[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5226 Introduced in House (IH)]







107th CONGRESS
  2d Session
                                H. R. 5226

 To amend the Lacey Act Amendments of 1981 to further the conservation 
                      of certain wildlife species.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 25, 2002

 Mr. George Miller of California introduced the following bill; which 
               was referred to the Committee on Resources

_______________________________________________________________________

                                 A BILL


 
 To amend the Lacey Act Amendments of 1981 to further the conservation 
                      of certain wildlife species.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Captive Wildlife Safety Act''.

SEC. 2. PROHIBITION ON IMPORT, ETC. OF CERTAIN WILDLIFE.

    (a) In General.--The Lacey Act Amendments of 1981 is amended--
            (1) in section 2 (16 U.S.C. 3371) by adding at the end the 
        following:
            ``(k) The term `prohibited wildlife species' means any live 
        lion, tiger, leopard, cheetah, jaguar, cougar, or bear.'';
            (2) in section 3(a)(2) (16 U.S.C. 3372(a)(2))--
                    (A) in subparagraph (A) by striking ``or'' the 
                fifth time it appears;
                    (B) in subparagraph (B) by striking the semicolon 
                and inserting ``, or''; and
                    (C) by adding at the end the following:
                    ``(C) any prohibited wildlife species (subject to 
                subsection (e));''; and
            (3) by adding at the end the following:
    ``(e)(1) Subsection (a)(2)(C) does not apply to--
            ``(A) any zoo, circus, research facility licensed or 
        registered and inspected by the Federal Government, or 
        aquarium;
            ``(B) any person accredited by the Association of 
        Sanctuaries or the American Sanctuary Association;
            ``(C) any State university or agency, State-licensed 
        wildlife rehabilitator, or State-licensed veterinarian;
            ``(D) any incorporated humane society, animal shelter, or 
        society for the prevention of cruelty to animals;
            ``(E) any federally-licensed and inspected breeder or 
        dealer who is conducting any breeding or dealing activity with 
        a person referred to in this paragraph; and
            ``(F) any person having custody of a wild animal solely for 
        the purpose of transporting it to a person referred to in this 
        paragraph.
    ``(2) The Secretary, in consultation with the heads of other 
relevant Federal agencies shall, within 6 months after the date of 
enactment of this subsection, issue regulations describing the persons 
referred to in paragraph (1).
    ``(3) Nothing in this subsection shall be considered or construed 
to preempt or supercede the authority of a State to regulate wildlife 
species within that State.''.
    (b) Application.--Section 3(a)(2)(C) of the Lacey Act Amendments of 
1981, as amended by this section, shall apply after the effective date 
of regulations under section 3(e)(2) of such Act.
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