerDate Sep 11 2014
00:44 Jul 25, 2022
Jkt 029006
PO 00000
Frm 00007
Fmt 6659
Sfmt 6602
E:\HR\OC\HR428.XXX
HR428
VerDate Sep 11 2014
00:44 Jul 25, 2022
Jkt 029006
PO 00000
Frm 00008
Fmt 6659
Sfmt 6602
E:\HR\OC\HR428.XXX
HR428
Insert offset folio 8 here HR428.002
ctelli on DSK11ZRN23PROD with REPORTS
8
9
ctelli on DSK11ZRN23PROD with REPORTS
The amendment designated Graves #2 was not agreed to by a
roll call vote of 14 yeas and 24 nays, as follows:
VerDate Sep 11 2014
00:44 Jul 25, 2022
Jkt 029006
PO 00000
Frm 00009
Fmt 6659
Sfmt 6602
E:\HR\OC\HR428.XXX
HR428
VerDate Sep 11 2014
00:44 Jul 25, 2022
Jkt 029006
PO 00000
Frm 00010
Fmt 6659
Sfmt 6602
E:\HR\OC\HR428.XXX
HR428
Insert offset folio 10 here HR428.003
ctelli on DSK11ZRN23PROD with REPORTS
10
11
ctelli on DSK11ZRN23PROD with REPORTS
The amendment designated Graves #3 was not agreed to by a
roll call vote of 16 yeas and 24 nays, as follows:
VerDate Sep 11 2014
00:44 Jul 25, 2022
Jkt 029006
PO 00000
Frm 00011
Fmt 6659
Sfmt 6602
E:\HR\OC\HR428.XXX
HR428
VerDate Sep 11 2014
00:44 Jul 25, 2022
Jkt 029006
PO 00000
Frm 00012
Fmt 6659
Sfmt 6602
E:\HR\OC\HR428.XXX
HR428
Insert offset folio 12 here HR428.004
ctelli on DSK11ZRN23PROD with REPORTS
12
13
ctelli on DSK11ZRN23PROD with REPORTS
The amendment designated Graves #4 was not agreed to by a
roll call vote of 16 yeas and 25 nays, as follows:
VerDate Sep 11 2014
00:44 Jul 25, 2022
Jkt 029006
PO 00000
Frm 00013
Fmt 6659
Sfmt 6602
E:\HR\OC\HR428.XXX
HR428
VerDate Sep 11 2014
00:44 Jul 25, 2022
Jkt 029006
PO 00000
Frm 00014
Fmt 6659
Sfmt 6602
E:\HR\OC\HR428.XXX
HR428
Insert offset folio 14 here HR428.005
ctelli on DSK11ZRN23PROD with REPORTS
14
15
ctelli on DSK11ZRN23PROD with REPORTS
The amendment in the nature of a substitute was agreed to by
voice vote. The bill, as amended, was adopted and ordered favorably reported to the House of Representatives by a roll call vote of
25 yeas and 17 nays, as follows:
VerDate Sep 11 2014
00:44 Jul 25, 2022
Jkt 029006
PO 00000
Frm 00015
Fmt 6659
Sfmt 6602
E:\HR\OC\HR428.XXX
HR428
VerDate Sep 11 2014
00:44 Jul 25, 2022
Jkt 029006
PO 00000
Frm 00016
Fmt 6659
Sfmt 6602
E:\HR\OC\HR428.XXX
HR428
Insert offset folio 16 here HR428.006
ctelli on DSK11ZRN23PROD with REPORTS
16
17
HEARINGS
For the purposes of clause3(c)(6) of House rule XIII, the following
hearing was used to develop or consider this measure: hearing by
the Subcommittee on Water, Oceans, and Wildlife held on May 12,
2022.
SECTION-BY-SECTION ANALYSIS
Section 1. Short title. ‘‘Big Cat Public Safety Act’’.
Sec. 2. Definitions.
Sec. 3. Prohibitions. This section makes it illegal to import, export, transport, sell, receive, acquire, purchase, breed, or possess
any live species of lion, tiger, leopard, cheetah, jaguar, cougar, or
any hybrid of such species. The bill provides exemptions from these
prohibitions for USDA Class C license holders, state universities,
and wildlife sanctuaries that don’t allow direct contact with big
cats and keep cats at a safe distance from the public. Some direct
contact exceptions apply to trained professionals, veterinarians,
and conservation programs that do not involve commercial activities and meet other specified restrictions. Current owners of big
cats are allowed to keep their animals but must register with FWS,
are not allowed to breed, acquire, or sell their wildlife, and cannot
allow direct contact between the public and their cats.
Sec. 4. Penalties. This section specifies that individuals who violate the bill shall be fined up to $20,000, imprisoned for five years
or less, or both. Each violation will be treated as a separate offense.
