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

Summary: Captive Wildlife Safety Act - Amends the Lacey Act Amendments of 1981 to define "prohibited wildlife species" as any live species of lion, tiger, leopard, cheetah, jaguar, or cougar and any live hybrid of any such species.

Declares it a prohibited act for any person to import, export, transport, sell, receive, acquire, or purchase in interstate or foreign commerce any prohibited wildlife species. Exempts from this prohibition: (1) exhibitors or research facilities licensed or registered and inspected by a Federal agency; (2) sanctuaries, humane societies, animal shelters, or societies for the prevention of cruelty to animals that are tax-exempt nonprofit corporations that do not engage in commercial trade in the species (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), propagate animals, allow unescorted public visitation or direct contact between the public and wild animals, or take animals from a sanctuary or enclosure for exhibition, and maintain exceptional standards of animal care; (3) State colleges, universities, or agencies, State-licensed wildlife rehabilitators, or State-licensed veterinarians; (4) federally-licensed and inspected brokers or dealers in cases in which they are conducting any brokering or dealing activity with persons referred to in this Act; and (5) persons that have custody of the animal solely for the purpose of expeditiously transporting it to a person referred to in this Act.

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.