[Federal Register Volume 72, Number 158 (Thursday, August 16, 2007)]
[Rules and Regulations]
[Pages 45938-45947]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-16085]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 14
RIN 1018-AT69
Regulations To Implement the Captive Wildlife Safety Act
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Final rule.
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SUMMARY: We, the U.S. Fish and Wildlife Service, are implementing the
Captive Wildlife Safety Act (CWSA) in a new subpart K of part 14,
Importation, Exportation, and Transportation of Wildlife, in Title 50
of the Code of Federal Regulations. The CWSA amends the Lacey Act by
making it illegal to import, export, transport, sell, receive, acquire,
or purchase, in interstate or foreign commerce, live lions, tigers,
leopards, snow leopards, clouded leopards, cheetahs, jaguars, or
cougars, or any hybrid combination of any of these species, unless
certain exceptions are met.
DATES: This final rule is effective September 17, 2007.
FOR FURTHER INFORMATION CONTACT: Kevin Garlick, Special Agent in
Charge, Branch of Investigations, U.S. Fish and Wildlife Service, (703)
358-1949.
SUPPLEMENTARY INFORMATION:
Background
The CWSA was signed into law on December 19, 2003 (Pub. L. 108-
191). The purpose of the CWSA is to amend the Lacey Act Amendments of
1981 to further the conservation of certain wildlife species and to
protect the public from dangerous animals.
In the early 1900s, 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. Most significantly amended in 1981, the Lacey Act makes it
unlawful to import, export, transport, sell, receive, acquire, or
purchase 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 applies to all fish
and wildlife (including their parts or products), and to wild plants
(including plant parts) that are indigenous to the United States and
are included in the appendices to the Convention on International Trade
in Endangered Species of Wild Fauna and Flora (CITES) or are listed
under a State conservation law.
According to the U.S. Senate report, the Lacey Act did not
explicitly address the problem of the increasing trade in certain big
cat species. The big cat species addressed in this rule are the lion,
tiger, leopard, snow leopard, clouded leopard, cheetah, jaguar, cougar,
and any hybrid combination of any of these species. They are extremely
effective predators, capable in the wild of taking down prey twice
their own size. Severe damage to the prey's nervous system caused by
damage to the vertebral column, along with massive blood loss and
nearly instant suffocation, all contribute to the prey's certain and
nearly immediate death. Regardless of whether they were raised in
captivity, big cats are hunters by nature: it is impossible to predict
when they will revert to instinct. Contemporary experts on big cat
behavior and physiology note that humans are not part of the big cats'
natural diet, largely because big cats have learned to treat humans as
another predator and to be wary of the dangers of human activity (for
example, hunting and habitat encroachment). When big cats and humans do
share territory or interact, usually because of human activity, any
number of reasons, including hunger, can cause big 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.
According to the U.S. Senate report, the ownership of big cats has
dramatically increased in popularity. It is estimated that thousands of
individual big cats 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 for public safety as well as for the
welfare of the big cats. As big cats are often purchased when young,
many owners are unable to cope with the high maintenance needs of
mature big cats. Too often, the owners lack the resources and
veterinary knowledge these grown cats require. In the hands of
untrained exotic-pet fanciers, big cats are not only a potential danger
to people, but are often victims themselves. Additionally, the burden
of care often lands on already financially strained sanctuaries or
humane societies after the big cats are abandoned because they are too
dangerous to keep or too expensive to care for properly.
According to the U.S. Senate report, over the past 10 years, there
have been thousands of incidents of human injury and death documented,
involving many different species of wild animals, many of which were
big cats. According to the Captive Wild Animal Protection Coalition, in
the past 5 years there have been 123 incidents involving big cats,
including 87 injuries or deaths 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 big cats. Sixteen States (Arizona, Delaware, Indiana, Maine,
[[Page 45939]]
Mississippi, Montana, New Jersey, New York, North Dakota, Oklahoma,
Oregon, Pennsylvania, Rhode Island, South Dakota, Texas, and Virginia)
have a partial ban on possession of big cats or require permits for
their possession. 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 big cats.
In consideration of the above information, Congress has recognized
the need to address the issue of ownership of big cats on a nationwide
basis. Therefore, with the passage of the CWSA, Congress amended the
Lacey Act to address this issue. The CWSA amends the Lacey Act by
adding prohibitions that make it illegal to import, export, transport,
sell, receive, acquire, or purchase, in interstate or foreign commerce,
live lions, tigers, leopards, snow leopards, clouded leopards,
cheetahs, jaguars, or cougars, or any hybrid combination of any of
these species, unless certain listed exceptions apply.
In this final rule, we are implementing the CWSA in a new subpart K
of part 14, Importation, Exportation, and Transportation of Wildlife,
in title 50 of the Code of Federal Regulations.
Previous Federal Action
On January 31, 2006, we published a proposed rule to establish the
new subpart K, including the definitions, for the CWSA (71 FR 5041).
The public comment period remained open until March 2, 2006.
Summary of Comments Received From the Proposed Rule
We received 1,485 comments, including 1,466 form letters, in
support of the proposed rule. We received 14 comments opposed to the
proposed rule.
Issues Raised in the Public Comments
Issue 1: Private Ownership of Big Cats
We received 11 comments addressing the ownership of big cats
including 7 stating that the regulations to implement the CWSA should
not ban private ownership, 1 stating that the regulations to implement
the CWSA should ban private ownership, 2 stating that private ownership
was not impacting public safety, and 1 stating that denying private
ownership will have an adverse effect on productivity and innovation.
Our Response: Regulations must be consistent with Congress' intent
for the statute. The CWSA prohibits the importation, exportation,
transportation, sale, receipt, acquisition, or purchase, in interstate
or foreign commerce, of the prohibited wildlife species. However, the
CWSA does not prohibit the ownership or possession of the prohibited
wildlife species. The CWSA does not address all safety issues with
privately owned big cats, although the statute does provide improved
safety for the public by limiting the exception for accredited wildlife
sanctuaries to those that prohibit direct contact with the prohibited
wildlife species. The CWSA should not have a major impact on
productivity or innovation, since it does not prohibit the acquisition
or possession of the prohibited wildlife species within a given State.
Issue 2: Transportation of Pets Across State Lines
We received 25 comments stating that the CWSA should not regulate
the transportation of personal property across State lines. Comments
specified that: (1) The CWSA should allow interstate household moves;
(2) Animals will be placed at risk when they are in need of veterinary
care for those owners that have providers across State lines; (3) The
feline community will be prevented from moving displaced big cats; (4)
Interstate transport is vital to propagation; and (5) Private owners
should be able to transport big cats across State lines for donation to
U.S. Department of Agriculture's Animal and Plant Health Inspection
Service (APHIS) facilities or accredited sanctuaries.
