[House Report 110-712]
[From the U.S. Government Publishing Office]



110th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     110-712

======================================================================
 
                       CAPTIVE PRIMATE SAFETY ACT

                                _______
                                

 June 17, 2008.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

  Mr. Rahall, from the Committee on Natural Resources, submitted the 
                               following

                              R E P O R T

                             together with

                            DISSENTING VIEWS

                        [To accompany H.R. 2964]

      [Including cost estimate of the Congressional Budget Office]

  The Committee on Natural Resources, to whom was referred the 
bill (H.R. 2964) to amend the Lacey Act Amendments of 1981 to 
treat nonhuman primates as prohibited wildlife species under 
that Act, to make corrections in the provisions relating to 
captive wildlife offenses under that Act, and for other 
purposes, having considered the same, report favorably thereon 
with an amendment and recommend that the bill as amended do 
pass.
  The amendment is as follows:
  Strike all after the enacting clause and insert the 
following:

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; and
                  ``(C) 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)'';
                  (F) in paragraph (6) (as redesignated by subparagraph 
                (A)), by striking ``subsection (a)(2)(C)'' and 
                inserting ``this subsection''; and
                  (G) by inserting after paragraph (6) (as redesignated 
                by subparagraph (A)) the following:
          ``(7) Application.--This subsection shall apply beginning on 
        the effective date of regulations promulgated under this 
        subsection.''.
  (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)''.

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 new paragraph:
          ``(3) The Secretary shall, in consultation with other 
        relevant Federal and State agencies, issue 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 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 
$5,000,000 for fiscal year 2009 to hire additional law enforcement 
personnel of the United States Fish and Wildlife Service to enforce 
that Act.

                          Purpose of the Bill

    The purpose of H.R. 2964 is to amend the Lacey Act 
Amendments of 1981 to treat nonhuman primates as prohibited 
wildlife species under that Act, to make corrections in the 
provisions relating to captive wildlife offenses under that 
Act, and for other purposes.

