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