[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 269 Engrossed in Senate (ES)]
108th CONGRESS
1st Session
S. 269
_______________________________________________________________________
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--
``(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 exhibitor or research facility licensed
or registered and inspected by a Federal agency;
``(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;
``(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
``(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)).
Passed the Senate October 31, 2003.
Attest:
Secretary.
108th CONGRESS
1st Session
S. 269
_______________________________________________________________________
AN ACT
To amend the Lacey Act Amendments of 1981 to further the conservation
of certain wildlife species.