Our Response: Congress set the prohibitions under the CWSA, which
include the import, export, transport, sale, receipt, acquisition, or
purchase, in interstate or foreign commerce, of any of the prohibited
wildlife species. The prohibitions and exemptions contained in the CWSA
are clearly stated, and we cannot develop regulations that alter these
prohibitions or create exemptions for additional activities such as
household moves, without the authority from Congress. It is important
to note that the transport prohibition contained in the CWSA applies to
any transportation of the prohibited wildlife species in interstate or
foreign commerce, not only to transportation that involves commercial
activity. This prohibition is based upon the accepted legal definition
of interstate commerce, which includes the transportation of property
between any U.S. State, territory or jurisdiction. That means that any
person who owns a live specimen of a prohibited wildlife species and
who wants to transport the animal in interstate commerce as a pet, for
veterinary care or even as part of a household move, is not allowed to
do so under the prohibitions contained in the CWSA unless they qualify
under one of the exemptions. If need be, APHIS-licensed organizations,
accredited wildlife sanctuaries, or other entities exempted under the
CWSA could make arrangements for the transportation across State lines
of displaced big cats or for the transportation of big cats that are
being donated to exempted entities by private individuals. Though we
recognize that there may be reasons to transport the prohibited
wildlife species across State lines for the purposes of propagation,
the large number of big cats within the United States suggests that
there are likely to be opportunities for propagation within a given
State, which would not be prohibited under the CWSA.
Issue 3: Public Safety
We received eight comments regarding public safety and big cats,
including five comments stating that the CWSA is falsely based on the
need for public safety and three comments stating that the CWSA does
not provide increased public safety.
Our Response: Statistics show a considerable number of injuries or
deaths attributable to big cats. This number is likely to increase as
the ownership of big cats increases in popularity, with many of the
specimens ultimately being placed in sanctuaries that are accessible to
the general public. The CWSA does not address all safety issues with
privately owned big cats, although the statute does provide improved
safety for the public by limiting the exception for accredited wildlife
sanctuaries to those that prohibit direct contact with the prohibited
wildlife species.
Issue 4: Influence of the Animal-Rights Movement or Animal
Sanctuaries
We received 11 comments questioning the influence of the animal-
rights movement or animal sanctuary operators on the development of the
regulations to implement the CWSA, including the prominent role of the
Captive Wild Animal Protection Coalition. These comments stated that
these organizations might attempt to influence us in the development of
these regulations.
Our Response: Neither the animal-rights movement nor any animal
sanctuary operators improperly influenced us in the development of the
regulations to implement the CWSA. One particular organization, the
Captive Wild Animal Protection Coalition, did provide data for a U.S.
Senate Report that was drafted during the
[[Page 45940]]
development of the CWSA, and we referenced that data in the proposed
rule (71 FR 5041). We impartially considered all relevant information,
including information received from the public, during the development
of the final rule.
Issue 5: Validity of Statistics on Incidents of Human Injury
or Death Attributed to Big Cats
We received five comments questioning the validity of statistics on
incidents of human injury or death attributed to big cats.
Our Response: As we have clarified in the preamble of this final
rule, the statistics on incidents of human injury or death attributed
to big cats were included in a U.S. Senate Report that was drafted
during the development of the CWSA. These statistics thus served as
part of Congress' basis for enacting the CWSA and were referenced for
informational purposes in the proposed rule (71 FR 5041) and this final
rule, but were not used in the development of our regulations to
implement the CWSA.
Issue 6: Accuracy of Big Cat Ownership Statistics
We received two comments questioning the accuracy of big cat
ownership statistics in the preamble of the proposed rule.
Our Response: As we have clarified in the preamble of this final
rule, the discussion on ownership statistics in the preamble of the
proposed rule was included in a U.S. Senate Report that was drafted
during the development of the CWSA. The report was referenced for
informational purposes in the proposed rule and this final rule to
illustrate the Congressional intent behind the CWSA, but the statistics
were not used in the development of the regulations to implement the
CWSA.
Issue 7: Accuracy of the Nature of Big Cats
We received four comments questioning the nature of big cats and
the inability of owners to cope with big cats detailed in the preamble
of the proposed rule.
Our Response: As we have clarified in the preamble of this final
rule, the supporting information on the nature of big cats and the
inability of owners to cope with big cats in the preamble of the
proposed rule was included in a U.S. Senate Report that was drafted
during the development of the CWSA. This information served as part of
Congress' basis for enacting the CWSA and was referenced for
informational purposes in the proposed rule and this final rule, but
was not used in the development of the regulations to implement the
CWSA.
Issue 8: Protection of Wild Populations
We received eight comments that the CWSA does not promote the
conservation of wild populations of the prohibited wildlife species.
Our Response: The CWSA primarily addresses public safety. Most
captive big cats now in the United States were bred here, and the
demand for these animals continues to be met without any impact on wild
populations. In fact, even the endangered big cats moving in the
domestic exotic pet trade are considered of little value to the
ultimate survival of the species. We have no evidence to suggest that
the popularity of these prohibited wildlife species in the U.S. pet
trade has prompted removal of these animals from the wild, or that this
trend represents a threat in any way to the conservation of the big
cats.
Issue 9: Species Covered in the Proposed Rule
We received five comments suggesting that the list of prohibited
species includes species not authorized by Congress and suggesting
changes to the list of prohibited wildlife species. These suggested
changes include expanding the definition to include all wild and exotic
cat species or reducing the definition to include only the lion, tiger,
and jaguar, and not including the cougar as a prohibited species and
not making hybrids subject to the CWSA.
Our Response: We have reviewed the intent of Congress with regard
to the actual species to be included in the definition of ``prohibited
wildlife species'' under the CWSA, since scientific names were not
included in the CWSA. However, scientific names for ``prohibited
wildlife species,'' and any hybrids resulting from breeding of any
combination of any of the prohibited wildlife species, were included in
the report accompanying S. 269, the Senate version of the CWSA. Based
upon this report, we conclude that Congress intended to include the
lion (Panthera leo), tiger (Panthera tigris), leopard (Panthera
pardus), snow leopard (Uncia uncia), clouded leopard (Neofelis
nebulosa), jaguar (Panthera onca), cheetah (Acinonyx jubatus), and
cougar (Puma concolor), including all subspecies of each of these
species, or any hybrid combination of any of these species. Therefore,
we are making no changes to the list of prohibited species under the
CWSA.