The offense will be prosecuted where the violation first occurred
and where the defendant may have taken or been in possession of
wildlife.
Sec. 5. Forfeiture of Prohibited Wildlife Species. This section
amends the Lacey Act to require that big cats bred or possessed in
violation of the section 3 prohibitions must be forfeited, in addition
to the current Lacey Act provisions that require all fish, wildlife,
or plants imported, exported, transported, sold, received, acquired,
or purchased contrary to Lacey act provisions also be forfeited.
Sec. 6. Administration. This section directs the Department of
the Interior to promulgate regulations in consultation with necessary federal and state agencies.
COMMITTEE OVERSIGHT FINDINGS
AND
RECOMMENDATIONS
Regarding clause2(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.
ctelli on DSK11ZRN23PROD with REPORTS
COMPLIANCE WITH HOUSE RULE XIII
BUDGET ACT
AND
CONGRESSIONAL
1. Cost of Legislation and the Congressional Budget Act. With respect to the requirements of 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 and with respect to requirements of
clause (3)(c)(3) of rule XIII of the Rules of the House of Representatives and section 402 of the Congressional Budget Act of 1974, the
Committee has requested but not received a cost estimate for this
VerDate Sep 11 2014
02:43 Jul 25, 2022
Jkt 029006
PO 00000
Frm 00017
Fmt 6659
Sfmt 6602
E:\HR\OC\HR428.XXX
HR428
18
bill from the Director of Congressional Budget Office. The Committee adopts as its own cost estimate the forthcoming cost estimate of the Director of the Congressional Budget Office, should
such cost estimate be made available before House passage of the
bill.
The Committee has requested but not received from the Director
of the Congressional Budget Office a statement as to whether this
bill contains any new budget authority, spending authority, credit
authority, or an increase or decrease in revenues or tax expenditures.
2. General Performance Goals and Objectives. As required by
clause 3(c)(4) of rule XIII, the general performance goals and objectives of this bill are to amend the Lacey Act Amendments of 1981
to clarify provisions enacted by the Captive Wildlife Safety Act and
to further the conservation of certain wildlife species.
EARMARK STATEMENT
This bill does not contain any Congressional earmarks, limited
tax benefits, or limited tariff benefits as defined under clause 9(e),
9(f), and 9(g) of rule XXI of the Rules of the House of Representatives.
UNFUNDED MANDATES REFORM ACT STATEMENT
An estimate of federal mandates prepared by the Director of the
Congressional Budget Office pursuant to section 423 of the Unfunded Mandates Reform Act was not made available to the Committee in time for the filing of this report. The Chair of the Committee shall cause such estimate to be printed in the Congressional
Record upon its receipt by the Committee.
EXISTING PROGRAMS
This bill does not establish or reauthorize a program of the federal government known to be duplicative of another program.
APPLICABILITY
TO
LEGISLATIVE BRANCH
The Committee finds that the legislation does not relate to the
terms and conditions of employment or access to public services or
accommodations within the meaning of section 102(b)(3) of the Congressional Accountability Act.
PREEMPTION
OF
STATE, LOCAL,
OR
TRIBAL LAW
Any preemptive effect of this bill over state, local, or tribal law
is intended to be consistent with the bill’s purposes and text and
the Supremacy Clause of Article VI of the U.S. Constitution.
ctelli on DSK11ZRN23PROD with REPORTS
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 italics,
and existing law in which no change is proposed is shown in
roman):
VerDate Sep 11 2014
00:44 Jul 25, 2022
Jkt 029006
PO 00000
Frm 00018
Fmt 6659
Sfmt 6602
E:\HR\OC\HR428.XXX
HR428
19
LACEY ACT AMENDMENTS OF 1981
*
*
*
*
*
*
*
ctelli on DSK11ZRN23PROD with REPORTS
SEC. 2. DEFINITIONS.
For purposes of this Act:
(a) BREED.—The term ‘‘breed’’ means to facilitate propagation or
reproduction (whether intentionally or negligently), or to fail to prevent propagation or reproduction.
ø(a)¿ (b) The term ‘‘fish or wildlife’’ means any wild animal,
whether alive or dead, including without limitation any wild mammal, bird, reptile, amphibian, fish, mollusk, crustacean, arthropod,
coelenterate, or other invertebrate, whether or not bred, hatched,
or born in captivity, and includes any part, product, egg, or offspring thereof.
ø(b)¿ (c) The term ‘‘import’’ means to land on, bring into, or introduce into, any place subject to the jurisdiction of the United States,
whether or not such landing, bringing, or introduction constitutes
an importation within the meaning of the customs laws of the
United States.
ø(c)¿ (d) The term ‘‘Indian tribal law’’ means any regulation of,
or other rule of conduct enforceable by, any Indian tribe, band, or
group but only to the extent that the regulation or rule applies
within Indian country as defined in section 1151 of title 18, United
States Code.
