II Calendar No. 455 110th CONGRESS 1st Session S. 1498 [Report No. 110–210] 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.

1.

Short title

This Act may be cited as the Captive Primate Safety Act.

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.

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. (b)

Criminal Penalties

Section 4(d) of the (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.

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).

October 29, 2007 Reported with amendments