December 2022. With the passing of the Big Cat Public Safety Act, it is now federally illegal for anyone in the US to own a big cat as a pet. But what about before that? And what about small cats – bobcats, servals, etc. – or other wild animals? What federal laws protect them?
There have been several federal laws over the last century that have given protection to various wildlife, each building upon the last. It all began in 1900 with the Lacey Act.
Lacey Act
The Lacey Act today bans both the possession and trade of illegally-acquired plants and animals. It also prohibits false labelling, and requires the proper marking of containers shipping wildlife. It is fact-based, meaning that somebody can’t use documents as a loophole: only the actual legality counts.
The original Lacey Act of 1900 concerned itself with game, wild birds, and the introduction of non-native species into the environment. Subsequent amendments in 1969, 1981, 1988 and 2008 have added species (including plants) under the act’s protection; raised penalties based on severity of the crime; and included a separate violation for falsifying documents.
Animal Welfare Act (AWA)
The Animal Welfare Act, passed in 1966, gives protection to certain captive animals. It is not all-inclusive: it only protects mammals, and excludes ones that are farmed or used for lab research. It is also limited in both the protection given and enforcement. It has low standards for basic care, doesn’t prohibit tools such as bullhooks or whips, and only requires mental stimulation – “enrichment” – in primates. Not only that, but the USDA is the department conducting inspections, and inspectors aren’t often trained enough. Still, it was a step in the right direction at a time when there were very few protective laws in place for animals.
Endangered Species Act (ESA)
The Endangered Species Act of 1973 protects endangered and threatened species and their habitats. This includes many wild felines, both big and small. There are strict regulations on breeding, transport, care and public exhibition, and these need permits from the US Fish and Wildife Service. These protections extend to parts of the animals, not just the animals themselves. This makes things like tiger whiskers illegal to own.
Convention On International Trade In Endangered Species Of Fauna and Flora (CITES)
CITES is an international treaty that regulates the trade of protected wildlife between nations that are part of the treaty. Different species have different protections depending on conservation status – endangered plants or animals receive greater protection than ones that aren’t yet threatened. There are currently over 40,000 species protected under CITES: over 6,000 are animals, and over 30,00 are plants.
Most countries in the world have signed CITES, including the US. There are very few that have not, and only one has ever withdrawn from it (and later re-entered).
Captive Wildlife Safety Act (CWSA)
The Captive Wildlife Safety Act is an amendment to the Lacey Act that federally prohibits the buying, selling or transport of big cats across state lines or the US border. Also protected under the act are cougars, cheetahs ans clouded leopards. It was signed in 2003, although it didn’t go into effect until 2007.
This act doesn’t prevent the owning of big cats, but it has done a lot to decrease the ownership. Although it does have some exemptions – such as zoos, sanctuaries and wildlife rehabilitators – it does prohibit people from buying a big cat from one of these places.
The Big Cat Public Safety Act is the most recent federal law designed to protect big cats from the exotic pet trade, but it is not the first. And hopefully it won’t be the last: there are still plenty of wild animals, including small cats, that do not have adequate protection.
Sources
Cover Photo: https://digitalcollections.union.edu/s/home/item/6469
https://forestlegality.org/policy-law/us-lacey-act
https://www.animallaw.info/article/overview-lacey-act-16-usc-ss-3371-3378
https://www.fws.gov/law/lacey-act-amendments-1981
https://forestpolicy.org/policy-law/us-lacey-act
https://aldf.org/focus_area/captive-animals/
https://www.felineconservation.org/federal-regulation-of-wild-felines/
https://www.fisheries.noaa.gov/national/international-affairs/convention-international-trade-endangered-species-wild-fauna-and#:~:text=About%20Us-,Convention%20on%20International%20Trade%20in%20Endangered%20Species%20of%20Wild%20Fauna,their%20survival%20in%20the%20wild.
https://cites.org/eng/disc/species.php
https://cites.org/eng/disc/parties/index.php
https://www.fws.gov/sites/default/files/documents/OLE%20Wildlife%20Trade%20-%20Captive%20Wildlife%20Safety%20Act%20Factsheet.pdf
https://cites.org/sites/default/files/I/Brochure_UNEP_CITES_eng.pdf