Issue 10: Accreditation of Wildlife Sanctuaries
We received 20 comments suggesting changes to the accreditation of
wildlife sanctuaries in the proposed rule. Comments recommended that:
We clarify the breeding prohibitions in these sanctuaries;
We better explain how we will monitor these sanctuaries;
Sanctuaries should not be self-accredited, but rather
accredited by an outside accrediting organization;
One organization's resource might be of assistance in
helping us develop the criteria for accredited sanctuaries;
Proof of sterilization should remove the restriction of
having male and female specimens in the same cage;
Legitimate sanctuaries should not be denied the right to
possess the prohibited wildlife species;
Breeding should be allowed in wildlife sanctuaries;
The determination of whether an accredited wildlife
sanctuary can breed should be made by an accrediting organization;
The requirement to keep opposite sexes housed separately
may be costly or impractical;
Wildlife sanctuaries should not have to be tax-exempt;
Commercial trade should not be considered when evaluating
wildlife sanctuaries;
Recordkeeping requirements on wildlife sanctuaries will
create serious financial and resource burdens on those sanctuaries;
The $15,000 annual burden estimate for recordkeeping may
cripple a small sanctuary; and
We specify what happens if a sanctuary does not meet the
criteria to be accredited.
Our Response: The CWSA specifically states that an accredited
sanctuary must be tax-exempt, it must not commercially trade in the
prohibited wildlife species, and it must not breed the prohibited
wildlife species. Our definition of ``propagate'' clearly addresses
that restriction. Our monitoring of these sanctuaries is accomplished
through the requirement that accredited wildlife sanctuaries must
maintain complete and accurate records of any possession,
transportation, acquisition, disposition, importation, or exportation
of the prohibited wildlife species and that these records must be
accessible to Service officials for inspection upon request, at
reasonable hours. We considered options for developing some type of
formal accreditation mechanism for wildlife sanctuaries, but concluded
for a number of reasons that such a step
[[Page 45941]]
was not practical. The CWSA itself sets specific criteria that must be
met for a sanctuary to qualify as ``accredited.'' We have decided that
if a sanctuary meets these four criteria, it will qualify as accredited
and be exempt from CWSA prohibitions. Other sanctuaries that do not
meet these criteria will continue to be able to possess big cats but
will not be able to import, export or transport them in interstate or
foreign commerce. In the proposed rule (71 FR 5041), January 31, 2006,
we stated that placing male and female big cats in the same cage for
any period of time may result in breeding and is considered
propagation; however, we recognize that sterilization will prevent
propagation and that proof of that sterilization should assist a
sanctuary in qualifying as ``accredited.'' We will only consider a
wildlife sanctuary to be exempt from the prohibitions of the CWSA if it
meets the four criteria for accredited wildlife sanctuaries provided in
the CWSA.
We are requiring accredited wildlife sanctuaries to maintain
complete and accurate records of any possession, transportation, sale,
acquisition, purchase, barter, disposition, importation, or exportation
of the prohibited wildlife species. However, we do not anticipate that
this recordkeeping requirement will impose any significant burden,
because the maintenance of these records is typically a normal business
practice. Most wildlife sanctuaries will likely only have custody of a
limited number of specimens of the prohibited wildlife species.
Therefore, complying with the requirement to make records available can
likely be met by making available and copying, if needed, a small
number of documents pertaining to the possession, transportation,
acquisition, disposition, importation, or exportation of the prohibited
wildlife species, which we estimate can be completed in an hour or
less.
We estimate that there are no more than 750 wildlife sanctuaries
that could qualify for the ``accredited wildlife sanctuary'' exemption.
The total estimated annual burden for complying with this recordkeeping
requirement for all of these wildlife sanctuaries combined should be
750 hours or less. We estimate that the average wage of individuals
likely to be providing these documents is $20.00 per hour. Therefore,
the total estimated cost of this recordkeeping requirement for all of
these wildlife sanctuaries would be $15,000.00, if we requested that
all wildlife sanctuaries copy their records. The estimated annual cost
of this recordkeeping requirement for each wildlife sanctuary is
$20.00.
Issue 11: Other Exemptions Under the CWSA
We received 15 comments on certain other exemptions under the CWSA.
These comments included the following:
The definition of a ``licensed'' person is too broad;
Only wildlife sanctuaries should be allowed to possess the
prohibited species;
The exemption for State-licensed veterinarians or
registered persons is invalid;
The registered person exemption needs to be clarified;
The proposed criteria and recordkeeping requirements for
accredited wildlife sanctuaries should be extended to all of the
exempted entities;
All exempted entities should prohibit direct contact,
breeding, and selling;
Specific facility and caging requirements should be
established;
Legitimate organizations should not have to justify their
existence;
Nonlicensed entities should be allowed to transport live
big cats through the use of registered persons;
A hobbyist or fancier's exemption should be created in the
regulations to implement the CWSA;
A blanket exemption should be created for public charities
that are not regulated by any government agency other than the Internal
Revenue Service; and
Careless or incompetent owners should be prevented from
obtaining APHIS permits.
Our Response: The exemptions provided in the CWSA are clearly
stated, and we cannot develop regulations that are contrary to
Congress' intent for those exemptions, remove any of those exemptions,
or create additional exemptions. The CWSA and these regulations do not
address who can possess big cats. The CWSA does provide an exemption
for registered persons transporting these prohibited wildlife species.
Specific facility and caging requirements for APHIS-licensed
organizations are not addressed in the CWSA and are not included in our
regulations to implement the CWSA. Specific facility and caging
requirements are governed by the Animal Welfare Act (AWA), so any
person licensed or registered under the AWA will be subject to those
requirements. Also, States may have requirements for contact between
people and animals, breeding, selling, and care, and State-licensed
universities, wildlife rehabilitators, and veterinarians would be
subject to those requirements. The CWSA itself sets specific conditions
that must be met for an ``accredited sanctuary'' to be exempted. If a
sanctuary meets these four criteria, even without meeting specific
facility and caging requirements, we will recognize it as accredited
and exempt it from CWSA prohibitions. We will consider an organization
to be covered by an exemption only if it's qualified for one of the
exemptions provided in the CWSA. The CWSA does not require legitimate
organizations to justify their existence. If an organization does not
qualify, it does not necessarily mean that it is not legitimate. It
simply means that it cannot move big cats under the exemptions provided
in the CWSA. In order for a hobbyist, fancier, or a public charity to
be exempted from the prohibitions of the CWSA, it would have to qualify
for one of the existing exemptions provided in the CWSA. APHIS
standards are not addressed in the CWSA and are not included in the
regulations to implement the CWSA. Persons licensed or registered by
APHIS under the AWA must comply with AWA requirements and will be held
accountable under those standards by APHIS.
