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108th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 1st Session                                                    108-269
======================================================================
 
                      CAPTIVE WILDLIFE SAFETY ACT

                                _______
                                

 September 11, 2003.--Committed to the Committee of the Whole House on 
            the State of the Union and ordered to be printed

                                _______
                                

  Mr. Pombo, from the Committee on Resources, submitted the following

                              R E P O R T

                        [To accompany H.R. 1006]

      [Including cost estimate of the Congressional Budget Office]

  The Committee on Resources, to whom was referred the bill 
(H.R. 1006) to amend the Lacey Act Amendments of 1981 to 
further the conservation of certain wildlife species, having 
considered the same, report favorably thereon with an amendment 
and recommend 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 ``Captive Wildlife Safety Act''.

SEC. 2. DEFINITION OF PROHIBITED WILDLIFE SPECIES.

  Section 2 of the Lacey Act Amendments of 1981 (16 U.S.C. 3371) is 
amended--
          (1) by redesignating subsections (g) through (j) as 
        subsections (h) through (k), respectively; and
          (2) by inserting after subsection (f) the following:
  ``(g) Prohibited Wildlife Species.--The term `prohibited wildlife 
species' means any lion, tiger, leopard, cheetah, jaguar, or cougar 
species, or any hybrid of a lion species and tiger species.''.

SEC. 3. PROHIBITED ACTS.

  (a) In General.--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 ``, or'' 
                        at the end and inserting a semicolon;
                          (ii) in subparagraph (B), by inserting ``or'' 
                        after the semicolon at the end; and
                          (iii) by adding at the end the following:
                  ``(C) any live animal of a prohibited wildlife 
                species (subject to subsection (e));'';
                  (B) in paragraph (3)(B), by inserting ``or'' after 
                the semicolon at the end; and
                  (C) in paragraph (4), by striking ``paragraphs (1) 
                through (4)'' and inserting ``paragraphs (1) through 
                (3)''; and
          (2) by adding at the end the following:
  ``(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--
                  ``(A) the person has expertise, knowledge, and 
                experience with respect to the care of that species in 
                captivity; and
                  ``(B) the person--
                          ``(i) is licensed and inspected by the Animal 
                        and Plant Health Inspection Service with 
                        respect to that species;
                          ``(ii) is a State college, university, or 
                        agency, State-licensed wildlife rehabilitator, 
                        or State-licensed veterinarian;
                          ``(iii) is an accredited wildlife sanctuary 
                        that cares for prohibited wildlife species; or
                          ``(iv) has custody of the animal solely for 
                        the purpose of 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 consultation 
        with the heads of other relevant Federal agencies, 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.''.
  (b) Application.--Section 3(a)(2)(C) of the Lacey Act Amendments of 
1981 (as added by subsection (a)(1)(A)(iii)) shall apply beginning on 
the effective date of regulations promulgated under section 3(e)(3) of 
that Act (as added by subsection (a)(2)).

                          Purpose of the Bill

    The purpose of H.R. 1006 is to amend the Lacey Act 
Amendment of 1981 to further the conservation of certain 
wildlife species.

