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                                                 Union Calendar No. 154
  1st Session
                                H. R. 1006

                          [Report No. 108-269]

 To amend the Lacey Act Amendments of 1981 to further the conservation 
                      of certain wildlife species.



                           February 27, 2003

Mr. McKeon (for himself and Mr. George Miller of California) introduced 
  the following bill; which was referred to the Committee on Resources

                           September 11, 2003

 Additional sponsors: Mr. Kolbe, Mr. McGovern, Mr. Waxman, Ms. Eshoo, 
 Mr. Ramstad, Mr. Gilchrest, Mr. Leach, Mr. Ackerman, Mrs. McCarthy of 
New York, Ms. Schakowsky, Mr. Doyle, Mr. Filner, Mr. Israel, Mr. Price 
of North Carolina, Ms. Lofgren, Mr. Rothman, Mr. Udall of Colorado, Mr. 
Issa, Mr. Gallegly, Mrs. Capps, Mr. Isakson, Mr. Moran of Virginia, Mr. 
  Markey, Mr. Frank of Massachusetts, Mr. Simmons, Mr. McNulty, Mrs. 
  Johnson of Connecticut, Mr. Shays, Mrs. Napolitano, Mr. Kildee, Mr. 
Menendez, Mr. Berman, Mr. Blumenauer, Mrs. Lowey, Mr. Wu, Mr. Brown of 
Ohio, Mr. Calvert, Ms. Kilpatrick, Mr. McDermott, Mr. Acevedo-Vila, Mr. 
Allen, Ms. McCollum, Mr. Cramer, Mr. Schiff, Mr. Bartlett of Maryland, 
 Mrs. Bono, Mr. Peterson of Minnesota, Mr. Van Hollen, Mr. Bradley of 
  New Hampshire, Ms. Baldwin, Mr. Doggett, Mr. Kucinich, Ms. Linda T. 
    Sanchez of California, Mr. LoBiondo, Mr. Owens, Mr. Thompson of 
           California, Mr. Grijalva, Mr. Kind, and Mr. Rangel
Deleted sponsor: Mr. Alexander (added March 26, 2003; deleted April 1, 

                           September 11, 2003

  Reported with an amendment, committed to the Committee of the Whole 
       House on the State of the Union, and ordered to be printed
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]
    [For text of introduced bill, see copy of bill as introduced on 
                           February 27, 2003]


                                 A BILL

 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 lion, tiger, leopard, cheetah, jaguar, or cougar 
species, or any hybrid of a lion species and tiger 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 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--
                    ``(A) the person has expertise, knowledge, and 
                experience with respect to the care of that species in 
                captivity; and
                    ``(B) the person--
                            ``(i) is licensed and inspected by the 
                        Animal and Plant Health Inspection Service with 
                        respect to that species;
                            ``(ii) is a State college, university, or 
                        agency, State-licensed wildlife rehabilitator, 
                        or State-licensed veterinarian;
                            ``(iii) is an accredited wildlife sanctuary 
                        that cares for prohibited wildlife species; or
                            ``(iv) has custody of the animal solely for 
                        the purpose of 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 consultation 
        with the heads of other relevant Federal agencies, 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)).

                                                 Union Calendar No. 154


  1st Session

                               H. R. 1006

                          [Report No. 108-269]


                                 A BILL

 To amend the Lacey Act Amendments of 1981 to further the conservation 
                      of certain wildlife species.


                           September 11, 2003

  Reported with an amendment, committed to the Committee of the Whole 
       House on the State of the Union, and ordered to be printed

Pages: 1

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