FWS Proposes to Prohibit Import & Export of Certain Large Cat Species, Etc.
The Fish and Wildlife Service (FWS) has issued a proposed rule that would add a new subpart K to 50 CFR Part 14 in order to make it illegal to import, export, buy, sell, transport, receive, or acquire, 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 (e.g., "ligers" and "tiglons") (prohibited wildlife species), unless certain exemptions apply.
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This proposed rule would serve to implement the Captive Wildlife Safety Act of 2003 (CWSA, Public Law 108-191), which amends the Lacey Act Amendments of 1981 (Lacey Act) to further the conservation of certain wildlife species and to protect the public from dangerous animals. The FWS explains that the Lacey Act did not explicitly address the problem of the increasing trade in large cat species.
FWS Proposed Rule Would Contain Certain Exemptions from Prohibition
The exemptions to these proposed restrictions would be for: (1) a licensed person or registered person (see proposed 50 CFR 14.252 for applicable definitions), (2) a State college, university, or agency; (3) a State-licensed wildlife rehabilitator; (4) a State-licensed veterinarian; (5) an accredited wildlife sanctuary (see proposed 50 CFR 14.252 for definition and 14.254 for requirements); or (6) a person who can produce documentation showing that he/she is transporting live prohibited wildlife species between persons who are exempted from the prohibitions in proposed 50 CFR 14.253 and has no financial interest in the prohibited wildlife species other than payment received for transporting them.
The FWS states that there would be no pre-Act exemptions to the prohibitions contained in the CWSA. FWS explains that even if the prohibited wildlife species were acquired before the proposed rule is finalized, an individual will not be allowed to engage in any of the prohibited activities after the regulations to carry out the CWSA are finalized, unless that individual qualifies for an exemption.
The FWS adds that it is also 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 means that any person who owns a live specimen of a prohibited wildlife species and who wants to transport the animal in interstate or foreign commerce as a pet, or even as part of a household move, would not be allowed to do so under the prohibitions contained in the CWSA.
- written comments are due by March 2, 2006.
FWS contact - Kevin Garlick (703) 358-1949
FWS Proposed Rule (FR Pub 01/31/06) available athttp://a257.g.akamaitech.net/7/257/2422/01jan20061800/edocket.access.gpo.gov/2006/pdf/E6-1191.pdf