[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 3038 Introduced in Senate (IS)]







107th CONGRESS
  2d Session
                                S. 3038

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


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            October 3, 2002

 Mr. Jeffords (for himself and Mr. Smith of New Hampshire) introduced 
the following bill; which was read twice and referred to the Committee 
                    on Environment and Public Works

_______________________________________________________________________

                                 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. DEFINITION OF PROHIBITED WILDLIFE SPECIES.

    Section 2 of the Lacey Act Amendments of 1981 (16 U.S.C. 3371) is 
amended--
            (1) by redesignating subsections (g) through (j) as 
        subsections (h) through (k), respectively; and
            (2) by inserting after subsection (f) the following:
            ``(k) Prohibited wildlife species.--The term `prohibited 
        wildlife species' means any live lion, tiger, leopard, cheetah, 
        jaguar, or cougar.''.

SEC. 3. PROHIBITED ACTS.

    (a) In General.--Section 3 of the Lacey Act Amendments of 1981 (16 
U.S.C. 3372) is amended--
            (1) in subsection (a)--
                    (A) in paragraph (2)--
                            (i) in subparagraph (A), by striking ``, 
                        or'' at the end and inserting a semicolon;
                            (ii) in subparagraph (B), by inserting 
                        ``or'' after the semicolon at the end; and
                            (iii) by adding at the end the following:
                    ``(C) any prohibited wildlife species (subject to 
                subsection (e));'';
                    (B) in paragraph (3)(B), by inserting ``or'' after 
                the semicolon at the end; and
                    (C) in paragraph (4), by striking ``paragraphs (1) 
                through (4)'' and inserting ``paragraphs (1) through 
                (3)''; and
            (2) by adding at the end the following:
    ``(e) Nonapplicability of Prohibited Wildlife Species Offense.--
            ``(1) In general.--Subsection (a)(2)(C) does not apply to--
                    ``(A) any zoo, circus, research facility licensed 
                or registered and inspected by a Federal agency, or 
                aquarium;
                    ``(B) any person accredited by the Association of 
                Sanctuaries or the American Sanctuary Association;
                    ``(C) any State college, 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 that is conducting any breeding or dealing 
                activity with a person referred to in this paragraph; 
                or
                    ``(F) any person having custody of a wild animal 
                solely for the purpose of transporting the animal to a 
                person referred to in this paragraph.
            ``(2) Regulations.--Not later than 180 days after the date 
        of enactment of this subsection, the Secretary, in consultation 
        with the heads of other relevant Federal agencies, shall 
        promulgate regulations describing the persons or entities to 
        which paragraph (1) applies.
            ``(3) State authority.--Nothing in this subsection preempts 
        or supersedes 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 added by subsection (a)(1)(A)(iii)) shall apply beginning on 
the effective date of regulations promulgated under section 3(e)(2) of 
that Act (as added by subsection (a)(2)).
                                 <all>