    [United States Statutes at Large, Volume 117, 108th Congress, 1st Session]
    [From the U.S. Government Publishing Office, www.gpo.gov]

    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. <>

    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 live species of lion, tiger, leopard, cheetah,
    jaguar, or cougar or any hybrid of such 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
    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 2872]]
    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
    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 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
    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.
    ``(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 <> 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.

    LEGISLATIVE HISTORY--H.R. 1006 (S. 269):
    ---------------------------------------------------------------------------

    HOUSE REPORTS: No. 108-269 (Comm. on Resources).
    SENATE REPORTS: No. 108-172 accompanying S. 269 (Comm. on Environment
    and Public Works).
    CONGRESSIONAL RECORD, Vol. 149 (2003):
    Nov. 18, 19, considered and passed House.
    Nov. 24, considered and passed Senate, amended.
    Dec. 8, House concurred in Senate amendments.