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116th Congress} { Report
2d Session } HOUSE OF REPRESENTATIVES { 116-430
======================================================================
BIG CAT PUBLIC SAFETY ACT
_______
June 8, 2020.--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. 1380]
[Including cost estimate of the Congressional Budget Office]
The Committee on Natural Resources, to whom was referred
the bill (H.R. 1380) 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 without amendment and recommends that the
bill do pass.
Purpose of the Bill
The purpose of H.R. 1380 is 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.
Background and Need for Legislation
It is not known how many big cats, including tigers, lions,
jaguars, leopards, cougars, and hybrids, are currently kept in
private ownership in the U.S., but estimates are as high as
10,000 to 20,000. Privately owned big cats are often purchased
as cubs for photo-ops, but as the cubs grow, they are often
then sold into the exotic pet trade or on the black market for
wildlife parts. Adult big cats in private ownership are
typically held in inadequate conditions that threaten public
safety.
Since 1990, there have been around 300 dangerous incidents
involving big cats in the United States resulting in human
injuries, mauling, and death.\1\ In many cases, the animals are
shot and killed, as first responders are not equipped for
situations with big cats.
---------------------------------------------------------------------------
\1\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.
---------------------------------------------------------------------------
In 2003, Congress unanimously passed the Captive Wildlife
Safety Act\2\ (CWSA), which amended the Lacey Act to prohibit
the import, export, buying, selling, transport, receiving, or
acquisition of big cats across states and the U.S. border.
However, there is no federal policy regarding the possession of
big cats. State laws vary from no restrictions, to simply
requiring registration, to completely banning ownership of big
cats as pets.\3\
---------------------------------------------------------------------------
\2\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. Sec. Sec. 3371-72 & notes).
\3\See generally Summary of State Laws Relating to Private
Possession of Exotic Animals, Born Free USA, https://
www.bornfreeusa.org/campaigns/animals-in-captivity/summary-state-laws-
exotic-animals/ (last updated May 2016).
---------------------------------------------------------------------------
H.R. 1380, the Big Cat Public Safety Act, ends the
ownership of big cats as pets and prohibits 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 Big Cat Public Safety Act is narrowly focused
on privately-owned 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
H.R. 1380 was introduced on February 26, 2019, 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 March 26, 2019, the Subcommittee held a hearing on the bill.
On September 18, 2019, the Natural Resources Committee met to
consider the bill. The Subcommittee was discharged by unanimous
consent. Ranking Member Rob Bishop (R-UT) offered an amendment
designated #2. The amendment was not agreed to, by a roll call
vote of 16 yeas and 19 nays, as follows:
No additional amendments were offered. The bill was adopted
and ordered favorably reported to the House of Representatives
by a roll call vote of 21 yeas and 14 nays, as follows:
Hearings
For the purposes of section 103(i) of H. Res. 6 of the
116th Congress--the following hearing was used to develop or
consider H.R. 1380: legislative hearing by the Subcommittee on
Water, Oceans, and Wildlife held on March 26, 2019.
Section-by-Section Analysis
Section 1. Short title
Section 2. Definitions
Section 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, or cougar or any hybrid of such species.
Exemptions are provided for USDA Class C license holders, state
universities, veterinarians, and wildlife sanctuaries, if
direct contact with wildlife is prohibited. Some exceptions
regarding direct contact do apply for trained professionals,
veterinarians, and conservation programs that do not involve
commercial activity 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.
Section 4. Penalties. This section specifies that
individuals who knowingly violate the bill shall be fined up to
$20,000, or imprisoned for up to 5 years, or both. Each
violation will be treated as a separate offense, and the
offense will be prosecuted as having been committed where the
violation first occurred or where the defendant may have taken
or been in possession of wildlife.
Section 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.
Section 6. Administration. This section directs the
Department of Interior, in consultation with federal and state
agencies, to promulgate regulations to implement the bill.
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.
Compliance With House Rule XIII and Congressional Budget Act
1. Cost of Legislation and the Congressional Budget Act.
With respect to the requirements of clause 3(c)(2) and (3) of
rule XIII of the Rules of the House of Representatives and
sections 308(a) and 402 of the Congressional Budget Act of
1974, the Committee has received the following estimate for the
bill from the Director of the Congressional Budget Office:
U.S. Congress,
Congressional Budget Office,
Washington, DC, March 5, 2019.
