[108th Congress Public Law 191]
[From the U.S. Government Printing Office]

[DOCID: f:publ191.108]

[[Page 117 STAT. 2871]]

Public Law 108-191
108th Congress

                                 An Act

To amend the Lacey Act Amendments of 1981 to further the conservation of 
    certain wildlife species. <<NOTE: Dec. 19, 2003 -  [H.R. 1006]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, <<NOTE: Captive Wildlife 
Safety Act. 16 USC 3371 note.>> 


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


    Section 2 of the Lacey Act Amendments of 1981 (16 U.S.C. 3371) is 
            (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 live species of lion, tiger, leopard, cheetah, 
jaguar, or cougar or any hybrid of such species.''.


    (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 
        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.

[[Page 117 STAT. 2872]]

            ``(2) Persons described.--A person is described in this 
        paragraph, if the person--
                    ``(A) is licensed or registered, and inspected, by 
                the Animal and Plant Health Inspection Service or any 
                other Federal agency with respect to that species;
                    ``(B) is a State college, university, or agency, 
                State-licensed wildlife rehabilitator, or State-licensed 
                    ``(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 listed in 
                      section 2(g); 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 
            ``(3) Regulations.--Not <<NOTE: Deadline.>> 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.
            ``(5) Authorization of appropriations.--There is authorized 
        to be appropriated to carry out subsection (a)(2)(C) $3,000,000 
        for each of fiscal years 2004 through 2008.''.

    (b) Application.--Section <<NOTE: 16 USC 3372 note.>> 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)).

    Approved December 19, 2003.


HOUSE REPORTS: No. 108-269 (Comm. on Resources).
SENATE REPORTS: No. 108-172 accompanying S. 269 (Comm. on Environment 
and Public Works).
            Nov. 18, 19, considered and passed House.
            Nov. 24, considered and passed Senate, amended.
            Dec. 8, House concurred in Senate amendments.