Captive Primate Safety Act - Amends the Lacey Act Amendments of 1981 to add nonhuman primates to the definition of "prohibited wildlife species" for purposes of the prohibition against the sale or purchase of such species in interstate or foreign commerce.
Makes it unlawful for a person to import, export, transport, sell, receive, acquire, or purchase a live animal of any prohibited wildlife species in interstate or foreign commerce (i.e., for pet trade purposes). Modifies exceptions to such prohibition, including by making it inapplicable to a person who is: (1) a licensed and inspected person who does not allow direct contact between the public and prohibited wildlife species, and (2) transporting a single primate of the genus Cebus that was obtained from and trained by a charitable organization to assist a permanently disabled individual with a severe mobility impairment.
Sets forth civil and criminal penalties for violations of the requirements of this Act.
[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2856 Introduced in House (IH)]
113th CONGRESS
1st Session
H. R. 2856
To amend the Lacey Act Amendments of 1981 to prohibit importation,
exportation, transportation, sale, receipt, acquisition, and purchase
in interstate or foreign commerce, or in a manner substantially
affecting interstate or foreign commerce, of any live animal of any
prohibited wildlife species.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 30, 2013
Mr. Fitzpatrick (for himself, Mr. Blumenauer, Mr. Moran, Mr. Farr, and
Mr. Conyers) introduced the following bill; which was referred to the
Committee on Natural Resources
_______________________________________________________________________
A BILL
To amend the Lacey Act Amendments of 1981 to prohibit importation,
exportation, transportation, sale, receipt, acquisition, and purchase
in interstate or foreign commerce, or in a manner substantially
affecting interstate or foreign commerce, of any live animal of any
prohibited 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 Primate Safety Act''.
SEC. 2. ADDITION OF NONHUMAN PRIMATES TO DEFINITION OF PROHIBITED
WILDLIFE SPECIES.
Section 2(g) of the Lacey Act Amendments of 1981 (16 U.S.C.
3371(g)) is amended by inserting before the period at the end ``or any
nonhuman primate''.
SEC. 3. CAPTIVE WILDLIFE AMENDMENTS.
(a) Prohibited Acts.--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 inserting
``or'' after the semicolon;
(ii) in subparagraph (B)(iii), by striking
``; or'' and inserting a semicolon; and
(iii) by striking subparagraph (C); and
(B) in paragraph (4), by inserting ``or subsection
(e)'' before the period; and
(2) in subsection (e)--
(A) by striking ``(e)'' and all that follows
through paragraph (1) and inserting the following:
``(e) Captive Wildlife Offense.--
``(1) In general.--It is unlawful for any person to import,
export, transport, sell, receive, acquire, or purchase in
interstate or foreign commerce, or in a manner substantially
affecting interstate or foreign commerce, any live animal of
any prohibited wildlife species.''; and
(B) in paragraph (2)--
(i) by striking so much as precedes
subparagraph (A) and inserting the following:
``(2) Limitation on application.--Paragraph (1) does not
apply to any person who--'';
(ii) in subparagraph (A), by inserting
before the semicolon at the end ``and does not
allow direct contact between the public and
prohibited wildlife species'';
(iii) in subparagraph (B), by striking
``State-licensed wildlife rehabilitator,'';
(iv) in subparagraph (C)--
(I) in clauses (ii) and (iii), by
striking ``animals listed in section
2(g)'' each place it appears and
inserting ``prohibited wildlife
species'';
(II) in clause (iv), by striking
``animals'' and inserting ``prohibited
wildlife species''; and
(III) by striking ``or'' after the
semicolon at the end;
(v) in subparagraph (D)--
(I) by striking ``animal'' each
place it appears and inserting
``prohibited wildlife species''; and
(II) by striking the period at the
end and inserting ``; or''; and
(vi) by adding at the end the following:
``(E) is transporting a nonhuman primate solely for
the purpose of assisting an individual who is
permanently disabled with a severe mobility impairment,
if--
``(i) the nonhuman primate is a single
animal of the genus Cebus;
``(ii) the nonhuman primate was obtained
from, and trained at, a licensed nonprofit
organization that before July 18, 2008, was
exempt from taxation under section 501(a) of
the Internal Revenue Code of 1986 and described
in sections 501(c)(3) and 170(b)(1)(A)(vi) of
such Code on the basis that the mission of the
organization is to improve the quality of life
of severely mobility-impaired individuals;
``(iii) the person transporting the
nonhuman primate is a specially trained
employee or agent of a nonprofit organization
described in clause (ii) that is transporting
the nonhuman primate to or from a designated
individual who is permanently disabled with a
severe mobility impairment;
``(iv) the person transporting the nonhuman
primate carries documentation from the
applicable nonprofit organization that includes
the name of the designated individual referred
to in clause (iii);
``(v) the nonhuman primate is transported
in a secure enclosure that is appropriate for
that species;
``(vi) the nonhuman primate has no contact
with any animal or member of the public, other
than the designated individual referred to in
clause (iii); and
``(vii) the transportation of the nonhuman
primate is in compliance with--
``(I) all applicable State and
local restrictions regarding the
transport; and
``(II) all applicable State and
local requirements regarding permits or
health certificates.''.
(b) Civil Penalties.--Section 4(a) of the Lacey Act Amendments of
1981 (16 U.S.C. 3373(a)) is amended--
(1) in paragraph (1), by inserting ``(e),'' after
``subsections (b), (d),''; and
(2) in paragraph (1), by inserting ``, (e),'' after
``subsection (d)''.
(c) Criminal Penalties.--Section 4(d) of the Lacey Act Amendments
of 1981 (16 U.S.C. 3373(d)) is amended--
(1) in paragraphs (1)(A) and (1)(B) and in the first
sentence of paragraph (2), by inserting ``(e),'' after
``subsections (b), (d),'' each place it appears; and
(2) in paragraph (3), by inserting ``, (e),'' after
``subsection (d)''.
(d) Effective Date; Regulations.--
(1) Effective date.--Subsections (a) through (c), and the
amendments made by those subsections, shall take effect on the
earlier of--
(A) the date of promulgation of regulations under
paragraph (2); and
(B) the expiration of the period referred to in
paragraph (2).
(2) Regulations.--Not later than 180 days after the date of
enactment of this Act, the Secretary of the Interior shall
promulgate regulations implementing the amendments made by this
section.
SEC. 4. APPLICABILITY PROVISION AMENDMENT.
Section 3 of the Captive Wildlife Safety Act (117 Stat. 2871;
Public Law 108-191) is amended--
(1) in subsection (a), by striking ``(a) In General.--
Section 3'' and inserting ``Section 3''; and
(2) by striking subsection (b).
SEC. 5. REGULATIONS.
Section 7(a) of the Lacey Act Amendments of 1981 (16 U.S.C.
3376(a)) is amended by adding at the end the following:
``(3) The Secretary shall, in consultation with other
relevant Federal and State agencies, promulgate regulations to
implement section 3(e).''.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Natural Resources.
Referred to the Subcommittee on Fisheries, Wildlife, Oceans, and Insular Affairs.
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