[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 1498 Reported in Senate (RS)]






                                                       Calendar No. 455
110th CONGRESS
  1st Session
                                S. 1498

                          [Report No. 110-210]

   To amend the Lacey Act Amendments of 1981 to prohibit the import, 
  export, transportation, sale, receipt, acquisition, or purchase in 
  interstate or foreign commerce of any live animal of any prohibited 
               wildlife species, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 24, 2007

Mrs. Boxer (for herself, Mr. Vitter, Mr. Lieberman, Mr. Lautenberg, Mr. 
Menendez, and Mr. Ensign) introduced the following bill; which was read 
  twice and referred to the Committee on Environment and Public Works

                            October 29, 2007

                Reported by Mrs. Boxer, 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 prohibit the import, 
  export, transportation, sale, receipt, acquisition, or purchase in 
  interstate or foreign commerce of any live animal of any prohibited 
               wildlife species, and for other purposes.

    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 THE 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 ``, or any nonhuman primate'' before 
the period at the end.

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), 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 redesignating paragraphs (2) through (5) as 
                paragraphs (3) through (6) respectively;
                    (B) by striking ``(e)'' and all that follows 
                through ``does not apply'' in 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 any live animal of any 
        prohibited wildlife species.
            ``(2) Nonapplicability.--This subsection does not apply'';
                    (C) in paragraph (2) (as redesignated by 
                subparagraph (A))--
                            (i) by striking ``a prohibited'' and 
                        inserting ``any prohibited''; and
                            (ii) by striking ``paragraph (3), is 
                        described in paragraph (2)'' and inserting 
                        ``paragraph (4), is described in paragraph 
                        (3)'';
                    (D) in paragraph (3) (as redesignated by 
                subparagraph (A))--
                            (i) 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''; and
                                    (II) in clause (iv), by striking 
                                ``animals'' and inserting ``prohibited 
                                wildlife species''; and
                            (ii) in subparagraph (D), by striking 
                        ``animal'' each place it appears and inserting 
                        ``prohibited wildlife species'';
                    (E) in paragraph (4) (as redesignated by 
                subparagraph (A)), by striking ``paragraph (2)'' and 
                inserting ``paragraph (3)'';
                    (F) in paragraph (6) (as redesignated by 
                subparagraph (A)), by striking ``subsection (a)(2)(C)'' 
                and inserting ``this section''; and
                    (G) by adding at the end the following:
            ``(7) Application.--This subsection shall apply beginning 
        on the effective date of the regulations promulgated pursuant 
        to this subsection.''.
    (b) Civil Penalties.--Section 4(a)(1) of the Lacey Act Amendments 
of 1981 (16 U.S.C. 3373(a)(1)) is amended--
            (1) by striking ``(other than subsection 3(b))'' and 
        inserting ``(other than subsections (b), (d), and (e) of 
        section 3)''; and
            (2) by striking ``section 3(d)'' and inserting ``subsection 
        (d) or (e) of section 3''.
    <DELETED>(b)</DELETED> Criminal Penalties</DELETED>.--
<DELETED>Section 4(d) of the
</DELETED>    (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) and (2), by striking ``(other than 
        subsection 3(b))'' each place it appears and inserting ``(other 
        than subsections (b), (d), and (e) of section 3)''; and
            (2) in paragraph (3), by striking ``section 3(d)'' and 
        inserting ``subsection (d) or (e) of section 3''.

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 the subsection 
        designation and heading and all that follows through ``Section 
        3'' and inserting ``Section 3''; and
            (2) by striking subsection (b).
                                                       Calendar No. 455

110th CONGRESS

  1st Session

                                S. 1498

                          [Report No. 110-210]

_______________________________________________________________________

                                 A BILL

   To amend the Lacey Act Amendments of 1981 to prohibit the import, 
  export, transportation, sale, receipt, acquisition, or purchase in 
  interstate or foreign commerce of any live animal of any prohibited 
               wildlife species, and for other purposes.

_______________________________________________________________________

                            October 29, 2007

                        Reported with amendments