ø(d)¿ (e) The terms ‘‘law,’’‘‘treaty,’’‘‘regulation,’’ and ‘‘Indian tribal
law’’ mean laws, treaties, regulations or Indian tribal laws which
regulate the taking, possession, importation, exportation, transportation, or sale of fish or wildlife or plants.
ø(e)¿ (f) The term ‘‘person’’ includes any individual, partnership,
association, corporation, trust, or any officer, employee, agent, department, or instrumentality of the Federal Government or of any
State or political subdivision thereof, or any other entity subject to
the jurisdiction of the United States.
ø(f)¿ (g) PLANT.—
(1) IN GENERAL.—The terms ‘‘plant’’ and ‘‘plants’’ mean any
wild member of the plant kingdom, including roots, seeds,
parts, or products thereof, and including trees from either natural or planted forest stands.
(2) EXCLUSIONS.—The terms ‘‘plant’’ and ‘‘plants’’ exclude—
(A) common cultivars, except trees, and common food
crops (including roots, seeds, parts, or products thereof);
(B) a scientific specimen of plant genetic material (including roots, seeds, germplasm, parts, or products thereof)
that is to be used only for laboratory or field research; and
(C) any plant that is to remain planted or to be planted
or replanted.
(3) EXCEPTIONS TO APPLICATION OF EXCLUSIONS.—The exclusions made by subparagraphs (B) and (C) of paragraph (2) do
not apply if the plant is listed—
(A) in an appendix to the Convention on International
Trade in Endangered Species of Wild Fauna and Flora (27
UST 1087; TIAS 8249);
(B) as an endangered or threatened species under the
Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.);
or
VerDate Sep 11 2014
00:44 Jul 25, 2022
Jkt 029006
PO 00000
Frm 00019
Fmt 6659
Sfmt 6602
E:\HR\OC\HR428.XXX
HR428
20
(C) pursuant to any State law that provides for the conservation of species that are indigenous to the State and
are threatened with extinction.
ø(g)¿ (h) PROHIBITED WILDLIFE SPECIES.—The term ‘‘prohibited
wildlife species’’ means any live species of lion, tiger, leopard, cheetah, jaguar, or cougar or any hybrid of such species.
ø(h)¿ (i) The term ‘‘Secretary’’ means, except as otherwise provided in the Act, the Secretary of the Interior or the Secretary of
Commerce, as program responsibilities are vested pursuant to the
provisions of Reorganization Plan Numbered 4 of 1970 (84 Stat.
2090); except that with respect to the provisions of this Act which
pertain to the importation or exportation of plants, the term also
means the Secretary of Agriculture.
ø(i)¿ (j) The term ‘‘State’’ means any of the several States, the
District of Columbia, the Commonwealth of Puerto Rico, the Virgin
Islands, Guam, Northern Mariana Islands, American Samoa, and
any other territory, commonwealth, or possession of the United
States.
ø(j)¿ (k) TAKEN AND TAKING.—
(1) TAKEN.—The term ‘‘taken’’ means captured, killed, or collected and, with respect to a plant, also means harvested, cut,
logged, or removed.
(2) TAKING.—The term ‘‘taking’’ means the act by which fish,
wildlife, or plants are taken.
ø(k)¿ (l) The term ‘‘transport’’ means to move, convey, carry, or
ship by any means, or to deliver or receive for the purpose of movement, conveyance, carriage, or shipment.
ctelli on DSK11ZRN23PROD with REPORTS
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 lawø;¿; or
(B) any plant—
(i) taken, possessed, transported, or sold in violation
of any law or regulation of any State, or any foreign
law, that protects plants or that regulates—
(I) the theft of plants;
(II) the taking of plants from a park, forest reserve, or other officially protected area;
(III) the taking of plants from an officially designated area; or
(IV) the taking of plants without, or contrary to,
required authorization;
(ii) taken, possessed, transported, or sold without
the payment of appropriate royalties, taxes, or stumpage fees required for the plant by any law or regulation of any State or any foreign law; or
VerDate Sep 11 2014
00:44 Jul 25, 2022
Jkt 029006
PO 00000
Frm 00020
Fmt 6659
Sfmt 6602
E:\HR\OC\HR428.XXX
HR428
ctelli on DSK11ZRN23PROD with REPORTS
21
(iii) taken, possessed, transported, or sold in violation of any limitation under any law or regulation of
any State, or under any foreign law, governing the export or transshipment of plantsø; or¿;
ø(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—
(i) taken, possessed, transported, or sold in violation
of any law or regulation of any State, or any foreign
law, that protects plants or that regulates—
(I) the theft of plants;
(II) the taking of plants from a park, forest reserve, or other officially protected area;
(III) the taking of plants from an officially designated area; or
(IV) the taking of plants without, or contrary to,
required authorization;
(ii) taken, possessed, transported, or sold without
the payment of appropriate royalties, taxes, or stumpage fees required for the plant by any law or regulation of any State or any foreign law; or
(iii) taken, possessed, transported, or sold in violation of any limitation under any law or regulation of
any State, or under any foreign law, governing the export or transshipment of plants; or
(4) to attempt to commit any act described in paragraphs
ø(1) through (3)¿ (1) through (3) or subsection (e).
