S. Rept. 108-172 - CAPTIVE WILDLIFE SAFETY ACT OF 2003108th Congress (2003-2004)
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Calendar No. 320
108th Congress Report
SENATE
1st Session 108-172
======================================================================
CAPTIVE WILDLIFE SAFETY ACT OF 2003
_______
October 23, 2003.--Ordered to be printed
_______
Mr. Inhofe, from the Committee on Environment and Public Works,
submitted the following
R E P O R T
[To accompany S. 269]
[Including cost estimate of the Congressional Budget Office]
The Committee on Environment and Public Works, to which was
referred a bill (S. 269) to amend the Lacey Act Amendments of
1981 to further the conservation of certain wildlife species,
having considered the same, reports favorably thereon and
recommends that the bill, as amended, do pass.
General Statement and Background
In the early 1900's, Congress recognized the need to
support States in protecting their game animals and birds by
prohibiting the interstate shipment of wildlife killed in
violation of State or territorial laws. Today this legislation
is known as the Lacey Act, named for its principal sponsor,
U.S. Representative John Fletcher Lacey, R-Iowa. Most
significantly amended in 1981, 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 Act covers all fish and
wildlife and their parts or products and plants under the
Conventions on International Trade in Endangered Species of
Wild Fauna and Flora, which makes trafficking in illegally
acquired wildlife a Federal crime.
However the Lacey Act does not explicitly address the
problem of the increasing trade in large cat species.
The large cat species-lion, tiger, leopard, cheetah,
jaguar, and cougar-are extremely effective predators, capable
in the wild of taking down prey twice their own size. Severe
damage to the prey's nervous system through the vertebral
column, massive blood loss, and nearly instant suffocation all
contribute to the prey's certain, and nearly immediate, death.
They are hunters by nature and, regardless of whether they were
raised in captivity; it is impossible to predict when they will
revert to extinct.
Contemporary experts on large cat behavior and physiology
note that humans are not part of the large cats' natural diet,
largely because they have learned to treat humans as another
predator and to be wary of the dangers of human activity, i.e.,
hunting and habitat encroachment. When large cats and humans do
share territory or interact, usually because of human activity,
any number of reasons, including hunger, can cause large cats
to attack and inflict serious injuries. They are wild creatures
that are never completely tamed, nor are they totally
predictable; even if they have lived their entire lives with
humans.
The ownership of large cat species has dramatically
increased in popularity. It is estimated that thousands of
large cat species are kept as pets in the United States. This
increase is due, in part, to Internet sales and auctions. This
increase in popularity has raised concerns regarding the public
safety as well as the welfare of the big cats.
As the cats are often purchased when young, many owners are
ill equipped for the high maintenance of the mature cats. Too
often, the owners lack the resources and veterinary knowledge
these grown cats entail. In the hands of untrained exotic-pet
fanciers or roadside zoo owners, large cats are not only a
danger to people but are victims themselves. Additionally,
often the burden of care goes to already strained sanctuary and
humane societies after the cats are abandoned because they are
too dangerous or too expensive. Over the past 10 years, there
have been thousands of incidents of injury and death documented
involving many different wild animals. According to the Captive
Wild Animal Protection Coalition, in the past 5 years there
have been 123 incidents involving large cats-87 injuries or
death to adults and children and 38 animal escapes.
Nineteen States (Alabama, Alaska, California, Colorado,
Connecticut, Florida, Georgia, Hawaii, Illinois, Maryland,
Massachusetts, Michigan, Nebraska, New Hampshire, New Mexico,
Tennessee, Utah, Vermont, and Wyoming) prohibit the private
possession of large cats. Sixteen States (Arizona, Delaware,
Indiana, Maine, Mississippi, New Jersey, New York, North
Dakota, Oklahoma, Oregon, Pennsylvania, Rhode Island, South
Dakota, Texas, Virginia and Montana) have a partial ban on
possession of large cats or require permits. Fifteen States
(Arkansas, Idaho, Iowa, Kansas, Kentucky, Louisiana, Minnesota,
Missouri, Nevada, North Carolina, Ohio, South Carolina,
Washington, West Virginia and Wisconsin) do not address the
issue of private ownership of large cats, or allow it.
Objectives of the Legislation
The Captive Wildlife Safety Act prohibits the interstate
and foreign commerce of large cats. The Act amends the Lacey
Act to include under its ``prohibited wildlife species''
designation any live species of lion, tiger, leopard, cheetah,
jaguar, or cougar, or any hybrid thereof. The Lacey Act
prohibits any person to import, export, transport, sell,
receive acquire, or purchase in interstate or foreign commerce
any prohibited wildlife species. This legislation does not
apply to any licensed, registered, and federally inspected
exhibitor (zoos, circuses, etc.) or research facility. It also
exempts sanctuaries, humane societies, animal shelters, or
societies for the prevention of cruelty to animals that meet
specified criteria.
Section-by-Section Analysis
Section 1. Short Title
This Section cites the Act as the ``Captive Wildlife Safety
Act''.
