[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1006 Received in Senate (RDS)]
1st Session
H. R. 1006
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
November 20, 2003
Received
_______________________________________________________________________
AN ACT
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:
``(g) Prohibited Wildlife Species.--The term `prohibited wildlife
species' means any lion, tiger, leopard, cheetah, jaguar, or cougar
species, or any hybrid of such a species.''.
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 live animal of a 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
importation, exportation, transportation, sale, receipt,
acquisition, or purchase of an animal of a prohibited wildlife
species, by a person that, under regulations prescribed under
paragraph (3), is described in paragraph (2) with respect to
that species.
``(2) Persons described.--A person is described in this
paragraph, if the person--
``(A) is licensed and inspected by the Animal and
Plant Health Inspection Service with respect to that
species;
``(B) is a State college, university, or agency,
State-licensed wildlife rehabilitator, or State-
licensed veterinarian;
``(C) is an accredited wildlife sanctuary that
cares for prohibited wildlife species and--
``(i) is a corporation that is exempt from
taxation under section 501(a) of the Internal
Revenue Code 1986 and described in sections
501(c)(3) and 170(b)(1)(A)(vi) of such Code;
``(ii) does not commercially trade in
animals listed in section 2(g), including
offspring, parts, and byproducts of such
animals;
``(iii) does not propagate animals; and
``(iv) does not allow direct contact
between the public and animals; or
``(D) has custody of the animal solely for the
purpose of expeditiously transporting the animal to a
person described in this paragraph with respect to the
species.
``(3) Regulations.--Not later than 180 days after the date
of enactment of this subsection, the Secretary, in cooperation
with the Director of the Animal and Plant Health Inspection
Service, shall promulgate regulations describing the persons
described in paragraph (2).
``(4) 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)(3) of
that Act (as added by subsection (a)(2)).
Passed the House of Representatives November 19, 2003.
Attest:
JEFF TRANDAHL,
Clerk.