Hon. Raul M. Grijalva,
Chairman, Committee on Natural Resources,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed revised cost estimate for H.R. 1380, the
Big Cat Public Safety Act.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Janani
Shankaran for federal costs and Lilia Ledezma for mandates.
Sincerely,
Phillip L. Swagel,
Director.
Enclosure.
Current law prohibits the import, export, purchase, sale,
transport, or acquisition of big cats, such as lions and
tigers, across state lines or the national border. H.R. 1380
would prohibit the breeding and possession of those animals,
although wildlife sanctuaries, veterinarians, colleges and
universities, zoos, exhibitions, and other entities that meet
certain requirements would be exempt. In addition, people who
already own such animals would be permitted to keep them if
they register with the U.S. Fish and Wildlife Service (USFWS).
H.R. 1380 would direct USFWS to issue regulations to
implement the prohibition on breeding and possession. In
addition, CBO expects that under the bill, the Department of
Agriculture (USDA) would revise existing regulations on the
licensing of entities that possess, exhibit, and breed big
cats. Based on the costs of similar tasks, CBO estimates that
developing those regulations would cost $1 million in 2020.
Many states already prohibit ownership of the affected
species and CBO expects that people who currently own such
animals would register with USFWS. Thus, violations under the
bill would probably occur infrequently. On that basis, CBO
estimates that USFWS would incur costs of less than $500,000
annually after 2020 to maintain the registry and conduct
enforcement. In total, we estimate that implementing H.R. 1380
would cost $3 million over the 2020-2024 period; such spending
would be subject to the availability of appropriated funds.
Under H.R. 1380, violators would be subject to criminal and
civil penalties, which are recorded in the budget as revenues.
Some of those penalties can be spent without further
appropriation. Thus, enacting the bill could increase revenues
and associated direct spending; however, CBO estimates that the
net reduction in the deficit would be insignificant over the
2020-2029 period.
Because H.R. 1380 would either prohibit the possession and
breeding of big cats or require owners, exhibitors, and
breeders to take actions that would exempt them from the
prohibitions, the bill contains intergovernmental and private-
sector mandates as defined in the Unfunded Mandates Reform Act
(UMRA). Although CBO cannot estimate the cost to comply with
some of the bill's mandates, we expect the aggregate cost of
the mandates, which would include both lost revenue and
additional expenses to comply with the bill's requirements,
would not exceed the annual threshold established in UMRA for
intergovernmental and private-sector mandates ($84 million and
$168 million respectively, in 2020, adjusted annually for
inflation).
The bill would establish different requirements for
entities licensed by the USDA to possess, exhibit and breed big
cats, for wildlife sanctuaries, and for all other owners to be
eligible for an exemption from the prohibitions.
Approximately 360 facilities, both public and private, are
licensed by the USDA to possess, exhibit and breed big cats. To
qualify for an exemption from the bill's prohibitions, those
who are exhibitors would be required to:
Prohibit public contact, with limited
exceptions, with the big cats; and
Maintain a 15-foot gap between the public
and the animals or erect a permanent barrier.
Approximately 40 exhibitors, including public zoos, allow
physical contact with big cats through seasonal encounters with
the animals, and about 200 mostly privately owned facilities
host or participate in special fundraising events that allow
some form of encounter with the animals. CBO expects that
prohibiting contact with the cats (or keeping the 15-foot gap)
would decrease the financial success of these events. Using
information provided by conservation groups and industry
sources, CBO estimates that the cost of prohibiting or limiting
these activities, in the form of foregone revenue, would be
about $80 million each year.
Further, licensed owners and trainers provide big cats for
movies and documentaries involving the type of physical contact
with the animals that would be prohibited under the bill. By
requiring a minimum distance of 15 feet between the public and
the big cats, CBO expects demand for big cats in motion
pictures would fall. Using information from industry sources,
CBO estimates that owners and trainers would incur costs in the
form of foregone revenue of about $20 million per year.
CBO has no data about the physical characteristics of
exhibition settings or the ability of licensed exhibitors who
wish to continue public exposure to the big cats to meet the
new set-back and barrier requirements. Thus, CBO cannot
estimate the cost to comply with this exemption.
In order to be exempted from the bill's prohibitions, H.R.
1380 would prohibit wildlife sanctuaries from transporting and
displaying their big cats off site. CBO has no data on the
number of sanctuaries that transport and display big cats or
the revenue associated with that activity, and thus, cannot
estimate the cost of this prohibition.
