II 

Calendar No. 320

108TH CONGRESS 

1ST SESSION S. 269

[Report No. 108–172] 

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, Mr. 

SMITH, Mr. LIEBERMAN, Mr. BREAUX, Mr. ALLARD, Mr. LEAHY, Mr. 

KERRY, Mrs. BOXER, Mr. LAUTENBERG, Mr. INHOFE, Mr. DEWINE, Ms. 

LANDRIEU, and Mr. DURBIN) introduced the following bill; which was 

read twice and referred to the Committee on Environment and Public 

Works 

OCTOBER 23, 2003

Reported by Mr. INHOFE, with amendments 

[Omit the part struck through and insert the part printed in italic] 

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,
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1 SECTION 1. SHORT TITLE. 

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

3 Act’’. 

4 SEC. 2. DEFINITION OF PROHIBITED WILDLIFE SPECIES. 

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

6 U.S.C. 3371) is amended—

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

8 as subsections (h) through (k), respectively; and 

9 (2) by inserting after subsection (f) the fol10 lowing:

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

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

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

14 ‘‘(g) PROHIBITED WILDLIFE SPECIES.—The term 

15 ‘prohibited wildlife species’ means—

16 ‘‘(A) any live species of lion, tiger, leopard, 

17 cheetah, jaguar, or cougar; and 

18 ‘‘(B) any live hybrid of any of those spe19 cies.’’.

20 SEC. 3. PROHIBITED ACTS. 

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

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

23 (1) in subsection (a)—

24 (A) in paragraph (2)—

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

26 or’’ at the end and inserting a semicolon; 
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1 (ii) in subparagraph (B), by inserting 

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

3 (iii) by adding at the end the fol4 lowing: 

5 ‘‘(C) any prohibited wildlife species (sub6 ject to subsection (e));’’; 

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

8 after the semicolon at the end; and 

9 (C) in paragraph (4), by striking ‘‘para10 graphs (1) through (4)’’ and inserting ‘‘para11 graphs (1) through (3)’’; and 

12 (2) by adding at the end the following: 

13 ‘‘(e) NONAPPLICABILITY OF PROHIBITED WILDLIFE

14 SPECIES OFFENSE.—

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

16 not apply to—

17 ‘‘(A) any zoo, circus, exhibitor or research 

18 facility licensed or registered and inspected by 

19 a Federal agency, or aquarium;

20 ‘‘(B) any person accredited by the Associa21 tion of Sanctuaries or the American Sanctuary 

22 Association;

23 ‘‘(B) any sanctuary, humane society, ani24 mal shelter, or society for the prevention of cru25 elty to animals that—
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1 ‘‘(i)(I) is an organization described in 

2 section 501(c)(3) of the Internal Revenue 

3 Code of 1986 that is exempt from taxation 

4 under section 501(a) of that Code; and 

5 ‘‘(II) is an organization described in 

6 section 170(b)(1)(A)(vi) of that Code; 

7 ‘‘(ii) does not engage in commercial 

8 trade of animals listed in section 2(k) (in9 cluding any sale of animals, animal parts, 

10 byproducts, or offspring, exhibition of ani11 mals for photograph opportunities, or con12 duct of public events with live animals for 

13 financial profit or any other entertainment 

14 purpose); 

15 ‘‘(iii) does not propagate animals in a 

16 facility of the sanctuary, humane society, 

17 animal shelter, or society for the prevention 

18 of cruelty to animals; 

19 ‘‘(iv) does not—

20 ‘‘(I) allow unescorted public visi21 tation or direct contact between the 

22 public and wild animals; or 

23 ‘‘(II) take animals from a sanc24 tuary or enclosure for exhibition; and 
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1 ‘‘(v) maintains exceptional standards 

2 of animal care;

3 ‘‘(C) any State college, university, or agen4 cy, State-licensed wildlife rehabilitator, or 

5 State-licensed veterinarian;

6 ‘‘(D) any incorporated humane society, 

7 animal shelter, or society for the prevention of 

8 cruelty to animals; 

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

10 breeder or dealer that is conducting any breed11 ing or dealing activity with a person referred to 

12 in this paragraph; or

13 ‘‘(D) any federally-licensed and inspected 

14 broker or dealer in a case in which the broker or 

15 dealer is conducting any brokering or dealing ac16 tivity with a person referred to in this para17 graph; or

18 ‘‘(F) (E) any person having custody of a 

19 wild animal solely for the purpose of expedi20 tiously transporting the animal to a person re21 ferred to in this paragraph. 

22 ‘‘(2) REGULATIONS.—Not later than 180 days 

23 after the date of enactment of this subsection, the 

24 Secretary, in cooperation with the Director of the 

25 Animal and Plant Health Inspection Service and in 
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1 consultation with the heads of other relevant Federal 

2 agencies, shall promulgate regulations describing the 

3 persons or entities to which paragraph (1) applies. 

4 ‘‘(3) STATE AUTHORITY.—Nothing in this sub5 section preempts or supersedes the authority of a 

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

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

8 Act Amendments of 1981 (as added by subsection 

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

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

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

Calendar No. 320

108TH CONGRESS 

1ST SESSION S. 269

[Report No. 108–172] 

A BILL

To amend the Lacey Act Amendments of 1981 to 

further the conservation of certain wildlife species. 

OCTOBER 23, 2003

Reported with amendments