Sec. 2. Definition of Prohibited Wildlife Species
SUMMARY
This Section defines prohibited wildlife species as any
live species of lion, tiger, leopard, cheetah, jaguar, or
cougar, or hybrid thereof.
DISCUSSION
For purposes of this section, ``prohibited wildlife
species'' is meant to be inclusive. The large cats prohibited
include eight species in five genera: lion (Panthera leo),
tiger (Panthera tigris), leopard (Panther pardus, and including
the snow leopard (Uncia uncia) and the clouded leopard
(Neofelis nebulosa)), cheetah (Acinonyx jubatus), jaguar
(Panthera onca), and cougar (Felis concolor). Hybrids resulting
from the breeding of any combination of any of the prohibited
wildlife species, as defined in this Section, are also
included.
Sec. 3. Prohibited Acts
SUMMARY
This Section amends Section 3 of the Lacey Act Amendments
of 1981 to include a list of individuals or organizations to be
exempt from the Captive Wildlife Safety Act. The
``Nonapplicability of Prohibited Wildlife Species Offense''
includes any exhibitor or research facility licensed or
registered and inspected by a Federal agency; sanctuaries,
humane societies, animal shelters, or societies for the
prevention of cruelty to animals that are a 501 (c)(3)
organization, which does not commercially trade in the large
cat species cited in this bill (including, but not limited to,
the sale of animals, animal parts, by-products, offspring,
photographic opportunities, or public events with live animals
for financial profit, or any other entertainment purpose), does
not propagate the animals, does not allow unescorted public
visitation or direct contact between the public and wild
animals, and where animals are not taken from the sanctuary or
enclosures for exhibition, and which maintain exceptional
standards of animal care; any State college, university, or
agency, State-licensed wildlife rehabilitator, or State-
licensed veterinarian; any federally licensed and inspected
broker or dealer when the broker or dealer is conducting any
brokering or dealing activity with a person referred to in this
paragraph; and any person having custody of a wild animal
solely for the purpose of expeditiously transporting the animal
to a person referred to in this paragraph.
This Section also requires that, not later than 180 days
after enactment, the Secretary of the Interior, in cooperation
with the Director of the Animal and Plant Health Inspection
Service, shall promulgate regulations describing the persons or
entities that have been exempted from the Act.
Nothing in this Section of the Act preempts or supersedes
the authority of a State to regulate wildlife species within
that State.
The Captive Safety Wildlife Act shall apply beginning on
the effective date of regulations promulgated under section 3
(e)(2) of the Lacey Act Amendments of 1981.
DISCUSSION
While this Act prohibits the interstate commerce of large
cat species, it recognizes those individuals and organizations
with the expertise to care for large cat species. They would
not be prohibited from importing, exporting, transporting,
selling, receiving, acquiring, or purchasing in interstate or
foreign commerce the large cat species included in this Act.
First, those exhibitors or research facilities that are
licensed or registered and inspected by Federal agencies (for
those purposes contained in the licenses or registration) would
be allowed to continue to possess large cat species.
Second, any sanctuary, humane society, animal shelter, or
society for the prevention of cruelty to animals that is
protecting, not propagating, large cat species, would be
allowed to continue to do so under this Act. While not all
sanctuaries, humane societies, animal shelters, or societies
for the prevention of cruelty to animals are equipped to handle
large cat species, many are able to care for the cats, in some
instances on an interim basis while a suitable, permanent home
is being sought for the cat.
Third, any State college, university, or agency, State-
licensed wildlife rehabilitator, or State-licensed veterinarian
would be allowed to continue owning large cat species in
compliance with State law.
Fourth, any federally licensed and inspected broker or
dealer who is conducting business with an individual or
organization that is exempt from this Act, as provided in
Section 3, could continue those activities without being in
violation of the Lacey Act.
Finally, any person having custody of a wild animal solely
for the purpose of expeditiously transporting the animal to a
person who is not prohibited from possessing an animal under
this Section is allowed to transport that animal. Often, when
an animal is seized and in need of a home, the organization or
individual receiving the animal is not the same entity as the
transporter. In that case, the transporter would not be in
violation of the prohibition imposed under Section 2 of this
Act, when transporting the animal.
Legislative History
S. 269, the ``Captive Safety Wildlife Act'' was introduced
on January 30, 2003, by Senator James M. Jeffords, I-Vt.
The Committee on Environment and Public Works met to
consider S. 269 on July 30, 2003. The committee voted the bill
out of committee, with an amendment, by voice vote.
Regulatory Impact Statement
In compliance of section 11(b) of rule XXVI of the Standing
Rules of the Senate, the committee finds that S. 269 does not
create any additional regulatory burdens, nor will it cause any
adverse impact on the personal privacy of individuals.
Mandates Assessment
In compliance with the Unfunded Mandates Reform Act of 1995
(Public Law 104B4), the committee finds that S. 269 would
impose no Federal intergovernmental unfunded mandates on State,
local, or tribal governments.
Cost of Legislation
Section 403 of the Congressional Budget and Impoundment
Control Act requires that a statement of the cost of the
reported bill, prepared by the Congressional Budget Office, be
included in the report. That statement follows:
U.S. Congress,
Congressional Budget Office,
Washington, DC, September 2, 2003.