                  Background and Need for Legislation

    H.R. 2964, The Captive Primate Safety Act, would amend the 
Lacey Act Amendments of 1981 to add nonhuman primates to the 
list of animals that cannot be transported across state lines. 
Specifically, H.R. 2964 prohibits the import, export, 
transportation, sale, receipt, acquisition, or purchase in 
interstate or foreign commerce of nonhuman primates in order to 
safeguard public health and safety and protect the welfare of 
monkeys, apes (which include chimpanzees and orangutans), 
marmosets and lemurs. The bill is similar to the Captive 
Wildlife Safety Act (CWSA), which Congress passed in 2003 to 
ban interstate commerce in lions, tigers, and other big cats 
for the pet trade.
    Although the importation of nonhuman primates into the 
United States for the pet trade has been banned by federal 
regulation since 1975 due to health concerns, these animals are 
readily available for purchase on the Internet and from exotic 
animal dealers. While some states already prohibit the 
possession of these animals as pets, there remains an active 
trade in these animals. It is estimated that 15,000 nonhuman 
primates currently are in private hands. This number may be low 
due to the largely unregulated nature of the trade.
    Nonhuman primates may pose serious risks to public health 
and safety. They can transmit diseases such as Herpes B, monkey 
pox, Simian Immunodeficiency Virus, tuberculosis, yellow fever, 
and the Ebola virus. Further, nonhuman primates can inflict 
serious physical harm. While infant primates may seem as 
harmless as domesticated animals, they are wild creatures that 
inevitably grow more assertive and can become aggressive when 
frustrated or frightened. The Captive Wild Animal Protection 
Coalition reported that from January 1, 1995 to January 1, 2005 
there were 132 incidents reported of human injury caused by 
captive primates or escapes of captive primates in the United 
States.
    Most people cannot provide the special care, housing, diet, 
maintenance, and enrichment that these animals require, 
including companionship with other nonhuman primates. If an 
owner becomes overwhelmed or unable to meet these needs, a 
nonhuman primate purchased in the interstate pet trade can 
ultimately face euthanasia, abandonment, or a lifetime of 
imprisonment in someone's garage or basement. Alternatively, 
they may end up being sold to substandard roadside menageries 
or dumped back into the cycle of breeding, adding to the exotic 
animal industry.
    Interstate transport increases the probability of contact 
with strangers and untrained people, thereby augmenting the 
risks of disease spread and physical harm. Conversely, 
decreasing commerce in nonhuman primates, as H.R. 2964 would 
do, limits interactions and diminishes risks to humans.
    H.R. 2964 would not affect trade or transportation of 
animals for zoos, research facilities, or other federally 
licensed and regulated entities. Federal licenses or 
registration are required for all commercial activity, such as 
breeders, dealers, research institutions, exhibitors, and 
transporters; therefore, they are exempt from this legislation.
    H.R. 2964 also makes technical corrections to the Lacey Act 
Amendments of 1981 and the Captive Wildlife Safety Act in order 
to ensure that the CWSA provisions found in 16 U.S.C 3372 are 
fully enforceable.
    As mentioned, the CWSA amended the Lacey Act Amendments of 
1981 to make it unlawful for any person to import, export, 
transport, sell, receive, acquire, or purchase in interstate or 
foreign commerce any prohibited wildlife species. Such 
prohibited wildlife species include any live species of lion, 
tiger, leopard, cheetah, jaguar, and cougar. The purpose of the 
law was to prevent the sale of these species as pets.
    It was not until the CWSA had been passed that the Fish and 
Wildlife Service and Department of Justice identified technical 
drafting problems with the legislation that made full 
implementation and enforcement impossible.
    Specifically, under the Lacey Act civil and criminal 
wildlife trafficking prohibitions are built upon a ``two-step'' 
prohibition scheme. Under section 3372(a), each trafficking 
violation--with the exception of violations of the CWSA--
requires proof of two separate steps involving the wildlife at 
issue. First, the wildlife must be taken, possessed, 
transported or sold by someone in violation of existing laws or 
treaties. Second, the wildlife must be subsequently imported, 
exported, transported, sold, received, acquired or purchased. 
These two steps cannot be collapsed by prosecutors into one 
step or act committed by the defendant.
    As enacted, the CWSA is a one-step offense within a section 
of the Lacey Act that presumes two-step violations. 
Consequently, placement of amendments made by the CWSA in this 
section of the Lacey Act could make violations of the CWSA 
potentially difficult to enforce in court because some big cats 
may be legally possessed to begin with. H.R. 2964 would make 
the technical changes to the law needed to allow the original 
intent of the legislation to be achieved. All exemptions under 
the existing CWSA would remain unchanged and in effect.

                            Committee Action

    H.R. 2964 was introduced by Representative Eddie Bernice 
Johnston (D-TX) on July 10, 2007. The bill was referred to the 
Committee on Natural Resources, and within the Committee to the 
Subcommittee on Fisheries, Wildlife and Oceans.
    On March 11, 2008, the Subcommittee held a hearing on the 
bill. Representatives from the American Veterinary Medical 
Association, the Jane Goodall Institute, the Association of 
Zoos and Aquariums, the Humane Society of the United States and 
others testified in favor of the bill. The Administration 
opposed the bill, stating that it would expand the U.S. Fish 
and Wildlife Service's enforcement responsibilities into what 
they consider to be a responsibility of state agencies.
    On June 4, 2008, the Subcommittee met to mark up the bill. 
Rep. Henry E. Brown, Jr. (R-SC) offered an amendment to include 
a one-time authorization of appropriations for law enforcement, 
which was adopted by voice vote. Rep. Brown also offered an 
amendment to allow nonhuman primates to be transported across 
state lines to obtain veterinary care. Chairwoman Madeleine Z. 
Bordallo (D-GU) offered a second-degree amendment to the Brown 
amendment to place conditions on such transport to ensure the 
protection of the nonhuman primate and the humans involved in 
the provision of transport and medical care. The second-degree 
amendment also stipulated that the transportation and provision 
of veterinary care must be in accordance with all otherwise 
applicable state and local prohibitions and restrictions. 
Third, the second-degree amendment required the Secretary of 
the Interior to issue regulations to implement the Captive 
Wildlife Safety Act. The Bordallo amendment was adopted by 
voice vote and the Brown amendment, as amended, was also 
adopted by voice vote. H.R. 2964, as amended, was then 
recommended favorably to the Full Committee.
    On June 11, 2008, the Full Natural Resources Committee met 
to consider the bill. Ranking Member Don Young (R-AK) offered 
an amendment to permit the transport, with conditions, of a 
nonhuman primate to a legally designated caregiver in the event 
of the death of the preceding owner. It was adopted by 
unanimous consent. The bill was then ordered favorably reported 
to the House of Representatives by unanimous consent.