Issue 12: Licensing of Entities by APHIS
We received six comments suggesting that APHIS should not license
any of the entities exempted under the CWSA, or that APHIS should
license exempted wildlife sanctuaries, or that the standards APHIS uses
in licensing entities should be strengthened because they currently
don't ensure public safety or animal welfare.
Our Response: The role that APHIS plays in the implementation of
the CWSA is clearly defined in the CWSA itself, and includes the
licensing or registration of certain entities that meet APHIS
standards. APHIS standards are not addressed in the CWSA and are not
included in our regulations to implement the CWSA. Persons licensed or
registered by APHIS under the AWA must comply with AWA requirements and
will be held accountable under those standards by APHIS.
Issue 13: State or Local Regulation
We received seven comments addressing the State or local regulation
of these prohibited wildlife species and public safety. These
commenters asserted that: (1) This issue was most effectively addressed
at the State or local level; (2) If needed, these regulations should
clearly indicate that they take precedence over State law; (3)
[[Page 45942]]
Enforcement of the CWSA should be proactive and coordinated at all
levels of government; (4) The information on State prohibitions in the
preamble of the proposed rule was inaccurate; (5) The CWSA should not
support State restrictions; and (6) The compartmentalization of these
prohibited wildlife species within States will lead to additional State
restrictions.
Our Response: Regulating the prohibited wildlife species and public
safety at the State or local level is not the purpose of the CWSA. In
fact, Congress specifically provided that nothing in the CWSA preempts
or supercedes the authority of a State to regulate those species within
the State. Rather, the CWSA makes it illegal to import, export,
transport, sell, receive, acquire, or purchase, in interstate or
foreign commerce, any prohibited wildlife species. We will welcome the
coordination of the enforcement of the CWSA at all levels of government
when there are opportunities for State or local government involvement.
Information on the State prohibitions in the preamble of the proposed
rule was included in a U.S. Senate Report that was drafted during the
development of the CWSA. This information was included for
informational purposes in the proposed rule and this final rule, but
was not used in the development of our regulations to implement the
CWSA.
Issue 14: Direct Contact With the Prohibited Wildlife Species
We received three comments suggesting that the direct contact
prohibition for accredited wildlife sanctuaries should be extended to
keepers and caregivers and that these keepers and caregivers should be
properly trained professionals and that the direct contact prohibition
in the CWSA is already prohibited or heavily regulated by APHIS under
the AWA.
Our Response: It was Congress' intent that the direct contact
restriction in the CWSA apply only to accredited wildlife sanctuaries.
The extent to which direct contact is already regulated under the AWA
must be determined by APHIS. If an entity becomes licensed or
registered by APHIS, it would be entitled to the APHIS exemption
contained in the CWSA, regardless of whether it qualifies for the
accredited wildlife sanctuary exemption.
Issue 15: Captive-Bred Wildlife (CBW) Regulations
We received one comment stating that there needs to be
clarification of the method to obtain a CBW registration in order to
prevent a CBW registration from becoming a loophole to obtain the
prohibited wildlife species under the CWSA.
Our Response: Under our CBW regulations (50 CFR 17.21), individuals
may export; re-import; deliver, receive, carry, transport or ship in
interstate or foreign commerce in the course of a commercial activity;
or sell or offer for sale in interstate or foreign commerce certain
endangered wildlife species as long as specific requirements are met.
Prohibited wildlife species under the CWSA that are eligible for CBW
regulation are the tiger, leopard, snow leopard, clouded leopard,
jaguar, and cheetah. The new CWSA restrictions are in addition to the
CBW regulations. Any person who wishes to engage in the specified
activities authorized by the CWSA who is also regulated under the CBW
regulations must comply with both, unless they qualify under one of the
CWSA exemptions.
Issue 16: Freedom of Religion and the Human Environment
We received two comments stating that the CWSA violates the
Constitutional right to freedom of religion and will have a negative
impact on the human environment regarding, for example, the spiritual
bond between an owner and a big cat.
Our Response: Everyone has the right to freedom of thought,
conscience, and religion. The law is clear, however, that religious
beliefs do not allow people to engage in unlawful activities that could
potentially endanger public safety. This regulation is based on the
CWSA, the purpose of which is to amend the Lacey Act amendments of 1981
to further the conservation of certain wildlife species and to protect
the public from dangerous animals. The Government has a clear and
compelling interest in regulating activities that have been shown to be
harmful to public health or safety. These regulations and the CWSA are
neutral. Any person may seek to qualify for one of the exemptions under
the CWSA; they need only meet the requirements for the exemption. In
addition, nothing in the CWSA or these regulations prohibits possession
of these species or limits use or movement of these species within a
State. The CWSA limits only the ability to import, export, transport,
sell, receive, acquire, or purchase, in interstate or foreign commerce,
the prohibited wildlife species.
Issue 17: Native American Use of the Cougar
We received one comment stating that Native Americans should be
exempt from the prohibitions for cougars.
Our Response: Congress did not provide an exemption for Native
American use of cougars. Therefore, Native Americans must meet the same
regulatory requirements as other individuals who import, export,
transport, sell, receive, acquire, or purchase, in interstate or
foreign commerce, the prohibited wildlife species.
Issue 18: Providing Financial Assistance To Help Carry Out
the CWSA
We received two comments stating that financial assistance should
be provided to assist organizations that are developing new techniques
for the care and maintenance of the prohibited wildlife species and to
establish sanctuaries that will be needed for the placement of these
prohibited wildlife species resulting from CWSA prohibitions.
Our Response: This rulemaking establishes regulations that will
enable us to enforce the CWSA. Providing financial assistance from
funds allocated under the CWSA or funds from other sources is beyond
the scope of this rulemaking.
Issue 19: The CWSA Subverts the Original Intent of the Lacey
Act
We received one comment stating that the CWSA subverts the original
intent of the Lacey Act.
Our Response: Congress chose to regulate certain activities with
wildlife under the Lacey Act. Congress has now determined that it is
appropriate to regulate similar activities with the listed species, and
chose to adopt these measures through amendment of the Lacey Act.
Issue 20: The CWSA Is Raising a Novel Issue
We received one comment stating that the CWSA is raising a novel
issue, under Executive Order 12866, by making illegal an activity that
is currently legal.
Our Response: Laws often make formerly legal activities illegal.
These regulations, as required under the CWSA, implement that law.
Issue 21: Takings
We received one comment stating that the CWSA may result in
takings, under Executive Order 12630, when an individual is moving a
big cat across State lines.
Our Response: We have analyzed this regulation under Executive
Order 12630 and have determined that it does not result in takings.
