Big Cat Public Safety Act
Floor Speech
BREAK IN TRANSCRIPT
Mr. LANKFORD. Madam President, today I would like to enter into a colloquy with the senior Senator from Connecticut to discuss the Big Cat Public Safety Act. Section 3 of the bill amends title 16 of the U.S. Code, section 3372(e) by striking the entire subsection and inserting new prohibitions on private ownership of big cats, registration requirements for existing private owners, and new regulation parameters for facilities that display these animals to the public.
Striking all of subsection (e) to insert the bill's proposed language eliminates a standing protection of State authority to enact and enforce their own laws in this area. Section Sec. 3372(e)(4) currently states that ``nothing in this subsection preempts or supersedes the authority of a state to regulate wildlife species within that state.'' By striking this protection against Federal preemption, Federal authorities and regulators would have the ability to supplant any State action or policy unless there are other sections of U.S. Code that protect the rights of States.
Senator Blumenthal, do you understand this to be the case?
BREAK IN TRANSCRIPT
Mr. LANKFORD. In light of this protection of State authority being eliminated from statute by the Big Cat Public Safety Act, I would like to clarify that there are existing protections that apply to the entire chapter in which this bill amends. Title 16 of U.S. Code section 3378(a) states that ``nothing in this chapter shall be construed to prevent the several states or Indian tribes from making or enforcing laws or regulations not inconsistent with the provisions of this chapter.''
While this preemption provision is not nearly as clear as the one that will be removed by the Big Cat Public Safety, it is our intention and understanding that it will preserve the longstanding policy that the provisions being amended by this bill will not preempt or supersede the authority of a State to regulate wildlife species within that State.
Senator Blumenthal, do you agree that State authority should and will be protected on this issue as it has historically been?
Mr. BLUMENTHAL Yes, I do.
BREAK IN TRANSCRIPT
Mr. LANKFORD. Madame President, I thank Senator Blumenthal for helping clarify the intent and effects of the Big Cat Public Safety Act on this matter and would like to reiterate that we are not negating State authority with these changes within the bill. The Big Cat Public Safety Act will close the loopholes of private ownership that now exist and fill the gaps that exist within State laws where such prohibitions do not currently exist.
For States that have existing authorities addressing this area or any State that may enact and enforce such authorities in the future, Federal Agencies and authorities will not preempt or supersede them unless expressly authorized by that State.
Now, with this clarification and a commitment from the senior Senator from Connecticut to help include language in an upcoming authorization bill to affirm the clarifications made today, I will lift my hold on this bill
BREAK IN TRANSCRIPT
Source