[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 269 Reported in Senate (RS)]






                                                       Calendar No. 320
108th CONGRESS
  1st Session
                                 S. 269

                          [Report No. 108-172]

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


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            January 30, 2003

Mr. Jeffords (for himself, Mr. Ensign, Mr. Wyden, Mr. Levin, Mr. Smith, 
   Mr. Lieberman, Mr. Breaux, Mr. Allard, Mr. Leahy, Mr. Kerry, Mrs. 
 Boxer, Mr. Lautenberg, Mr. Inhofe, Mr. DeWine, Ms. Landrieu, and Mr. 
    Durbin) introduced the following bill; which was read twice and 
       referred to the Committee on Environment and Public Works

                            October 23, 2003

                Reported by Mr. Inhofe, with amendments
  [Omit the part struck through and insert the part printed in italic]

_______________________________________________________________________

                                 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:
        <DELETED>    ``(k) Prohibited wildlife species.--The term 
        `prohibited wildlife species' means any live lion, tiger, 
        leopard, cheetah, jaguar, or cougar.''.</DELETED>
            ``(g) Prohibited wildlife species.--The term `prohibited 
        wildlife species' means--
                    ``(A) any live species of lion, tiger, leopard, 
                cheetah, jaguar, or cougar; and
                    ``(B) any live hybrid of any of those 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 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 <DELETED>zoo, circus,</DELETED> exhibitor 
                or research facility licensed or registered and 
                inspected by a Federal agency<DELETED>, or 
                aquarium</DELETED>;
                <DELETED>    ``(B) any person accredited by the 
                Association of Sanctuaries or the American Sanctuary 
                Association;</DELETED>
                    ``(B) any sanctuary, humane society, animal 
                shelter, or society for the prevention of cruelty to 
                animals that--
                            ``(i)(I) is an organization described in 
                        section 501(c)(3) of the Internal Revenue Code 
                        of 1986 that is exempt from taxation under 
                        section 501(a) of that Code; and
                            ``(II) is an organization described in 
                        section 170(b)(1)(A)(vi) of that Code;
                            ``(ii) does not engage in commercial trade 
                        of animals listed in section 2(k) (including 
                        any sale of animals, animal parts, byproducts, 
                        or offspring, exhibition of animals for 
                        photograph opportunities, or conduct of public 
                        events with live animals for financial profit 
                        or any other entertainment purpose);
                            ``(iii) does not propagate animals in a 
                        facility of the sanctuary, humane society, 
                        animal shelter, or society for the prevention 
                        of cruelty to animals;
                            ``(iv) does not--
                                    ``(I) allow unescorted public 
                                visitation or direct contact between 
                                the public and wild animals; or
                                    ``(II) take animals from a 
                                sanctuary or enclosure for exhibition; 
                                and
                            ``(v) maintains exceptional standards of 
                        animal care;
                    ``(C) any State college, university, or agency, 
                State-licensed wildlife rehabilitator, or State-
                licensed veterinarian;
                <DELETED>    ``(D) any incorporated humane society, 
                animal shelter, or society for the prevention of 
                cruelty to animals;</DELETED>
                <DELETED>    ``(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</DELETED>
                    ``(D) any federally-licensed and inspected broker 
                or dealer in a case in which the broker or dealer is 
                conducting any brokering or dealing activity with a 
                person referred to in this paragraph; or
                    ``<DELETED>(F)</DELETED> (E) any person having 
                custody of a wild animal solely for the purpose of 
                expeditiously 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 cooperation 
        with the Director of the Animal and Plant Health Inspection 
        Service and 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)).




                                                       Calendar No. 320

108th CONGRESS

  1st Session

                                 S. 269

                          [Report No. 108-172]

_______________________________________________________________________

                                 A BILL

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

_______________________________________________________________________

                            October 23, 2003

                        Reported with amendments