This rule only prohibits importing, exporting,
[[Page 45943]]
transporting, selling, receiving, acquiring, or purchasing, in
interstate or foreign commerce, of the prohibited wildlife species.
This rule does not directly result in physical occupancy or acquisition
of property or physical invasion of property by the Government without
compensation.
Furthermore, this rule also does not result in a regulatory taking.
The CWSA serves a legitimate public interest by promoting public safety
and preventing interstate exploitation of the prohibited wildlife
species. The rule does not so severely restrict the owner's use of his
or her property as to deprive the owner of all economically beneficial
use of the property. The owner may still possess big cat species or buy
or sell them within the owner's State. Also, an owner who is relocating
to another State may move his or her big cat if exempted under 50 CFR
14.255.
Conclusion
In 2003, Congress enacted the CWSA to prohibit the import, export,
sale, receipt, acquisition or purchase, in interstate or foreign
commerce, of certain live wildlife species except by persons who meet
the criteria of specific, listed exemptions. The new prohibitions
become applicable on the effective date of final regulations that
implement the statutory provisions. Thus, with this final rule, it will
be unlawful for any person to engage in the prohibited activities
unless they qualify under one of the exemptions.
Required Determinations
Executive Order 12866 (Regulatory Planning and Review)
This rule has been reviewed by OMB under Executive Order 12866.
Under the criteria in Executive Order 12866, this rule is not a
significant regulatory action.
a. This rule will not have an annual economic effect of $100
million or adversely affect an economic sector, productivity, jobs, the
environment, or other units of government. A cost-benefit and economic
analysis is not required.
The purpose of this rule is to regulate the movement of the
prohibited wildlife species and to provide improved safety for the
public by limiting the exception for accredited wildlife sanctuaries to
those that prohibit direct contact with the prohibited wildlife
species. The ESA already regulates the interstate sale or movement of
tigers, leopards, snow leopards, clouded leopards, jaguars, and
cheetahs. The CWSA would, therefore, have no substantial additional
impact on commerce. Our records indicate that in the period from 2001
through 2003: 164 tigers were imported, and 123 were exported; 53
leopards were imported, and 39 were exported; 2 snow leopards were
imported, and 4 were exported; 9 jaguars were imported, and 5 were
exported; and 43 cheetahs were imported. These specimens were imported
or exported by organizations who qualified for authorizations under the
ESA and who would likely qualify for one of the exemptions contained in
the CWSA. Therefore, the CWSA would not have any substantial economic
effect by restricting importations or exportations of these species.
Under our CBW regulations (50 CFR 17.21), individuals may export;
re-import; deliver, receive, carry, transport or ship in interstate or
foreign commerce in the course of a commercial activity; or sell or
offer for sale in interstate or foreign commerce certain endangered
wildlife species as long as specific requirements are met. Prohibited
wildlife species under the CWSA that are eligible for CBW regulation
include tigers, leopards, snow leopards, clouded leopards, jaguars, and
cheetahs. There are approximately 350 approved CBW registrations, of
which approximately 100 authorize activities with the prohibited
wildlife species in the CWSA. However, it must be noted that most, if
not all, CBW registration holders are APHIS licensed and are therefore
exempted from the provisions of the CWSA. Therefore, the CWSA would not
have any substantial economic effect on this segment of the live animal
industry by restricting activities currently authorized under CBW
regulation.
CITES prohibits most trade in tigers, leopards, snow leopards,
clouded leopards, jaguars, and cheetahs. However, CITES regulates,
though does not necessarily prohibit, the international trade of
African lions and cougars. The CWSA could, therefore, have some impact
on limiting imports or exports of African lions and cougars. Our
records indicate that, in the period from 2001 through 2003, 22 African
lions were imported and 15 were exported, and 14 cougars were imported
and 19 were exported. Some of these importations or exportations may
have been for commercial purposes; however, most, if not all, of the
individuals who would be importing or exporting live African lions and
cougars would probably qualify for one of the exemptions contained in
the CWSA. Therefore, the CWSA would not have any substantial economic
effect by restricting importations or exportations of these species.
The CWSA will prohibit the import, export, transport, sale,
receipt, acquisition or purchase in interstate or foreign commerce, of
African lions and cougars by individuals or businesses that would not
qualify for one of the exemptions contained in the CWSA, even if those
by individuals or businesses would qualify under CITES. Because we
believe that there are very few people in this category, these
restrictions are not expected to have a substantial economic effect on
this segment of the live animal industry.
The CWSA will have its greatest potential impact on the import,
export, transport, sale, receipt, acquisition, or purchase, in
interstate or foreign commerce, of hybrids produced from the breeding
of any combination of any of the prohibited wildlife species, by
individuals who would not qualify for one of the exemptions contained
in the CWSA. Hybrids produced from the breeding of any combination of
tigers, leopards, snow leopards, clouded leopards, jaguars, or cheetahs
would be exempt from the provisions of the ESA but not from the
provisions of the CWSA. Generally speaking, the most common hybrids
resulting from the breeding of any combination of any of the prohibited
wildlife species would the liger (a male lion and a female tiger) or
the tiglon (a male tiger and a female lion). Numerous Web sites promote
the existence of these hybrids, suggesting that there may be some
demand for these animals for use as pets or for display purposes. We do
not maintain domestic trade data on these hybrids; therefore, it is
difficult to estimate the impact the CWSA will have on this segment of
the live animal industry.
In addition to amending the Lacey Act by adding prohibitions that
make it illegal to import, export, transport, sell, receive, acquire,
or purchase, in interstate or foreign commerce, the prohibited wildlife
species, the CWSA provides exemptions to these prohibitions for certain
persons. Becoming eligible for these exemptions should not have any
substantial economic effect on this segment of the live animal
industry.
The only direct costs to be assumed by individuals who seek an
exemption to the prohibitions of the CWSA would be the costs associated
with the application process and with meeting APHIS compliance
requirements to become licensed or registered under the AWA and the
costs associated with meeting compliance requirements in order to
become a State-licensed wildlife rehabilitator.
The costs for meeting APHIS compliance requirements under the
[[Page 45944]]
AWA are difficult to quantify because these costs are extremely
variable, depending on the nature of the business of the individual who
seeks to become licensed or registered. Application costs will vary,
depending on the nature of the business of the individual. Licenses
issued by APHIS under the AWA must be renewed every year with a
standard application fee of $10.00. Additional application costs are
based upon the nature of the business of the individual and the size of
that business. Additional application costs for animal exhibitors can
range from $30.00 to $300.00 per year, depending on the number of
animals on exhibit. Additional application costs for animal dealers can
range from $30.00 to $500.00 per year, depending on the anticipated
annual income of the business.
