PUBLIC LAW 108–191—DEC. 19, 2003 117 STAT. 2871

Public Law 108–191

108th Congress

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 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 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.

Captive Wildlife

Safety Act.

16 USC 3371

note.

Dec. 19, 2003

[H.R. 1006]

117 STAT. 2872 PUBLIC LAW 108–191—DEC. 19, 2003

LEGISLATIVE HISTORY—H.R. 1006 (S. 269):

HOUSE REPORTS: No. 108–269 (Comm. on Resources).

SENATE REPORTS: No. 108–172 accompanying S. 269 (Comm. on Environment

and Public Works).

CONGRESSIONAL RECORD, Vol. 149 (2003):

Nov. 18, 19, considered and passed House.

Nov. 24, considered and passed Senate, amended.

Dec. 8, House concurred in Senate amendments.

Æ

‘‘(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, Statelicensed 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 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)).

Approved December 19, 2003.

16 USC 3372

note.

Deadline.