The bill would require all other entities that possess big
cats born before enactment of the bill to register the animals
with the USFWS to be exempted from the bill's prohibitions. CBO
cannot estimate the cost of this mandate because regulations
implementing the bill, including the cost to register the
animals, have not been developed and the number of animals that
would need to be registered is unknown.
Finally, to be eligible for the exemption, those owners
also would be prohibited from breeding or selling their cats.
Approximately 200 cubs are traded or sold each year at value of
roughly $8,000 per animal, according to industry sources; many
of those cubs are born in facilities that would be unable to
continue breeding big cats. CBO estimates the cost of the
breeding prohibition would be less than $1.6 million per year.
This revised estimate supersedes the estimate for H.R.
1380, the Big Cat Public Safety Act that was transmitted on
December 4, 2019. CBO has updated this estimate to reflect new
information that lowered our estimate of the cost of the
private-sector mandates contained in the bill. CBO's estimate
of the federal costs is unchanged.
The CBO staff contacts for this estimate are Janani
Shankaran (for federal costs) and Lilia Ledezma (for mandates).
The estimate was reviewed by H. Samuel Papenfuss, Deputy
Director of Budget Analysis.
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, 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
Because H.R. 1380 would either prohibit the possession and
breeding of big cats or require owners, exhibitors, and
breeders to take actions that would exempt them from the
prohibitions, the bill contains intergovernmental and private-
sector mandates as defined in the Unfunded Mandates Reform Act
(UMRA). Although CBO cannot estimate the cost to comply with
some of the bill's mandates, CBO expects the aggregate cost of
the mandates, which would include both lost revenue and
additional expenses to comply with the bill's requirements,
would not exceed the annual threshold established in UMRA for
intergovernmental and private-sector mandates ($84 million and
$168 million respectively, in 2020, adjusted annually for
inflation).
The bill would establish different requirements for
entities licensed by the USDA to possess, exhibit and breed big
cats, for wildlife sanctuaries, and for all other owners to be
eligible for an exemption from the prohibitions.
Approximately 360 facilities, both public and private, are
licensed by the USDA to possess, exhibit and breed big cats. To
qualify for an exemption from the bill's prohibitions, those
who are exhibitors would be required to:
Prohibit public contact, with limited
exceptions, with the big cats; and
Maintain a 15-foot gap between the public
and the animals or erect a permanent barrier.
Approximately 40 exhibitors, including public zoos, allow
physical contact with big cats through seasonal encounters with
the animals, and about 200 mostly privately owned facilities
host or participate in special fundraising events that allow
some form of encounter with the animals. CBO expects that
prohibiting contact with the cats (or keeping the 15-foot gap)
would decrease the financial success of these events. Using
information provided by conservation groups and industry
sources, CBO estimates that the cost of prohibiting or limiting
these activities, in the form of foregone revenue, would be
about $80 million each year.
Further, licensed owners and trainers provide big cats for
movies and documentaries involving the type of physical contact
with the animals that would be prohibited under the bill. By
requiring a minimum distance of 15 feet between the public and
the big cats, CBO expects demand for big cats in motion
pictures would fall. Using information from industry sources,
CBO estimates that owners and trainers would incur costs in the
form of foregone revenue of about $20 million per year.
CBO has no data about the physical characteristics of
exhibition settings or the ability of licensed exhibitors who
wish to continue public exposure to the big cats to meet the
new set-back and barrier requirements. Thus, CBO cannot
estimate the cost to comply with this exemption. In order to be
exempted from the bill's prohibitions, H.R. 1380 would prohibit
wildlife sanctuaries from transporting and displaying their big
cats off site. CBO has no data on the number of sanctuaries
that transport and display big cats or the revenue associated
with that activity, and thus, cannot estimate the cost of this
prohibition.
The bill would require all other entities that possess big
cats born before enactment of the bill to register the animals
with the USFWS to be exempted from the bill's prohibitions. CBO
cannot estimate the cost of this mandate because regulations
implementing the bill, including the cost to register the
animals, have not been developed and the number of animals that
would need to be registered is unknown.
Finally, to be eligible for the exemption, those owners
also would be prohibited from breeding or selling their cats.
Approximately 200 cubs are traded or sold each year at value of
roughly $8,000 per animal, according to industry sources; many
of those cubs are born in facilities that would be unable to
continue breeding big cats. CBO estimates the cost of the
breeding prohibition would be less than $1.6 million per year.
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.
Changes in Existing 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 italics, and existing law in which no
change is proposed is shown in roman):
LACEY ACT AMENDMENTS OF 1981
* * * * * * *
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.