(b) MARKING OFFENSES.—It is unlawful for any person to import,
export, or transport in interstate commerce any container or package containing any fish or wildlife unless the container or package
has previously been plainly marked, labeled, or tagged in accordance with the regulations issued pursuant to paragraph (2) of subsection 7(a) of this Act.
(c) SALE AND PURCHASE OF GUIDING AND OUTFITTING SERVICES
AND INVALID LICENSES AND PERMITS.—
(1) SALE.—It is deemed to be a sale of fish or wildlife in violation of this Act for a person for money or other consideration
to offer or provide—
(A) guiding, outfitting, or other services; or
(B) a hunting or fishing license or permit;
for the illegal taking, acquiring, receiving, transporting, or possessing of fish or wildlife.
(2) PURCHASE.—It is deemed to be a purchase of fish or wildlife in violation of this Act for a person to obtain for money or
other consideration—
(A) guiding, outfitting, or other services; or
(B) a hunting or fishing license or permit;
VerDate Sep 11 2014
00:44 Jul 25, 2022
Jkt 029006
PO 00000
Frm 00021
Fmt 6659
Sfmt 6602
E:\HR\OC\HR428.XXX
HR428
ctelli on DSK11ZRN23PROD with REPORTS
22
for the illegal taking, acquiring, receiving, transporting, or possessing of fish or wildlife.
(d) FALSE LABELING OFFENSES.—It is unlawful for any person to
make or submit any false record, account, or label for, or any false
identification of, any fish, wildlife, or plant which has been, or is
intended to be—
(1) imported, exported, transported, sold, purchased, or received from any foreign country; or
(2) transported in interstate or foreign commerce.
ø(e) NONAPPLICABILITY OF PROHIBITED WILDLIFE SPECIES OFFENSE.—
ø(1) IN GENERAL.—Subsection (a)(2)(C) does not apply to importation, exportation, transportation, sale, receipt, acquisition,
or purchase of an animal of a prohibited wildlife species, by a
person that, under regulations prescribed under paragraph (3),
is described in paragraph (2) with respect to that species.
ø(2) PERSONS DESCRIBED.—A person is described in this
paragraph, if the person—
ø(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;
ø(B) is a State college, university, or agency, State-licensed wildlife rehabilitator, or State-licensed veterinarian;
ø(C) is an accredited wildlife sanctuary that cares for
prohibited wildlife species and—
ø(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;
ø(ii) does not commercially trade in animals listed in
section 2(g), including offspring, parts, and byproducts
of such animals;
ø(iii) does not propagate animals listed in section
2(g); and
ø(iv) does not allow direct contact between the public and animals; or
ø(D) has custody of the animal solely for the purpose of
expeditiously transporting the animal to a person described in this paragraph with respect to the species.
ø(3) 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).
ø(4) STATE AUTHORITY.—Nothing in this subsection preempts
or supersedes the authority of a State to regulate wildlife species within that State.
ø(5) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be appropriated to carry out subsection (a)(2)(C)
$3,000,000 for each of fiscal years 2004 through 2008.¿
(e) CAPTIVE WILDLIFE OFFENSE.—
(1) IN GENERAL.—Except as provided in paragraph (2), it is
unlawful for any person to—
VerDate Sep 11 2014
00:44 Jul 25, 2022
Jkt 029006
PO 00000
Frm 00022
Fmt 6659
Sfmt 6603
E:\HR\OC\HR428.XXX
HR428
ctelli on DSK11ZRN23PROD with REPORTS
23
(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) 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, peeredited population management and care plan that
has been provided to the Secretary with justifications that the plan—
(aa) reflects established conservation science
principles;
(bb) 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;
VerDate Sep 11 2014
00:44 Jul 25, 2022
Jkt 029006
PO 00000
Frm 00023
Fmt 6659
Sfmt 6603
E:\HR\OC\HR428.XXX
HR428
ctelli on DSK11ZRN23PROD with REPORTS
24
(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) 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.
(f) PLANT DECLARATIONS.—
(1) IMPORT DECLARATION.—Effective 180 days from the date
of enactment of this subsection, and except as provided in
paragraph (3), it shall be unlawful for any person to import
any plant unless the person files upon importation a declaration that contains—
(A) the scientific name of any plant (including the genus
and species of the plant) contained in the importation;
(B) a description of—
(i) the value of the importation; and
(ii) the quantity, including the unit of measure, of
the plant; and
(C) the name of the country from which the plant was
taken.