Hon. James M. Inhofe,
Chairman, Committee on Environment and Public Works, U.S. Senate,
Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for S. 269, 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, who can be reached at 226-2860.
Sincerely,
Douglas Holtz-Eakin.
----------
S. 269, Captive Wildlife Safety Act, as ordered reported by the Senate
Committee on Environment and Public Works on July 30, 2003
Summary
S. 269 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.
S. 269 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 5
years.
estimated Cost to the Federal Government
The estimated budgetary impact of S. 269 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
S. 269 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 S. 269 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.
S. 269 could increase revenues from civil and criminal
fines. Based on information from the USFWS and the Animal and
Plant Health Inspection Service (APHIS) 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
S. 269 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
The bill would prohibit persons, with some exceptions, from
importing, exporting, transporting, selling, receiving,
acquiring, or purchasing in interstate or foreign commerce any
live species of lion, tiger, leopard, cheetah, jaguar, or
cougar or any hybrid of any of those species. At the same time,
S. 269 would exempt several groups from the prohibition
including: exhibitors or facilities that are licensed or
registered and inspected by a Federal agency, certain brokers
or dealers licensed and inspected by the Federal Government,
certain persons licensed by the State, and other groups such as
animal shelters, humane societies, and sanctuaries that qualify
under the bill's criteria.
Under current law, the Endangered Species Act already
prohibits the interstate sale and international trade of
tigers, leopards, cheetahs, and jaguars. In addition, the
international trade of lions and cougars is prohibited under
the Convention of International Trade in Endangered Species of
Wild Fauna and Flora. According to APHIS and representatives of
wildlife sanctuary associations, the bill would not cause
significant new activity in the demand for licenses or
accreditations. Further, CBO expects that the incremental costs
to the entities that would have to comply with the requirements
of the bill in order to deal with wild cats 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).
Previous CBO Estimate
On August 28, 2003, CBO transmitted a cost estimate for
H.R. 1006, the Captive Wildlife Safety Act, as ordered reported
by the House Committee on Resources on July 15, 2003. S. 269
and H.R. 1006 are substantively similar, and our cost estimates
are the same.
The private-sector mandates in the two bills are similar,
and CBO estimated that the total direct costs of those mandates
would fall well below the annual threshold for private-sector
mandates established in UMRA.
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.
Changes in Existing Law
In compliance with section 12 of rule XXVI of the Standing
Rules of the Senate, 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
[Public Law 97-79, Approved Nov. 16, 1981, 95 Stat. 1073]
AN ACT To provide for the control of illegally taken fish and wildlife.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled, [16 U.S.C.
3371 note] That this Act may be cited as the ``Lacey Act
Amendments of 1981''.
* * * * * * *
SEC. 2. DEFINITIONS.
For purposes of this Act:
(a) * * *
* * * * * * *
(g) Prohibited wildlife species.--The term
``prohibited wildlife species'' means--
(A) any live species of lion, tiger, leopard,
cheetah, jaguar, or cougar; and
(B) any live hybrid of any of those 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) 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 taken, possessed, transported,
or sold in violation of any law or regulation
of any State;
(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 taken, possessed,
transported, or sold in violation of any law or
regulation of any State; or
(C) any prohibited wildlife species (subject
to subsection (e));
(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--
(A) any exhibitor or research facility
licensed or registered and inspected by a
Federal agency;
(B) any sanctuary, humane society, animal
shelter, or society for the prevention of
cruelty to animals that--
(i)(I) is an organization described
in section 501(c)(3) of the Internal
Revenue Code of 1986 that is exempt
from taxation under section 501(a) of
that Code; and
(ii) is an organization described in
section 170(b)(1)(A)(vi) of that Code;
(ii) does not engage in commercial
trade of animals listed in section 2(k)
(including any sale of animals, animal
parts, byproducts, or offspring,
exhibition of animals for photograph
opportunities, or conduct of public
events with live animals for financial
profit or any other entertainment
purpose);
(iii) does not propagate animals in a
facility of the sanctuary, humane
society, animal shelter, or society for
the prevention of cruelty to animals;
(iv) does not--
(I) allow unescorted public
visitation or direct contact
between the public and wild
animals; or
(II) take animals from a
sanctuary or enclosure for
exhibition; and
(v) maintains exceptional standards
of animal care;
(C) any State college, university, or agency,
State-licensed wildlife rehabilitator, or
State-licensed veterinarian;
(D) any federally-licensed and inspected
broker or dealer in a case in which the broker
or dealer is conducting any brokering or
dealing activity with a person referred to in
this paragraph; or
(E) any person having custody of a wild
animal solely for the purpose of expeditiously
transporting the animal to a person referred to
in this paragraph.
(2) 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 and in consultation with the
heads of other relevant Federal agencies, shall
promulgate regulations describing the persons or
entities to which paragraph (1) applies.
(3) 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)(2) of that Act (as added by
subsection (a)(2)).
* * * * * * *