                  Background and Need for Legislation

    In 1900, Congress enacted legislation to support the 
efforts of states to protect their game animals and birds by 
prohibiting the interstate shipment of wildlife killed in 
violation of state or territorial law. This was the first 
federal law ever to address wildlife protection nationwide. 
Since that time, the Lacey Act has been amended several times 
with the most significant changes occurring with the Lacey Act 
Amendments of 1981. Today, the Lacey Act makes it unlawful to 
import, export, transport, sell, buy, or possess fish, wildlife 
or plants taken, possessed, transported, or sold in violation 
of any federal, state, foreign or Native American tribal law, 
treaty or regulation. The Lacey Act covers all fish and 
wildlife and their parts or products and plants covered by the 
Convention on International Trade in Endangered Species of Wild 
Fauna and Flora. This law makes trafficking in virtually any 
illegally acquired wildlife a federal crime. It is also illegal 
to mislabel wildlife shipments, bring injurious species into 
the country and import live wildlife under inhumane conditions. 
Those who knowingly violate the Lacey Act face maximum 
penalties of up to five years in prison and fines as high as 
$250,000 for individuals and $500,000 for organizations.
    There is no universal tracking system for big cats held in 
captivity. It is estimated that there are between 30,000 and 
40,000 exotic animals living in the United States. Of this 
total, some 12,000 are tigers, which is greater than the number 
of wild tigers living in their native habitat. While about 500 
of these captive tigers are maintained by zoological 
institutions, the rest are privately owned by individuals. 
Ownership of exotic animals is not limited to tigers; the list 
also includes other large cats. Ownership of these species is 
largely facilitated by hundreds of web sites that market exotic 
animals as pets with prices starting as low as $300.
    Home care of an exotic animal can be extremely difficult 
because few veterinarians are qualified or willing to treat 
privately-owned large cats. In addition, because many large 
cats are purchased as appealing cubs, they are often abandoned 
after they reach 300 pounds. At this size, cats can consume at 
least 20 pounds of meat a day and they become dangerous. The 
placement of these unwanted animals is difficult because most 
zoos are unwilling to take them due to space and genetic 
diversity concerns and few sanctuary facilities exist. The net 
result is that many of these animals are abandoned, euthanized, 
or harvested for their pelts and meat.
    Both the American Veterinary Medical Association and the 
U.S. Department of Agriculture have launched information 
campaigns detailing the inherent personal and public risks and 
animal welfare issues concerning exotic pet ownership.
    This legislation would amend the Lacey Act Amendments of 
1981 to incorporate under its ``prohibited wildlife species'' 
designation any live lions, tigers, leopards, cheetahs, jaguars 
and cougars. The proposal stipulates that this prohibition 
shall not apply to a list of entities including: licensed, 
registered or federally inspected zoos, circus, research 
facilities or aquariums; any person accredited by the American 
Sanctuary Association or Association of Sanctuaries; any state 
college, university or agency, state-licensed wildlife 
rehabilitator, or state-licensed veterinarian and individuals 
transporting a wildlife animal to an exempted entity.

                            Committee Action

    H.R. 1006 was introduced on February 27, 2003, by 
Congressman Howard ``Buck'' McKeon (R-CA). The legislation was 
referred to the Committee on Resources, and within the 
Committee to the Subcommittee on Fisheries Conservation, 
Wildlife and Oceans. On June 12, 2003, the Subcommittee on 
Fisheries Conservation, Wildlife and Oceans held a hearing on 
the measure. On July 15, 2003, the full Resources Committee met 
to consider the bill. The Subcommittee on Fisheries 
Conservation, Wildlife and Oceans was discharged from further 
consideration of the bill by unanimous consent. Congressman 
Wayne T. Gilchrest (R-MD) offered an amendment in the nature of 
a substitute that added hybrids of lions and tigers to the list 
of prohibited wildlife species and established criteria that a 
person must have expertise, knowledge, experience and is 
licensed and inspected by the Animal and Plant Health 
Inspection Service with respect to the care of large cats to 
obtain an exemption. The amendment was adopted by voice vote. 
The bill, as amended, was then ordered favorably reported to 
the House of Representatives by voice vote.

            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 Resources' oversight findings and recommendations 
are reflected in the body of this report.

                   Constitutional Authority Statement

    Article 1, section 8 of the Constitution of the United 
States grants Congress the authority to enact this bill.

