II 

108TH CONGRESS 

1ST SESSION S. 269

To amend the Lacey Act Amendments of 1981 to further the conservation 

of certain wildlife species. 

IN THE SENATE OF THE UNITED STATES 

JANUARY 30, 2003

Mr. JEFFORDS (for himself, Mr. ENSIGN, Mr. WYDEN, Mr. LEVIN, and Mr. 

SMITH) introduced the following bill; which was read twice and referred 

to the Committee on Environment and Public Works 

A BILL

To amend the Lacey Act Amendments of 1981 to further 

the conservation of certain wildlife species.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Captive Wildlife Safety 

5 Act’’. 

6 SEC. 2. DEFINITION OF PROHIBITED WILDLIFE SPECIES. 

7 Section 2 of the Lacey Act Amendments of 1981 (16 

8 U.S.C. 3371) is amended—

9 (1) by redesignating subsections (g) through (j) 

10 as subsections (h) through (k), respectively; and 
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1 (2) by inserting after subsection (f) the fol2 lowing: 

3 ‘‘(k) PROHIBITED WILDLIFE SPECIES.—The 

4 term ‘prohibited wildlife species’ means any live lion, 

5 tiger, leopard, cheetah, jaguar, or cougar.’’. 

6 SEC. 3. PROHIBITED ACTS. 

7 (a) IN GENERAL.—Section 3 of the Lacey Act 

8 Amendments of 1981 (16 U.S.C. 3372) is amended—

9 (1) in subsection (a)—

10 (A) in paragraph (2)—

11 (i) in subparagraph (A), by striking ‘‘, 

12 or’’ at the end and inserting a semicolon; 

13 (ii) in subparagraph (B), by inserting 

14 ‘‘or’’ after the semicolon at the end; and 

15 (iii) by adding at the end the fol16 lowing: 

17 ‘‘(C) any prohibited wildlife species (sub18 ject to subsection (e));’’; 

19 (B) in paragraph (3)(B), by inserting ‘‘or’’ 

20 after the semicolon at the end; and 

21 (C) in paragraph (4), by striking ‘‘para22 graphs (1) through (4)’’ and inserting ‘‘para23 graphs (1) through (3)’’; and 

24 (2) by adding at the end the following: 
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1 ‘‘(e) NONAPPLICABILITY OF PROHIBITED WILDLIFE

2 SPECIES OFFENSE.—

3 ‘‘(1) IN GENERAL.—Subsection (a)(2)(C) does 

4 not apply to—

5 ‘‘(A) any zoo, circus, research facility li6 censed or registered and inspected by a Federal 

7 agency, or aquarium; 

8 ‘‘(B) any person accredited by the Associa9 tion of Sanctuaries or the American Sanctuary 

10 Association; 

11 ‘‘(C) any State college, university, or agen12 cy, State-licensed wildlife rehabilitator, or 

13 State-licensed veterinarian; 

14 ‘‘(D) any incorporated humane society, 

15 animal shelter, or society for the prevention of 

16 cruelty to animals; 

17 ‘‘(E) any federally-licensed and inspected 

18 breeder or dealer that is conducting any breed19 ing or dealing activity with a person referred to 

20 in this paragraph; or 

21 ‘‘(F) any person having custody of a wild 

22 animal solely for the purpose of transporting 

23 the animal to a person referred to in this para24 graph. 
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1 ‘‘(2) REGULATIONS.—Not later than 180 days 

2 after the date of enactment of this subsection, the 

3 Secretary, in consultation with the heads of other 

4 relevant Federal agencies, shall promulgate regula5 tions describing the persons or entities to which 

6 paragraph (1) applies. 

7 ‘‘(3) STATE AUTHORITY.—Nothing in this sub8 section preempts or supersedes the authority of a 

9 State to regulate wildlife species within that State.’’. 

10 (b) APPLICATION.—Section 3(a)(2)(C) of the Lacey 

11 Act Amendments of 1981 (as added by subsection 

12 (a)(1)(A)(iii)) shall apply beginning on the effective date 

13 of regulations promulgated under section 3(e)(2) of that 

14 Act (as added by subsection (a)(2)).

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