Sec. 3. Prohibitions
617 words·~3 min read·
/bill/116/s/2561/is/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 striking subsection
(e)and inserting the following: It is unlawful for any person— to import, export, transport, sell, receive, acquire, or purchase any prohibited wildlife species— 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, or a Federal facility registered with the Department of Agriculture that exhibits animals, if that entity or facility— holds that license or registration in good standing; does not allow any individual to come into direct physical contact with a prohibited wildlife species, unless— that individual is— a trained professional employee or contractor of the entity or facility (or an accompanying employee receiving professional training); or a licensed veterinarian (or a veterinary student accompanying that veterinarian); or that individual is directly supporting conservation programs of the entity or facility; and the contact is— not in the course of commercial activity (which may be evidenced by advertisement or promotion of that activity or other relevant evidence); and 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 reflects established conservation science principles, incorporates genetic and demographic analysis of a multi-institution population of animals covered by the plan, and promotes animal welfare by ensuring that the frequency of breeding is appropriate for the species; and 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 of any of those animals, the animal is not less than 15 feet from members of the public unless there is a permanent barrier sufficient to prevent public contact; a State college, university, or agency; a State-licensed veterinarian; a wildlife sanctuary that— cares for prohibited wildlife species; 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 that Code; does not commercially trade in any prohibited wildlife species, including offspring, parts, and byproducts of prohibited wildlife species; does not breed any prohibited wildlife species; does not allow direct contact between the public and any prohibited wildlife species; and does not allow the transportation and display of any prohibited wildlife species off-site; an entity that 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 prohibited wildlife species; or an entity or individual that— is in possession of any prohibited wildlife species that was born before the date of enactment of the Big Cat Public Safety Act ; not later than 180 days after the date of enactment of that Act, registers each individual animal of each prohibited wildlife species possessed by the entity or individual with the United States Fish and Wildlife Service; does not breed, acquire, or sell any prohibited wildlife species after the date of enactment of that Act; and does not allow direct contact between the public and any prohibited wildlife species. .
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