                    Compliance With House Rule XIII

    1. Cost of Legislation. Clause 3(d)(2) of rule XIII of the 
Rules of the House of Representatives requires an estimate and 
a comparison by the Committee of the costs which would be 
incurred in carrying out this bill. However, clause 3(d)(3)(B) 
of that Rule provides that this requirement does not apply when 
the Committee has included in its report a timely submitted 
cost estimate of the bill prepared by the Director of the 
Congressional Budget Office under section 402 of the 
Congressional Budget Act of 1974.
    2. Congressional Budget Act. As required by clause 3(c)(2) 
of rule XIII of the Rules of the House of Representatives and 
section 308(a) of the Congressional Budget Act of 1974, this 
bill does not contain any new budget authority, credit 
authority, or an increase or decrease in tax expenditures. 
According to the Congressional Budget Office, enactment of this 
bill ``could increase direct spending and revenues, but we 
estimate that any such changes would be minimal and largely 
offsetting.''
    3. General Performance Goals and Objectives. This bill does 
not authorize funding and, therefore, clause 3(c)(4) of rule 
XIII of the Rules of the House of Representatives does not 
apply.
    4. Congressional Budget Office Cost Estimate. Under clause 
3(c) of Rule XIII of the Rules of the House of Representatives 
and section 403 of the Congressional Budget Act of 1974, the 
Committee has received the following cost estimate for this 
bill from the Director of the Congressional Budget Office:

                                     U.S. Congress,
                               Congressional Budget Office,
                                   Washington, DC, August 28, 2003.
Hon. Richard Pombo,
Chairman, Committee on Resources,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 1006, the Captive 
Wildlife Safety Act.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Megan 
Carroll.
            Sincerely,
                                       Douglas Holtz-Eakin,
                                                          Director.
    Enclosure.

H.R. 1006--Captive Wildlife Safety Act

    Summary: H.R. 1006 would amend current law to prohibit 
interstate and foreign trade of certain species of animals. CBO 
estimates that implementing the bill would cost about $4 
million annually, assuming appropriation of the necessary 
amounts. The bill could increase direct spending and revenues, 
but we estimate that any such changes would be minimal and 
largely offsetting.
    H.R. 1006 contains no intergovernmental mandates as defined 
in the Unfunded Mandates Reform Act (UMRA) and would impose no 
costs on state, local, or tribal governments.
    The bill would impose a private-sector mandate, but CBO 
estimates that the direct costs of the mandate would fall well 
below the annual threshold established in UMRA ($117 million in 
2003, adjusted annually for inflation) in any of the next five 
years.
    Estimated cost to the Federal Government: The estimated 
budgetary impact of H.R. 1006 is shown in the following table. 
The costs of this legislation fall within budget function 300 
(natural resources and environment).

----------------------------------------------------------------------------------------------------------------
                                                                       By fiscal year, in millions of dollars--
                                                                    --------------------------------------------
                                                                       2004     2005     2006     2007     2008
----------------------------------------------------------------------------------------------------------------
                                  CHANGES IN SPENDING SUBJECT TO APPROPRIATION

Estimated authorization level......................................        4        4        4        4        4
Estimated outlays..................................................        4        4        4        4        4
----------------------------------------------------------------------------------------------------------------