(2) DECLARATION RELATING TO PLANT PRODUCTS.—Until the
date on which the Secretary promulgates a regulation under
paragraph (6), a declaration relating to a plant product shall—
(A) in the case in which the species of plant used to
produce the plant product that is the subject of the importation varies, and the species used to produce the plant
product is unknown, contain the name of each species of
plant that may have been used to produce the plant product;
(B) in the case in which the species of plant used to
produce the plant product that is the subject of the importation is commonly taken from more than one country, and
the country from which the plant was taken and used to
produce the plant product is unknown, contain the name
of each country from which the plant may have been
taken; and
VerDate Sep 11 2014
00:44 Jul 25, 2022
Jkt 029006
PO 00000
Frm 00024
Fmt 6659
Sfmt 6602
E:\HR\OC\HR428.XXX
HR428
25
(C) in the case in which a paper or paperboard plant
product includes recycled plant product, contain the average percent recycled content without regard for the species
or country of origin of the recycled plant product, in addition to the information for the non-recycled plant content
otherwise required by this subsection.
(3) EXCLUSIONS.—Paragraphs (1) and (2) shall not apply to
plants used exclusively as packaging material to support, protect, or carry another item, unless the packaging material itself
is the item being imported.
(4) REVIEW.—Not later than two years after the date of enactment of this subsection, the Secretary shall review the implementation of each requirement imposed by paragraphs (1)
and (2) and the effect of the exclusion provided by paragraph
(3). In conducting the review, the Secretary shall provide public notice and an opportunity for comment.
(5) REPORT.—Not later than 180 days after the date on
which the Secretary completes the review under paragraph (4),
the Secretary shall submit to the appropriate committees of
Congress a report containing—
(A) an evaluation of—
(i) the effectiveness of each type of information required under paragraphs (1) and (2) in assisting enforcement of this section; and
(ii) the potential to harmonize each requirement imposed by paragraphs (1) and (2) with other applicable
import regulations in existence as of the date of the
report;
(B) recommendations for such legislation as the Secretary determines to be appropriate to assist in the identification of plants that are imported into the United States
in violation of this section; and
(C) an analysis of the effect of subsection (a) and this
subsection on—
(i) the cost of legal plant imports; and
(ii) the extent and methodology of illegal logging
practices and trafficking.
(6) PROMULGATION OF REGULATIONS.—Not later than 180
days after the date on which the Secretary completes the review under paragraph (4), the Secretary may promulgate regulations—
(A) to limit the applicability of any requirement imposed
by paragraph (2) to specific plant products;
(B) to make any other necessary modification to any requirement imposed by paragraph (2), as determined by the
Secretary based on the review; and
(C) to limit the scope of the exclusion provided by paragraph (3), if the limitations in scope are warranted as a result of the review.
ctelli on DSK11ZRN23PROD with REPORTS
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), (d), (e), and (f)
of section 3) and in the exercise of due care should know that
the fish or wildlife or plants were taken, possessed, trans-
VerDate Sep 11 2014
00:44 Jul 25, 2022
Jkt 029006
PO 00000
Frm 00025
Fmt 6659
Sfmt 6602
E:\HR\OC\HR428.XXX
HR428
ctelli on DSK11ZRN23PROD with REPORTS
26
ported, or sold in violation of, or in a manner unlawful under,
any underlying law, treaty, or regulation, and any person who
knowingly violates subsection (d), (e), or (f) of section 3, 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, or $10,000, whichever is less.
(2) Any person who violates subsection (b) or (f) of section 3,
except as provided in paragraph (1), may be assessed a civil
penalty by the Secretary of not more than $250.
(3) For purposes of paragraphs (1) and (2), any reference to
a provision of this Act or to a section of this Act shall be treated as including any regulation issued to carry out any such
provision or section.
(4) No civil penalty may be assessed under this subsection
unless the person accused of the violation is given notice and
opportunity for a hearing with respect to the violation. 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 a
person may have taken or been in possession of the said fish
or wildlife or plants.
(5) Any civil penalty assessed under this subsection may be
remitted or mitigated by the Secretary.
(6) In determining the amount of any penalty assessed pursuant to paragraphs (1) and (2), the Secretary shall take into
account the nature, circumstances, extent, and gravity of the
prohibited act committed, and with respect to the violator, the
degree of culpability, ability to pay, and such other matters as
justice may require.
