Big Cats and Public Safety Protection Act

[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[S. 1381 Introduced in Senate (IS)]

113th CONGRESS
  1st Session
                                S. 1381

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.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                             July 29, 2013

Mr. Blumenthal (for himself, Mr. Sanders, and Mr. Brown) introduced the
 following bill; which was read twice and referred to the Committee on
                      Environment and Public Works

_______________________________________________________________________

                                 A BILL

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.

    Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Big Cats and Public Safety
Protection 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;
            (2) by inserting before subsection (b) (as so redesignated)
        the following:
    ``(a) Breed.--The term `breed' means to facilitate the propagation
or reproduction (whether intentionally or negligently), or to fail to
prevent the propagation or reproduction, of a prohibited wildlife
species or other animal.''; and
            (3) by adding at the end the following:
    ``(m) Traveling Circus.--The term `traveling circus' means an
exhibitor holding a Class C license issued under the Animal Welfare Act
(7 U.S.C. 2131 et seq.).''.
    (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 by striking ``section 2(a)'' and
        inserting ``section 2(b)''.
            (2) Lacey act amendments of 1981.--
                    (A) Section 3(e)(2)(C) of the Lacey Act Amendments
                of 1981 (16 U.S.C. 3372(e)(2)(C)) is amended--
                            (i) in clause (ii), by striking ``section
                        2(g)'' and inserting ``section 2(h)''; and
                            (ii) in clause (iii), by striking ``section
                        2(g)'' and inserting ``section 2(h)''.
                    (B) 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(a) of the Lacey Act Amendments of 1981 (16 U.S.C.
3372(a)) is amended--
            (1) in paragraph (2)--
                    (A) in subparagraph (A), by striking the semicolon
                at the end and inserting ``; or'';
                    (B) in subparagraph (B)(iii), by striking ``; or''
                and inserting a semicolon; and
                    (C) by striking subparagraph (C);
            (2) in paragraph (3)(B)(iii), by striking ``; or'' and
        inserting a semicolon;
            (3) by redesignating paragraph (4) as paragraph (5);
            (4) by inserting after paragraph (3) the following:
            ``(4) subject to subsection (e), to import, export,
        transport, sell, receive, acquire, or purchase in interstate or
        foreign commerce, or to breed or possess, any prohibited
        wildlife species; or''; and
            (5) in paragraph (5), (as so redesignated), by striking
        ``(1) through (3)'' and inserting ``(1) through (4)''.

SEC. 4. NONAPPLICABILITY OF OFFENSES.

    (a) In General.--Section 3(e) of the Lacey Act Amendments of 1981
(16 U.S.C. 3372(e)) is amended--
            (1) by striking paragraph (1) and inserting the following:
            ``(1) In general.--Subsection (a)(4) shall not apply to--
                    ``(A) the importation, exportation, transportation,
                sale, receipt, acquisition, purchase, breeding, or
                possession of an animal of a prohibited wildlife
                species, by any person that, under any regulation
                promulgated under paragraph (3), is described in
                subparagraph (A), (B), (C), (D), or (F) of paragraph
                (2) with respect to that species; and
                    ``(B) the transportation or possession of an animal
                of a prohibited wildlife species, by a person that,
                under any regulation promulgated under paragraph (3),
                is described in paragraph (2)(E) with respect to that
                species.''; and
            (2) in paragraph (2)--
                    (A) by striking subparagraph (A) and inserting the
                following:
                    ``(A) is an institution accredited by the
                Association of Zoos and Aquariums (AZA) or certified
                related facilities that coordinate with an AZA Species
                Survival Plan for breeding of species listed as
                threatened or endangered pursuant to the provision of
                law codified at section 1533 of title 16, United States
                Code;'';
                    (B) in subparagraph (C)--
                            (i) by striking ``is an accredited'' and
                        inserting ``is a'';
                            (ii) in clause (iii), by striking ``and'';
                            (iii) in clause (iv), by striking ``or''
                        and inserting ``and''; and
                            (iv) by adding at the end the following:
                            ``(v) does not allow the transportation and
                        display of animals off-site;'';
                    (C) in subparagraph (D), by striking the period at
                the end and inserting ``; or''; and
                    (D) by adding at the end the following:
                    ``(E) is in possession of any animal of any
                prohibited wildlife species, that--
                            ``(i) is born before the date of enactment
                        of this subparagraph; and
                            ``(ii) not later than 180 days after the
                        date on which regulations are promulgated
                        implementing this subparagraph, is registered
                        with the Animal and Plant Health Inspection
                        Service; or
                    ``(F) is a traveling circus that--
                            ``(i) regularly travels in interstate
                        commerce to conduct performances featuring live
                        prohibited wildlife species and multiple
                        trained human entertainers, including clowns
                        and acrobats;
                            ``(ii) does not allow members of the public
                        to be in direct contact with or unsafe
                        proximity to a prohibited wildlife species of
                        any age, including offering photographic
                        opportunities or interactive sessions; and
                            ``(iii) during the 3-year period preceding
                        the date of the enactment of this subparagraph,
                        has not been determined by the Secretary of
                        Agriculture to have violated the Animal Welfare
                        Act (7 U.S.C. 2131 et seq.) by reason of
                        jeopardizing the health and well-being of a
                        prohibited wildlife species, including
                        jeopardizing such health and well-being by
                        providing--
                                    ``(I) inappropriate veterinary
                                care;
                                    ``(II) inappropriate handling of
                                the species causing stress or trauma to
                                the species or a threat to public
                                safety; or
                                    ``(III) insufficient food, water,
                                shelter, or space.''.
    (b) Regulations.--Not later than 180 days after the date of
enactment of this Act, the Secretary of the Interior, acting through
the Director of the United States Fish and Wildlife Service, and the
Secretary of Agriculture, acting through the Administrator of the
Animal and Plant Health Inspection Service, shall promulgate
regulations implementing the amendments made by this section.

SEC. 5. 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 ``(a)(4),'' after ``subsections''; and
            (2) by striking ``subsection (d)'' and inserting
        ``subsection (a)(4), (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) in subparagraph (A), by striking ``or'' after
                the comma at the end;
                    (B) in subparagraph (B), by adding ``or'' after the
                comma at the end; and
                    (C) by inserting after subparagraph (B) the
                following:
                    ``(C) knowingly violates section 3(a)(4),''; and
            (2) in paragraph (2), by inserting ``, or in the exercise
        of due care should know that the conduct violates section
        3(a)(4),'' after ``treaty or regulation''.

SEC. 6. FORFEITURE.

    Section 5(a) of the Lacey Act Amendments of 1981 (16 U.S.C.
3374(a)) is amended--
            (1) in paragraph (1), by striking ``or purchased'' and
        inserting ``purchased, bred, or possessed,''; and
            (2) in paragraph (2)--
                    (A) by striking ``or purchasing'' and inserting
                ``purchasing, breeding, or possessing,'' and
                    (B) by striking ``sale or purchase of, the offer of
                sale or purchase of, or the intent to sell or
                purchase'' and inserting ``importation, exportation,
                transportation, sale, receipt, acquisition, purchase,
                breeding, or possession of, the offer of importation,
                exportation, transportation, sale, receipt,
                acquisition, purchase, breeding, or possession of, or
                the intent to import, export, transport, sell, receive,
                acquire, purchase, breed, or possess''.
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