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

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


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108th CONGRESS
  1st Session
                                H. R. 1006


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           November 20, 2003

                                Received

_______________________________________________________________________

                                 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 lion, tiger, leopard, cheetah, jaguar, or cougar 
species, or any hybrid of such a 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 live animal of a 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.
            ``(2) Persons described.--A person is described in this 
        paragraph, if the person--
                    ``(A) is licensed and inspected by the Animal and 
                Plant Health Inspection Service 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; 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.''.
    (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)).

            Passed the House of Representatives November 19, 2003.

            Attest:

                                                 JEFF TRANDAHL,

                                                                 Clerk.

Pages: 1

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