(b) HEARINGS.—Hearings held during proceedings for the assessment of civil penalties shall be conducted in accordance with section 554 of title 5, United States Code. The administrative law
judge may issue subpenas for the attendance and testimony of witnesses and the production of relevant papers, books, or documents,
and may administer oaths. Witnesses summoned shall be paid the
same fees and mileage that are paid to witnesses in the courts of
the United States. In case of contumacy or refusal to obey a subpena issued pursuant to this paragraph and served upon any person, the district court of the United States for any district in which
such person is found, resides, or transacts business, upon application by the United States and after notice to such person, shall
have jurisdiction to issue an order requiring such person to appear
and give testimony before the administrative law judge or to appear and produce documents before the administrative law judge,
or both, and any failure to obey such order of the court may be
punished by such court as a contempt thereof.
(c) REVIEW OF CIVIL PENALTY.—Any person against whom a civil
penalty is assessed under this section may obtain review thereof in
VerDate Sep 11 2014
00:44 Jul 25, 2022
Jkt 029006
PO 00000
Frm 00026
Fmt 6659
Sfmt 6602
E:\HR\OC\HR428.XXX
HR428
ctelli on DSK11ZRN23PROD with REPORTS
27
the appropriate District Court of the United States by filing a complaint in such court within 30 days after the date of such order and
by simultaneously serving a copy of the complaint by certified mail
on the Secretary, the Attorney General, and the appropriate United
States attorney. The Secretary shall promptly file in such court a
certified copy of the record upon which such violation was found or
such penalty imposed, as provided in section 2112 of title 28,
United States Code. If any person fails to pay an assessment of a
civil penalty after it has become a final and unappealable order or
after the appropriate court has entered final judgment in favor of
the Secretary, the Secretary may request the Attorney General of
the United States to institute a civil action in an appropriate district court of the United States to collect the penalty, and such
court shall have jurisdiction to hear and decide any such action. In
hearing such action, the court shall have authority to review the
violation and the assessment of the civil penalty de novo.
(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), (d), (e), and (f) of section 3), or
(B) violates any provision of this Act (other than subsections (b), (d), (e), and (f) 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), (d), (e),
and (f) 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 subsection (d) or (f)
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
VerDate Sep 11 2014
00:44 Jul 25, 2022
Jkt 029006
PO 00000
Frm 00027
Fmt 6659
Sfmt 6602
E:\HR\OC\HR428.XXX
HR428
28
(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).
(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.
(e) PERMIT SANCTIONS.—The Secretary may also suspend, modify, or cancel any Federal hunting or fishing license, permit, or
stamp, or any license or permit authorizing a person to import or
export fish or wildlife or plants (other than a permit or license
issued pursuant to the Fishery Conservation and Management Act
of 1976), or to operate a quarantine station or rescue center for imported wildlife or plants, issued to any person who is convicted of
a criminal violation of any provision of this Act or any regulation
issued hereunder. The Secretary shall not be liable for the payments of any compensation, reimbursement, or damages in connection with the modification, suspension, or revocation of any licenses, permits, stamps, or other agreements pursuant to this section.
ctelli on DSK11ZRN23PROD with REPORTS
SEC. 5. FORFEITURE.
(a) IN GENERAL.—
(1) All fish or wildlife or plants bred, possessed, imported, exported, transported, sold, received, acquired, or purchased contrary to the provisions of section 3 of this Act (other than subsection 3(b)), or any regulation issued pursuant thereto, shall
be subject to forfeiture to the United States notwithstanding
any culpability requirements for civil penalty assessment or
criminal prosecution included in section 4 of this Act.
(2) All vessels, vehicles, aircraft, and other equipment used
to aid in the importing, exporting, transporting, selling, receiving, acquiring, or purchasing of fish or wildlife or plants in a
criminal violation of this Act for which a felony conviction is
obtained shall be subject to forfeiture to the United States if
(A) the owner of such vessel, vehicle, aircraft, or equipment
was at the time of the alleged illegal act a consenting party or
privy thereto or in the exercise of due care should have known
that such vessel, vehicle, aircraft, or equipment would be used
in a criminal violation of this Act, and (B) the violation involved the sale or purchase of, the offer of sale or purchase of,
or the intent to sell or purchase, fish or wildlife or plants.
(b) APPLICATION OF CUSTOMS LAWS.—All provisions of law relating to the seizure, forfeiture, and condemnation of property for violation of the customs laws, the disposition of such property or the
proceeds from the sale thereof, and the remission or mitigation of
such forfeiture, shall apply to the seizures and forfeitures incurred,
or alleged to have been incurred, under the provisions of this Act,
insofar as such provisions of law are applicable and not incon-
VerDate Sep 11 2014
00:44 Jul 25, 2022
Jkt 029006
PO 00000
Frm 00028
Fmt 6659
Sfmt 6602
E:\HR\OC\HR428.XXX
HR428
29
sistent with the provisions of this Act; except that all powers,
rights, and duties conferred or imposed by the customs laws upon
any officer or employee of the Treasury Department may, for the
purposes of this Act, also be exercised or performed by the Secretary or by such persons as he may designate: Provided, That any
warrant for search or seizure shall be issued in accordance with
rule 41 of the Federal Rules of Criminal Procedure.