[(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.
[(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.
[(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.
[(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.
[(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.
[(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
(C) pursuant to any State law that provides
for the conservation of species that are
indigenous to the State and are threatened with
extinction.
[(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.
[(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.
[(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.
[(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.
[(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.
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--
(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];
[(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 [(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;
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.
[(e) Nonapplicability of Prohibited Wildlife Species
Offense.--
[(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.
[(2) 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),
including offspring, parts, and
byproducts of such animals;
[(iii) does not propagate animals
listed in section 2(g); and
[(iv) does not allow direct contact
between the public and animals; or
[(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.
[(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).
[(4) State authority.--Nothing in this subsection
preempts or supersedes the authority of a State to
regulate wildlife species within that State.
[(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.--It is unlawful for any person to
import, export, transport, sell, receive, acquire, or
purchase in interstate or foreign commerce, or in a
manner substantially affecting interstate or foreign
commerce, or to 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;
(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;
(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
(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.
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, transported, 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 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
(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 subsection (e)
of section 3 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
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.
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 inconsistent 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 [section
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
* * * * * * *
Subtitle D--Administrative Provisions
* * * * * * *
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 [section 2(a)] section 2(b) of the Lacey Act
Amendments of 1981 (16 U.S.C. 3371(a)).
(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 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.
* * * * * * *
DISSENTING VIEWS
H.R. 1380 would amend the Captive Wildlife Safety Act
(CWSA) by placing new restrictions on importing, exporting,
transporting, selling, receiving, acquiring, breeding,
possessing, and exhibiting big cats.\1\ The CWSA is consistent
with the primary directive of the Lacey Act (which it amended),
which combats illegal trafficking in wildlife; however the bill
would expand the Lacey Act to include elements of the Animal
Welfare Act (AW A), which is administered by the Department of
Agriculture (USDA).\2\
---------------------------------------------------------------------------
\1\Big cats include lions, tigers, lion (Panthera leo), tiger
(Panthera tigris), leopard (Panthera pardus), snow leopard (Uncia
uncia), jaguar (Panthera onca), cougar (Puma concolor), or any hybrid
thereof.
\2\United States Department of Agriculture: Animal Welfare Act and
Animal Welfare Regulations handbook, January 2017.
---------------------------------------------------------------------------
This legislation has garnered opposition from the
Zoological Association of America (ZAA), specifically stating
that the legislation, ``represents an unwarranted federal
intrusion into the rights of responsible wildlife exhibitors
and will have significant negative impact on federally licensed
zoological facilities as well as many small and family owned
businesses.''\3\ Furthermore, the ZAA suggests that, if this
legislation were to be signed into law, it would create
competing, contradictory statutory authority between USDA and
the Department of the Interior.\4\
---------------------------------------------------------------------------
\3\John Seyjagat, Executive Director of the Zoological Association
of America, letter to Chairman Grijalva and Ranking Member Bishop,
March 4, 2019.
\4\John Seyjagat, Executive Director of the Zoological Association
of America, letter to Chairman Grijalva and Ranking Member Bishop,
March 4, 2019.
---------------------------------------------------------------------------
H.R. 1380 will hinder conservation and education efforts by
destroying structured big cat breeding programs, currently
legal, and supported by accredited facilities engaging in
activities to promote genetic diversity among captive
populations of cats within America. Furthermore, this
legislation would create and place harmful bureaucratic layers
of regulation on law-abiding USDA Class C license holder
facilities by predating access to animals for exhibition and
breeding purposes on compliance with radical animal rights
ideology. The Animal and Plant Health Inspection Service
(APHIS) within the Department of Agriculture is the primary
enforcement and inspection agency for wildlife and animal
welfare. H.R. 1380 would create an unfunded mandate for the
U.S. Fish and Wildlife Service by requiring redundant
inspection of wildlife facilities to ensure compliance with the
proposed text. Requiring U.S. Fish and Wildlife to conduct
duplicative and wasteful inspections that are already conducted
through the work of APHIS and current regulation would have
detrimental budget impacts for the Department of Interior.
During consideration of this bill, Ranking Republican Rob
Bishop offered an amendment to address this issue. It was voted
down by almost all the Democrats on the Committee.
For these many reasons, we oppose this bill.
Rob Bishop.
Doug Lamborn.
Paul A. Gosar
Bruce Westerman.
Jody B. Hice.
Russ Fulcher.
[all]
