Home > 108th Congressional Bills > H.R. 1006 (ih) To amend the Lacey Act Amendments of 1981 to further the conservation of certain wildlife species. [Introduced in House] ...

H.R. 1006 (ih) To amend the Lacey Act Amendments of 1981 to further the conservation of certain wildlife species. [Introduced in House] ...

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                       One Hundred Eighth Congress

                                 of the

                        United States of America

                          AT THE FIRST SESSION

          Begun and held at the City of Washington on Tuesday,
           the seventh day of January, two thousand and three

                                 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,


    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 
        ``(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 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)).

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.

Pages: 1

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