(c) STORAGE COST.—Any person convicted of an offense, or assessed a civil penalty, under section 4 shall be liable for the costs
incurred in the storage, care, and maintenance of any fish or wildlife or plant seized in connection with the violation concerned.
(d) CIVIL FORFEITURES.—Civil forfeitures under this section shall
be governed by the provisions of chapter 46 of title 18, United
States Code.
*
*
*
*
*
*
*
SEC. 7. ADMINISTRATION.
(a) REGULATIONS.—
(1) The Secretary, after consultation with the Secretary of
the Treasury, is authorized to issue such regulations, except as
provided in paragraph (2), as may be necessary to carry out
the provisions of sections 3(f), 4, and 5 of this Act.
(2) The Secretaries of the Interior and Commerce shall jointly promulgate specific regulations to implement the provisions
of subsection 3(b) and of this Act for the marking and labeling
of containers or packages containing fish or wildlife. These regulations shall be in accordance with existing commercial practices.
(3) The Secretary shall, in consultation with other relevant
Federal and State agencies, promulgate any regulations necessary to implement section 3(e).
(b) CONTRACT AUTHORITY.—Beginning in fiscal year 1983, to the
extent and in the amounts provided in advance in appropriations
Acts, the Secretary may enter into such contracts, leases, cooperative agreements, or other transactions with any Federal or State
agency, Indian tribe, public or private institution, or other person,
as may be necessary to carry out the purposes of this Act.
(c) CLARIFICATION OF EXCLUSIONS FROM DEFINITION OF PLANT.—
The Secretary of Agriculture and the Secretary of the Interior,
after consultation with the appropriate agencies, shall jointly promulgate regulations to define the terms used in øsection 2(f)(2)(A)¿
section 2(g)(2)(A) for the purposes of enforcement under this Act.
*
*
*
*
*
*
*
CONSOLIDATED FARM AND RURAL DEVELOPMENT ACT
*
*
*
*
*
*
*
TITLE III—AGRICULTURAL CREDIT
ctelli on DSK11ZRN23PROD with REPORTS
*
*
*
*
*
*
*
SUBTITLE D—ADMINISTRATIVE PROVISIONS
*
VerDate Sep 11 2014
00:44 Jul 25, 2022
Jkt 029006
*
PO 00000
*
Frm 00029
*
Fmt 6659
Sfmt 6602
*
*
E:\HR\OC\HR428.XXX
*
HR428
ctelli on DSK11ZRN23PROD with REPORTS
30
SEC. 349. (a) For purposes of this section:
(1) The term ‘‘governmental entity’’ means any agency of the
United States, a State, or a unit of local government of a State.
(2) The terms ‘‘highly erodible land’’ and ‘‘wetland’’ have the
meanings, respectively, that such terms are given in section
1201 of the Food Security Act of 1985.
(3) The term ‘‘wildlife’’ means fish or wildlife as defined in
øsection 2(a)¿ section 2 of the Lacey Act Amendments of 1981
(16 U.S.C. ø3371(a)¿ 3371).
(4) The term ‘‘recreational purposes’’ includes hunting.
(b) CONTRACTS ON LOAN SECURITY PROPERTIES.—Subject to subsection (c), the Secretary may enter into a contract related to real
property for conservation, recreation, or wildlife purposes.
(c) LIMITATIONS.—The Secretary may enter into a contract under
subsection (b) if—
(1) such property is wetland, upland, or highly erodible land;
(2) such property is determined by the Secretary to be suitable for the purposes involved; and
(3)(A) such property secures any loan made under any law
administered by the Secretary and held by the Secretary; and
(B) such contract better enables a qualified borrower to
repay the loan in a timely manner, as determined by the Secretary.
(d) The terms and conditions specified in each such contract
shall—
(1) specify the purposes for which such real property may be
used;
(2) identify the conservation measures to be taken, and the
recreational and wildlife uses to be allowed, with respect to
such real property; and
(3) require such owner to permit the Secretary, and any person or governmental entity designated by the Secretary, to
have access to such real property for the purpose of monitoring
compliance with such contract.
(e)(1) Subject to paragraph (2), the Secretary may reduce or forgive the outstanding debt of a borrower—
(A) in the case of a borrower to whom the Secretary has
made one or more outstanding loans under laws administered
by the Secretary, by canceling that part of the aggregate
amount of such outstanding loans that bears the same ratio to
such aggregate amount as the number of acres of the real
property of the borrower that are subject to the contract bears
to the aggregate number of acres securing such loans; or
(B) in any other case, by treating as prepaid that part of the
principal amount of a new loan to the borrower issued and
held by the Secretary under a law administered by the Farmers Home Administration that bears the same ratio to such
principal amount as the number of acres of the real property
of the borrower that are subject to the contract bears to the aggregate number of acres securing the new loan.