In addition to application fees, the costs for meeting APHIS
compliance requirements can vary, depending on the current facilities
maintained by the individual and to what degree those facilities meet
those requirements. Construction costs for new facilities may also need
to be increased in order to achieve compliance.
The costs for meeting compliance requirements in order to become a
State-licensed wildlife rehabilitator are difficult to quantify because
these costs are extremely variable, depending on the State where the
applicant resides and the current facilities maintained by the
individual and to what degree those facilities meet those requirements.
Each wildlife sanctuary that intends to qualify under the exemption
to the prohibitions of the CWSA is prohibited from commercially trading
in the prohibited wildlife species or the species' offspring, parts, or
byproducts, and from propagating any of the prohibited wildlife
species. Though this requirement may result in lost revenue for the
sanctuary, it is not expected to result in a substantial negative
economic effect for sanctuaries as a whole. In addition, if the owner
of a sanctuary chooses to commercially trade in the prohibited wildlife
species, he or she should become licensed or registered with APHIS
under the AWA, and would thus qualify for that exemption in the CWSA.
The CWSA provides an exemption for individuals transporting live
specimens of the prohibited wildlife species between individuals who
qualify for one of the other exemptions provided in the CWSA. This rule
requires that the transporting individuals produce evidence to prove
that they are transporting specimens between other exempted
individuals. However, these requirements would not increase costs for
the transporting individuals because APHIS already requires these
individuals to be registered by meeting similar requirements.
In addition to amending the Lacey Act by adding prohibitions that
make it illegal to import, export, transport, sell, receive, acquire,
or purchase, in interstate or foreign commerce, the prohibited wildlife
species, the CWSA provides improved safety for the public by limiting
the exception for accredited wildlife sanctuaries to those that
prohibit direct contact with the prohibited wildlife species.
Activities that might result in direct contact between the prohibited
wildlife species and any member of the public, such as photography,
play sessions, or offsite programs, would prevent an otherwise
accredited wildlife sanctuary from qualifying for the exemption. Though
this requirement may result in lost revenue for sanctuaries, it is not
expected to result in a substantial negative economic effect for
wildlife sanctuaries as a whole.
b. This rule will not create inconsistencies with other agencies'
actions.
We are the lead Federal agency regulating international wildlife
trade, the issuance of permits to conduct activities affecting
federally protected wildlife and their habitats, and carrying out the
United States' obligations under CITES. Therefore, this rule has no
effect on other agencies' responsibilities and will not create
inconsistencies with other agencies' actions.
In addition, 19 States prohibit the private possession of big cats,
and 16 States have a partial ban on possession of big cats or require
permits for their possession. Therefore, the CWSA does not create
inconsistencies with these States'restrictions, but rather supports
them.
c. This rule will not materially affect entitlements, grants, user
fees, loan programs, or the rights and obligations of their recipients.
This rule will not change the fee schedule for any permits issued
by us or any licenses or registrations issued by APHIS.
d. This rule will not raise novel legal or policy issues.
This rule will not raise novel legal or policy issues because it is
based upon Congress's passage of the CWSA, which reflects a heightened
concern for public safety resulting from the increased trade in the
prohibited wildlife species for use as pets and the increased risk of
danger to members of the public when given opportunities for direct
contact with the prohibited wildlife species.
Regulatory Flexibility Act (5 U.S.C. 601 et seq.)
The Department of the Interior has determined that this rule will
not have a significant economic effect on a substantial number of small
entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.).
An initial regulatory flexibility analysis is not required. In
addition, a Small Entity Compliance Guide is not required.
This rule regulates businesses that commercially trade in the
prohibited wildlife species in interstate or foreign commerce. The
purpose of this rule is to regulate the movement of these prohibited
wildlife species and to provide improved safety for the public by
limiting the exception for accredited wildlife sanctuaries to those
that prohibit direct contact with the prohibited wildlife species.
Most of the businesses that commercially trade in the prohibited
wildlife species in interstate or foreign commerce, would be considered
small businesses as defined under the Regulatory Flexibility Act. These
businesses are most logically placed in three primary industries: Zoos
and Botanical Gardens; Nature Parks and Other Similar Institutions; and
All Other Animal Production. The SBA size standard for the first two
industries is $6 million in average annual receipts, and the SBA size
standard for the third industry is $750,000 in average annual receipts.
However, it should be noted that the nature of these businesses would
require that most, if not all, of them must be licensed or registered
under the AWA by APHIS, making them eligible for one of the exemptions
provided in the CWSA. However, we recognize that there may be a small
number of small businesses that do not fit into any of the above
categories and are not eligible for one of the exemptions provided in
the CWSA.
Small Business Regulatory Enforcement Fairness Act (5 U.S.C. 804(2))
This rule is not a major rule under 5 U.S.C. 804(2), the Small
Business Regulatory Enforcement Fairness Act.
a. This rule does not have an annual effect on the economy of $100
million or more.
For the reasons described above, we have determined that this rule
will not have an annual effect on the economy of $100 million or more.
It is not anticipated that the restrictions imposed by the CWSA and the
costs to become eligible for the exemptions contained in the CWSA will
amount to an annual effect on the economy of $100 million or more.
[[Page 45945]]
b. This rule will not cause a major increase in costs or prices for
consumers, individual industries, Federal, State, or local government
agencies, or geographic regions.
The CWSA provides exemptions to its prohibitions for certain
persons. Becoming eligible for these exemptions will increase costs for
the live animal industry; however, as described above, we do not expect
these increased costs to be major. The only direct costs to be assumed
by individuals who seek an exemption to the prohibitions of the CWSA
would be the costs associated with the application process and meeting
compliance requirements in order to become licensed or registered under
the AWA with APHIS, and the costs associated with meeting compliance
requirements in order to become a State-licensed wildlife
rehabilitator.
c. Does not have significant adverse effects on competition,
employment, investment, productivity, innovation, or the ability of
U.S.-based enterprises to compete with foreign-based enterprises.
The CWSA will not have significant adverse effects on the ability
of U.S.-based enterprises to compete with foreign-based enterprises
because foreign-based enterprises that are subject to U.S. jurisdiction
must comply with the same regulatory requirements as U.S.-based
enterprises who buy or sell the prohibited wildlife species in
interstate or foreign commerce.
Unfunded Mandates Reform Act (2 U.S.C. 1501 et seq.)
Under the Unfunded Mandates Reform Act (2 U.S.C. 1501 et seq.),
this rule will have no effects.
a. This rule will not significantly or uniquely affect small
governments. A Small Government Agency Plan is not required.
