| 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] ...
One Hundred Eighth Congress
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
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
(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
(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
``(ii) does not commercially trade in animals listed in
section 2(g), including offspring, parts, and byproducts of
``(iii) does not propagate animals listed in section
``(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
``(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.
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