[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 462 Introduced in Senate (IS)]
111th CONGRESS
1st Session
S. 462
To amend the Lacey Act Amendments of 1981 to prohibit the importation,
exportation, transportation, and 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
February 24, 2009
Mrs. Boxer (for herself and Mr. Vitter) introduced the following bill;
which was read twice and referred to the Committee on Environment and
Public Works
_______________________________________________________________________
A BILL
To amend the Lacey Act Amendments of 1981 to prohibit the importation,
exportation, transportation, and 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 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 redesignating paragraphs (2), (3), (4), and
(5) as paragraphs (3), (4), (5), and (6) respectively;
(B) by striking ``(e)'' and all that follows
through ``Subsection (a)(2)(C) 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) Limitation on application.--This subsection--
``(A) does not apply to a person transporting a
nonhuman primate to or from a veterinarian who is
licensed to practice veterinary medicine within the
United States, solely for the purpose of providing
veterinary care to the nonhuman primate, if--
``(i) the person transporting the nonhuman
primate carries written documentation issued by
the veterinarian, including the appointment
date and location;
``(ii) the nonhuman primate is transported
in a secure enclosure appropriate for that
species of primate;
``(iii) the nonhuman primate has no contact
with any other animals or members of the
public, other than the veterinarian and other
authorized medical personnel providing
veterinary care; and
``(iv) such transportation and provision of
veterinary care is in accordance with all
otherwise applicable State and local laws,
regulations, permits, and health certificates;
``(B) does not apply to a person transporting a
nonhuman primate to a legally designated caregiver for
the nonhuman primate as a result of the death of the
preceding owner of the nonhuman primate, if--
``(i) the person transporting the nonhuman
primate is carrying legal documentation to
support the need for transporting the nonhuman
primate to the legally designated caregiver;
``(ii) the nonhuman primate is transported
in a secure enclosure appropriate for the
species;
``(iii) the nonhuman primate has no contact
with any other animals or members of the public
while being transported to the legally
designated caregiver; and
``(iv) all applicable State and local
restrictions on such transport, and all
applicable State and local requirements for
permits or health certificates, are complied
with;
``(C) does not apply to a person 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 described in section 501(c)(3) of
the Internal Revenue Code of 1986 the nonprofit
tax status of which was obtained--
``(I) before July 18, 2008; and
``(II) 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, or to or from a
licensed foster care home providing specialty
training of the nonhuman primate solely for
purposes of assisting an individual who is
permanently disabled with 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; and
``(D) does not apply'';
(C) in paragraph (2) (as redesignated by
subparagraph (A))--
(i) by striking ``a'' before ``prohibited''
and inserting ``any'';
(ii) by striking ``(3)'' and inserting
``(4)''; and
(iii) by striking ``(2)'' and inserting
``(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 ``(2)'' and inserting
``(3)''; and
(F) in paragraph (6) (as redesignated by
subparagraph (A))--
(i) by striking ``subsection (a)(2)(C)''
and inserting ``this subsection''; and
(ii) by striking ``2004 through 2008'' and
inserting ``2010 through 2014''.
(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).''.
SEC. 6. AUTHORIZATION OF APPROPRIATIONS FOR ADDITIONAL LAW ENFORCEMENT
PERSONNEL.
In addition to such other amounts as are authorized to be
appropriated to carry out the Lacey Act Amendments of 1981 (16 U.S.C.
3371 et seq.), there is authorized to be appropriated to the Secretary
of the Interior, for use in hiring additional law enforcement personnel
of the United States Fish and Wildlife Service to enforce that Act,
$5,000,000 for fiscal year 2010.
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