Pub. L 108-191

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’’.

Dec. 19, 2003
[H.R. 1006]
Captive Wildlife
Safety Act.
16 USC 3371
note.

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.

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117 STAT. 2872

Deadline.

16 USC 3372
note.

PUBLIC LAW 108–191—DEC. 19, 2003

‘‘(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.

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.

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