(2) The amount so canceled or treated as prepaid pursuant to
paragraph (1) shall not exceed—
(A) in the case of a delinquent loan, the value of the land on
which the contract is entered into or the difference between the
VerDate Sep 11 2014
00:44 Jul 25, 2022
Jkt 029006
PO 00000
Frm 00030
Fmt 6659
Sfmt 6602
E:\HR\OC\HR428.XXX
HR428
31
amount of the outstanding loan secured by the land and the
value of the land, whichever is greater; or
(B) in the case of a nondelinquent loan, 33 percent of the
amount of the loan secured by the land.
(f) If the Secretary elects to use the authority provided by this
section, the Secretary shall consult with the Director of the Fish
and Wildlife Service for purposes of—
(1) selecting real property in which the Secretary may enter
into contracts under this section;
(2) formulating the terms and conditions of such contracts;
and
(3) enforcing such contracts.
(g) The Secretary, and any person or governmental entity designated by the Secretary, may enforce a contract entered into by
the Secretary under this section.
ctelli on DSK11ZRN23PROD with REPORTS
*
VerDate Sep 11 2014
00:44 Jul 25, 2022
Jkt 029006
*
PO 00000
*
Frm 00031
*
Fmt 6659
Sfmt 6602
*
*
E:\HR\OC\HR428.XXX
*
HR428
DISSENTING VIEWS
ctelli on DSK11ZRN23PROD with REPORTS
H.R. 263, the Big Cat Public Safety Act, would create new federal
authorities under the Lacey Act (16 U.S.C. 3371–3378) to supersede
or preempt a state’s authority to regulate big cats within that state
and would set up a duplicative regulatory system. H.R. 263 would
mandate all persons or entities that currently possess big cats to
register each animal with the U.S. Fish and Wildlife Service
(USFWS) within 180 days of enactment in order to keep the animals. In addition, it would require big cat owners to certify that
they will not breed, acquire, or sell any big cats, and would prohibit
direct public contact.
Currently, the Lacey Act limits who can engage in interstate
commerce of big cats. H.R. 263 would expand these authorities, irrespective of state law, to require that big cats exhibited at U.S.
Department of Agriculture (USDA)-licensed or USDA-registered facilities be at least fifteen feet from the public or behind a permanent barrier. This requirement does not have an implementation
period. Under H.R. 263, facilities that are not in compliance with
the new requirements set by the bill prior to enactment would be
subject to fines or jail time.
H.R. 263’s mandates would overlay state authority, and in some
cases duplicate, existing federal government processes. The Animal
and Plant Health Inspection Service (APHIS) at the USDA already
regulates the treatment of animals in research and exhibition pursuant to the Animal Welfare Act of 1966 (7 U.S.C. 2131 et seq.).
The USDA already has inspectors and law enforcement officers in
place that are experts in animal welfare issues. This bill ignores
the existing animal regulatory process in place at the USDA and
attempts to create a new regulatory system. Some supporters of the
bill admit that H.R. 263 would overlay an existing federal process
because they would rather work with the Committee on Natural
Resources rather than the Committee on Agriculture.
Creating two regulatory frameworks at two different departments—the Department of the Interior and USDA—overlayed with
existing state regulation will only create confusion and duplication.
For that reason, I offered an amendment that would have moved
the authorities proposed by H.R. 263 into the current USDA framework without superseding state authorities. That alternative was
unfortunately rejected on a party-line vote.
If the Committee Democrats want to solve a problem with big cat
regulation, they should reform the authorities that already address
(32)
VerDate Sep 11 2014
00:44 Jul 25, 2022
Jkt 029006
PO 00000
Frm 00032
Fmt 6604
Sfmt 6604
E:\HR\OC\HR428.XXX
HR428
33
these matters, rather than creating a complicated and duplicative
regulatory scheme. For these reasons, I am opposed to H.R. 263.
BRUCE WESTERMAN,
Ranking Member, Committee on Natural Resources.
ctelli on DSK11ZRN23PROD with REPORTS
Æ
VerDate Sep 11 2014
00:44 Jul 25, 2022
Jkt 029006
PO 00000
Frm 00033
Fmt 6604
Sfmt 6611
E:\HR\OC\HR428.XXX
HR428
| File Type | application/pdf |
| File Title | CRPT-117hrpt428 (1).pdf |
| Author | ABrisendine |
| File Modified | 2022-12-28 |
| File Created | 2022-12-27 |