We are the lead Federal agency regulating international wildlife
trade, the issuance of permits to conduct activities affecting
federally protected wildlife and their habitats, and carrying out the
United States' obligations under CITES. No small government assistance
or impact is expected as a result of this rule.
b. This rule will not produce a Federal requirement that may result
in the combined expenditure by State, local, or tribal governments of
$100 million or greater in any year, so it is not a ``significant
regulatory action'' under the Unfunded Mandates Reform Act.
This rule will not result in any combined expenditure by State,
local, or tribal governments.
Executive Order 12630 (Takings)
Under Executive Order 12630, this rule does not have significant
takings implications. Under Executive Order 12630, this rule does not
affect any constitutionally protected property rights. We have analyzed
this regulation under Executive Order 12630 and have determined that it
does not result in takings. This rule only prohibits importing,
exporting, transporting, selling, receiving, acquiring, or purchasing,
in interstate or foreign commerce, of the prohibited wildlife species.
This rule does not result in physical occupancy of property or physical
invasion of property by the Government.
Furthermore, this rule also does not result in a regulatory taking.
The CWSA serves a legitimate public interest by promoting public safety
and preventing interstate exploitation of the prohibited wildlife
species. The rule does not so severely restrict the owner's use of his
or her property as to deprive the owner of all economically beneficial
use of the property. The owner may still possess big cat species or buy
or sell them within the owner's State. Also, an owner who is relocating
to another State may move his or her big cat if exempted under 50 CFR
14.255.
Executive Order 13132 (Federalism)
Under Executive Order 13132, this rule does not have significant
Federalism effects. A Federalism assessment is not required. This rule
will not have a substantial direct effect on the States, on the
relationship between the Federal Government and the States, or on the
distribution of power and responsibilities among the various levels of
government. Addressing the prohibited wildlife species and public
safety at the State or local level is not the purpose of the CWSA. The
CWSA does not take precedence over State law. The CWSA makes it illegal
to import, export, transport, sell, receive, acquire, or purchase, in
interstate or foreign commerce, the prohibited wildlife species.
Executive Order 12988 (Civil Justice Reform)
Under Executive Order 12988, the Office of the Solicitor has
determined that this rule does not overly burden the judicial system
and that it meets the requirements of sections 3(a) and 3(b)(2) of the
Order. Specifically, this rule has been reviewed to eliminate errors
and ensure clarity, has been written to minimize lawsuits, provides a
clear legal standard for affected actions, and specifies in clear
language the effect on existing Federal law or regulation.
Paperwork Reduction Act
This rule contains new information collection requirements for
which OMB approval is required under the Paperwork Reduction Act of
1995, 44 U.S.C. 3501 et seq. We may not conduct or sponsor and you are
not required to respond to an information collection unless it displays
a currently valid OMB control number.
The information collection associated with this rule has been
approved under OMB control number 1018-0129, which expires on June 30,
2010.
We are requiring wildlife sanctuaries that seek to qualify as an
``accredited wildlife sanctuary'' under the CWSA to maintain complete
and accurate records of any possession, transportation, acquisition,
disposition, importation, or exportation of the prohibited wildlife
species. These records must be up to date, and include: (1) The names
and addresses of persons to or from whom any prohibited wildlife
species has been acquired, imported, exported, purchased, sold, or
otherwise transferred; and (2) the dates of these transactions.
Accredited wildlife sanctuaries must maintain these records for 5
years, must make these records accessible to Service officials for
inspection at reasonable hours, and must copy these records for Service
officials, if requested. This rule does not contain any requirement
that wildlife sanctuaries must submit an application to qualify as an
``accredited wildlife sanctuary.''
The requirement to make records available will be initiated on an
as-needed basis. We estimate that there are no more than 750 wildlife
sanctuaries that could qualify for the ``accredited wildlife
sanctuary'' exemption.
We do not anticipate that this recordkeeping requirement will
impose any significant burden, because the maintenance of these records
is typically a normal business practice. Most wildlife sanctuaries will
likely only have custody of a limited number of specimens of the
prohibited wildlife species. Therefore, complying with the requirement
to make records available can likely be met by making available and
copying, if needed, a small number of documents pertaining to the
possession, transportation, acquisition, disposition, importation, or
exportation of the prohibited wildlife species, which we estimate can
be completed in an hour or less. The total estimated annual burden for
complying with this recordkeeping requirement for all of these wildlife
sanctuaries combined
[[Page 45946]]
should be 750 hours or less. We estimate that the average wage of
individuals likely to be providing these documents is $20.00 per hour.
Therefore, the total estimated cost of this recordkeeping requirement
for all of these wildlife sanctuaries would be $15,000.00, if we
requested that all wildlife sanctuaries copy their records. The
estimated annual cost of this recordkeeping requirement for each
wildlife sanctuary is $20.00.
National Environmental Policy Act
This rule has been analyzed under the criteria of the National
Environmental Policy Act and 318 DM 2.2 (g) and 6.3 (D). This rule does
not amount to a major Federal action significantly affecting the
quality of the human environment. An environmental impact statement/
evaluation is not required. This rule is categorically excluded from
further National Environmental Policy Act requirements, under part 516
of the Departmental Manual, Chapter 2, Appendix 1.10. This rule is a
regulation that is of an administrative, legal, technical, or
procedural nature and its environmental effects are too broad,
speculative, or conjectural to lend themselves to meaningful analysis
under NEPA.
Executive Order 13175 (Tribal Consultation) and 512 DM 2 (Government-
to-Government Relationship With Tribes)
Under the President's memorandum of April 29, 1994, ``Government-
to-Government Relations with Native American Tribal Governments'' (59
FR 22951), Executive Order 13175, and 512 DM 2, we have evaluated
possible effects on federally recognized Indian tribes and have
determined that there are no adverse effects. Individual tribal members
must meet the same regulatory requirements as other individuals who
import, export, transport, sell, receive, acquire, or purchase, in
interstate or foreign commerce, the prohibited wildlife species.
Executive Order 13211 (Energy Supply, Distribution, or Use)
On May 18, 2001, the President issued Executive Order 13211 on
regulations that significantly affect energy supply, distribution, and
use. Executive Order 13211 requires agencies to prepare Statements of
Energy Effects when undertaking certain actions. The purpose of this
rule is to regulate the movement of the prohibited wildlife species and
to provide improved safety for the public by limiting the exception for
accredited wildlife sanctuaries to those that prohibit direct contact
with the prohibited wildlife species. This rule is not a significant
regulatory action under Executive Order 12866 and it is not expected to
significantly affect energy supplies, distribution, or use. Therefore,
this action is not a significant energy action and no Statement of
Energy Effects is required.
Author
The originator of this final rule is Mark Phillips, OLE, U.S. Fish
and Wildlife Service, Washington, DC.
