II 111th CONGRESS 1st Session S. 462 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.

1.

Short title

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

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.

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.

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).

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). .

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.