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