List of Subjects in 50 CFR Part 14
Animal welfare, Exports, Fish, Imports, Labeling, Reporting and
recordkeeping requirements, Transportation, Wildlife.
Regulation Promulgation
0
For the reasons described above, we amend part 14, subchapter B of
Chapter I, title 50 of the Code of Federal Regulations as set forth
below.
PART 14--IMPORTATION, EXPORTATION, AND TRANSPORTATION OF WILDLIFE
0
1. The authority citation for part 14 continues to read as follows:
Authority: 16 U.S.C. 668, 704, 712, 1382, 1538(d)-(f), 1540(f),
3371-3378, 4223-4244, and 4901-4916; 18 U.S.C. 42; 31 U.S.C. 9701.
0
2. Revise Sec. 14.3 to read as follows:
Sec. 14.3 Information collection requirements.
The Office of Management and Budget (OMB) has approved the
information collection requirements contained in this part 14 under 44
U.S.C. 3507 and assigned OMB Control Numbers 1018-0012, 1018-0092, and
1018-0129. The Service may not conduct or sponsor and you are not
required to respond to a collection of information unless it displays a
currently valid OMB control number. You can direct comments regarding
these information collection requirements to the Service's Information
Collection Clearance Officer, U.S. Fish and Wildlife Service, MS 222-
ARLSQ, 4401 North Fairfax Drive, Arlington, VA 22203 (mail) or (703)
358-2269 (fax).
0
3. Add a new subpart K to read as follows:
Subpart K--Captive Wildlife Safety Act
Sec.
14.250 What is the purpose of these regulations?
14.251 What other regulations may apply?
14.252 What definitions do I need to know?
14.253 What are the restrictions contained in these regulations?
14.254 What are the requirements contained in these regulations?
14.255 Are there any exemptions to the restrictions contained in
these regulations?
Subpart K--Captive Wildlife Safety Act
Sec. 14.250 What is the purpose of these regulations?
The regulations in this subpart implement the Captive Wildlife
Safety Act (CWSA), 117 Stat. 2871, which amended the Lacey Act
Amendments of 1981, 16 U.S.C. 3371-3378, by adding paragraphs 2(g),
3(a)(2)(C), and 3(e) (16 U.S.C. 3371, 3372).
Sec. 14.251 What other regulations may apply?
The provisions of this subpart are in addition to, and are not in
place of, other regulations of this subchapter B that may require a
permit or describe additional restrictions or conditions for the
importation, exportation, transportation, sale, receipt, acquisition,
or purchase of wildlife in interstate or foreign commerce.
Sec. 14.252 What definitions do I need to know?
In addition to the definitions contained in part 10 of this
subchapter, and unless the context otherwise requires, in this subpart:
Accredited wildlife sanctuary means a facility that cares for live
specimens of one or more of the prohibited wildlife species and:
(1) Is approved by the United States Internal Revenue Service as a
corporation that is exempt from taxation under Sec. 501(a) of the
Internal Revenue Code of 1986, which is described in Sec. Sec.
501(c)(3) and 170(b)(1)(A)(vi) of that code;
(2) Does not commercially trade in prohibited wildlife species,
including offspring, parts, and products;
(3) Does not propagate any of the prohibited wildlife species; and
(4) Does not allow any direct contact between the public and the
prohibited wildlife species.
Direct contact means any situation in which any individual other
than an authorized keeper or caregiver may potentially touch or
otherwise come into physical contact with any live specimen of the
prohibited wildlife species.
Licensed person means any individual, facility, agency, or other
entity that holds a valid license from and is inspected by the U.S.
Department of Agriculture's Animal and Plant Health Inspection Service
(APHIS) under the Animal Welfare Act (AWA) (7 U.S.C. 2131 et seq.) (See
definition of ``licensee'' in 9 CFR 1.1.).
Prohibited wildlife species means a specimen of any of the
following eight
[[Page 45947]]
species: Lion (Panthera leo), tiger (Panthera tigris), leopard
(Panthera pardus), snow leopard (Uncia uncia), clouded leopard
(Neofelis nebulosa), jaguar (Panthera onca), cheetah (Acinonyx
jubatus), and cougar (Puma concolor) or any hybrids resulting from the
breeding of any combination of any of these species, for example, a
liger (a male lion and a female tiger) or a tiglon (a male tiger and a
female lion), whether naturally or artificially produced.
Propagate means to allow or facilitate the production of offspring
of any of the prohibited wildlife species, by any means.
Registered person means any individual, facility, agency, or other
entity that is registered with and inspected by APHIS under the AWA
(See definition of ``registrant'' in 9 CFR 1.1.).
Sec. 14.253 What are the restrictions contained in these regulations?
Except as provided in Sec. 14.255, it is unlawful for any person
to import, export, transport, sell, receive, acquire, or purchase, in
interstate or foreign commerce, any live prohibited wildlife species.
Sec. 14.254 What are the requirements contained in these regulations?
In order to qualify for the exemption in Sec. 14.255, an
accredited wildlife sanctuary must maintain complete and accurate
records of any possession, transportation, acquisition, disposition,
importation, or exportation of the prohibited wildlife species covered
by the CWSA. These records must be up to date, and must include the
names and addresses of persons to or from whom any prohibited wildlife
species has been acquired, imported, exported, purchased, sold, or
otherwise transferred; and the dates of these transactions. The
accredited wildlife sanctuary must maintain these records for 5 years,
must make these records available to Service officials for inspection
at reasonable hours, and must copy these records for Service officials,
if requested. In addition, by declaring itself to be accredited under
this subpart, a wildlife sanctuary agrees to allow access to its
facilities and its prohibited wildlife specimens by Service officials
at reasonable hours.
Sec. 14.255 Are there any exemptions to the restrictions contained in
these regulations?
The prohibitions of Sec. 14.253 do not apply to:
(a) A licensed person or registered person;
(b) A State college, university, or agency;
(c) A State-licensed wildlife rehabilitator;
(d) A State-licensed veterinarian;
(e) An accredited wildlife sanctuary; or
(f) A person who:
(1) Can produce documentation showing that he or she is
transporting live prohibited wildlife species between persons who are
exempt from the prohibitions in Sec. 14.253; and
(2) Has no financial interest in the prohibited wildlife species
other than payment received for transporting them.
Dated: April 26, 2007.
Todd Willens,
Acting Assistant Secretary for Fish and Wildlife and Parks.
Editorial Note: This document was received at the Office of the
Federal Register on August 10, 2007.
[FR Doc. E7-16085 Filed 8-15-07; 8:45 am]
BILLING CODE 4310-55-P