    Basis of estimate: H.R. 1006 would amend current law to 
make it illegal to import, export, transport, sell, receive, 
acquire, or purchase species of lion, tiger, leopard, cheetah, 
jaguar, cougar, and certain hybrids. Violators of the proposed 
prohibition on interstate and foreign trade of such animals 
would be subject to criminal and civil penalties. The bill 
specifies certain types of individuals and institutions that 
would be exempted from the proposed prohibition.
    Based on information from the U.S. Fish and Wildlife 
Service (USFWS), CBO estimates that implementing H.R. 1006 
would cost about $4 million annually, assuming appropriation of 
the necessary amounts. That amount includes $3.5 million for 
additional staff to conduct the kinds of inspections and 
investigations that the bill would require and up to $500,000 
for administrative costs to issue permits to individuals and 
institutions that would be exempted from the proposed 
prohibition.
    H.R. 1006 could increase revenues from civil and criminal 
fines. Based on information from the USFWS and the Animal and 
Plant Health Inspection Service about the relatively small 
number of cases likely to occur, however, CBO estimates that 
any such increase would be less than $500,000 annually. 
Moreover, such changes would be fully offset by increases in 
direct spending from the Crime Victims Fund (where criminal 
fines are deposited) or the resource management account of the 
USFWS (where civil fines are deposited and used for rewards to 
informers and for other program costs).
    Estimated impact on state, local, and tribal governments: 
H.R. 1006 contains no intergovernmental mandates as defined in 
UMRA and would impose no costs on state, local, or tribal 
governments.
    Estimated impact on the private sector: H.R. 1006 would 
require individuals who participate in interstate or foreign 
import, export, transport, sale, receipt, acquisition, or 
purchase of any live lion, tiger, leopard, cheetah, jaguar, or 
cougar, or any hybrid of a lion species and tiger species to 
have expertise, knowledge, and experience with respect to the 
care of that species and to be licensed and inspected by the 
Animal and Plant Health Inspection Service (APHIS), be an 
accredited wildlife sanctuary, or have custody of the animal 
solely for the purpose of transporting the animal to an 
exempted individual. Under current law, interstate and foreign 
trade of certain cats listed under the bill is prohibited. 
Information provided by APHIS and representatives of wildlife 
sanctuary associations indicates that there would be no 
significant activity in new licensing or accreditations as a 
result of the bill. In addition, CBO estimates that the costs 
to transporters to comply with the mandate would not be 
substantial. Thus, CBO estimates that the costs of the mandate 
to the private sector would fall well below the annual 
threshold established in UMRA ($117 million in 2003, adjusted 
annually for inflation).
    Estimate prepared by: Federal Costs: Megan Carroll. Impact 
on State, Local, and Tribal Governments: Marjorie Miller. 
Impact on the Private Sector: Cecil McPherson.
    Estimate approved by: Peter H. Fontaine, Deputy Assistant 
Director for Budget Analysis.

                    Compliance With Public Law 104-4

    This bill contains no unfunded mandates.

                Preemption of State, Local or Tribal Law

    This bill is not intended to preempt any State, local or 
tribal law.

         Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italic, existing law in which no change is 
proposed is shown in roman):

LACEY ACT AMENDMENTS OF 1981

           *       *       *       *       *       *       *



SEC. 2. DEFINITIONS.

  For purposes of this Act:
  (a)  * * *

           *       *       *       *       *       *       *

  (g) Prohibited Wildlife Species.--The term ``prohibited 
wildlife species'' means any lion, tiger, leopard, cheetah, 
jaguar, or cougar species, or any hybrid of a lion species and 
tiger species.
  [(g)] (h) 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 means the Secretary of 
Agriculture.
  [(h)] (i) 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.
  [(i)] (j) The term ``taken'' means captured, killed, or 
collected.
  [(j)] (k) 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) * * *

           *       *       *       *       *       *       *

          (2) to import, export, transport, sell, receive, 
        acquire, or purchase in interstate or foreign 
        commerce--
                  (A) any fish or wildlife taken, possessed, 
                transported, or sold in violation of any law or 
                regulation of any State or in violation of any 
                foreign law[, or];
                  (B) any plant taken, possessed, transported, 
                or sold in violation of any law or regulation 
                of any State; or
                  (C) any live animal of a 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) * * *
                  (B) to possess any plant taken, possessed, 
                transported, or sold in violation of any law or 
                regulation of any State; or 
          (4) to attempt to commit any act described in 
        [paragraphs (1) through (4)] paragraphs (1) through 
        (3). 

           *       *       *       *       *       *       *

  (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--
                  (A) the person has expertise, knowledge, and 
                experience with respect to the care of that 
                species in captivity; and
                  (B) the person--
                          (i) is licensed and inspected by the 
                        Animal and Plant Health Inspection 
                        Service with respect to that species;
                          (ii) is a State college, university, 
                        or agency, State-licensed wildlife 
                        rehabilitator, or State-licensed 
                        veterinarian;
                          (iii) is an accredited wildlife 
                        sanctuary that cares for prohibited 
                        wildlife species; or
                          (iv) has custody of the animal solely 
                        for the purpose of 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 
        consultation with the heads of other relevant Federal 
        agencies, 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.

           *       *       *       *       *       *       *