Regulations To Implement the Captive Wildlife Safety Act, 45938-45947 [E7-16085]

Agencies

• Fish and Wildlife Service
• DEPARTMENT OF THE INTERIOR

[Federal Register Volume 72, Number 158 (Thursday, August 16, 2007)]
[Rules and Regulations]
[Pages 45938-45947]
From the Federal Register Online via the Government Printing 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 accu