Sec. 3. Prohibitions
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/bill/115/hr/1818/ih/section-3A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Section 3 of the Lacey Act Amendments of 1981 ( 16 U.S.C. 3372 ) is amended— in subsection (a)— in paragraph (2)— in subparagraph (A), by striking the semicolon at the end and inserting ; or ; in subparagraph (B)(iii), by striking ; or and inserting a semicolon; and by striking subparagraph (C); and in paragraph (4), by striking
(1)through
(3)and inserting
(1)through
(3)or subsection
(e); and by amending subsection
(e)to read as follows: 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. Paragraph
(1)does not apply to— an entity exhibiting animals to the public under a Class C license from the Department of Agriculture and that holds such license in good standing, if the entity— has not been, and does not employ any person engaged in animal care who has been, convicted of or fined for an offense involving the abuse or neglect of any animal pursuant to any State, local, or Federal law; has not had, and does not employ any person who has had, a license or permit regarding the care, possession, exhibition, breeding, or sale of animals revoked or suspended by any State, local, or Federal agency, including the Department of Agriculture, within the preceding 3-year period; has not been cited by the Department of Agriculture under the Animal Welfare Act ( 7 U.S.C. 2131 et seq.) within the preceding 12-month period for any repeat violation for— inadequate veterinary care; handling that causes stress or trauma or a threat to public safety; insufficient provisions of food or water; or failure to allow facility inspection; does not allow any individual other than a trained professional employee or contractor of the licensee (or an accompanying employee receiving professional training) or a licensed veterinarian (or an accompanying veterinary student) to come into direct physical contact with a prohibited wildlife species; 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 that prevents public contact or risk of contact; does not breed any prohibited wildlife species unless the breeding is conducted pursuant to a species-specific, publicly available, peer-reviewed population management plan developed according to established conservation science principles; maintains liability insurance in an amount of not less than $250,000 for each occurrence of property damage, bodily injury, or death caused by any prohibited wildlife species possessed by the person; and has a written plan that is made available to local law enforcement, State agencies and Federal agencies on request, for the quick and safe recapture or destruction of prohibited wildlife species in the event a prohibited wildlife species escapes, including, but not limited to, written protocols for training staff on methods of safe recapture of the escaped prohibited wildlife species; a State college, university, or agency, or State-licensed veterinarian; a wildlife sanctuary that cares for prohibited wildlife species, and— 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; does not commercially trade in prohibited wildlife species, including offspring, parts, and byproducts of such animals; does not breed the prohibited wildlife species; does not allow direct contact between the public and prohibited wildlife species; and does not allow the transportation and display of prohibited wildlife species off-site; has custody of the 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 an entity or individual that is in possession of a prohibited wildlife species that was born before the date of the enactment of the Big Cat Public Safety Act, and— not later than 180 days after the date of the enactment of the Big Cat Public Safety Act, the entity or individual registers each individual animal of each prohibited wildlife species with the United States Fish and Wildlife Service; does not breed, acquire, or sell any prohibited wildlife species after the date of the enactment of such Act; and does not allow direct contact between the public and prohibited wildlife species. .
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