                      Section-by-Section Analysis


Section 1. Short title

    This section provides that this Act may be cited as the 
``Captive Primate Safety Act''.

Sec. 2. Addition of nonhuman primates to the definition of prohibited 
        wildlife species

    This section amends the Lacey Act Amendments of 1981 to add 
nonhuman primates to the definition of ``Prohibited Wildlife 
Species.''

Sec. 3. Captive wildlife amendments

    This section amends the Lacey Act Amendments of 1981 to add 
nonhuman primates to the group of animals that cannot be 
imported, exported, transported, sold, received, acquired or 
purchased in interstate or foreign commerce. This section also 
provides, and places conditions on, exemptions to the 
prohibition for the purposes of: (1) receiving veterinary care; 
and (2) transferring ownership of the nonhuman primate in the 
event of a caregiver's death.

Sec. 4. Applicability provision amendment

    This section makes technical corrections to ensure the 
implementation and enforcement of the Captive Wildlife Safety 
Act (117 Stat. 2871; Public Law 108-191).

Sec. 5. Applicability provision amendment

    This section directs the Secretary of the Interior, in 
consultation with other relevant federal and state agencies, to 
issue regulations to implement the Captive Wildlife Safety Act.

Sec. 6. Applicability provision amendment

    This section authorizes an appropriation to the Secretary 
of the Interior of $5 million for fiscal year 2009 to hire 
additional law enforcement personnel of the U.S. Fish and 
Wildlife Service to enforce the Captive Wildlife Safety Act.

            Committee Oversight Findings and Recommendations

    Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of 
rule XIII of the Rules of the House of Representatives, the 
Committee on Natural Resources' oversight findings and 
recommendations are reflected in the body of this report.

                   Constitutional Authority Statement

    Article I, section 8 of the Constitution of the United 
States grants Congress the authority to enact this bill.

                    Compliance With House Rule XIII

    1. Cost of Legislation. Clause 3(d)(2) of rule XIII of the 
Rules of the House of Representatives requires an estimate and 
a comparison by the Committee of the costs which would be 
incurred in carrying out this bill. However, clause 3(d)(3)(B) 
of that rule provides that this requirement does not apply when 
the Committee has included in its report a timely submitted 
cost estimate of the bill prepared by the Director of the 
Congressional Budget Office under section 402 of the 
Congressional Budget Act of 1974.
    2. Congressional Budget Act. As required by clause 3(c)(2) 
of rule XIII of the rules of the House of Representatives and 
section 308(a) of the Congressional Budget Act of 1974, this 
bill does not contain any new budget authority, spending 
authority, credit authority, or an increase or decrease in 
revenues or tax expenditures.
    3. General Performance Goals and Objectives. As required by 
clause 3(c)(4) of rule XIII, the general performance goal or 
objective of this bill is to amend the Lacey Act Amendments of 
1981 to treat nonhuman primates as prohibited wildlife species 
under that Act, to make corrections in the provisions relating 
to captive wildlife offenses under that Act.
    4. Congressional Budget Office Cost Estimate. Under clause 
3(c)(3) of rule XIII of the Rules of the House of 
Representatives and section 403 of the Congressional Budget Act 
of 1974, the Committee has received the following cost estimate 
for this bill from the Director of the Congressional Budget 
Office:

H.R. 2964--Captive Primate Safety Act

    Summary: H.R. 2964 would amend the Lacey Act to prohibit 
interstate and foreign trade of nonhuman primates. The 
legislation also would authorize the appropriation of $5 
million for 2009 for enforcement of the bill. CBO estimates 
that implementing the bill would cost $17 million over the 
2009-2013 period, assuming appropriation of the amounts 
authorized for 2009 and amounts estimated to be necessary after 
that. The bill could increase revenue collections and direct 
spending, but we estimate that any such net changes would be 
insignificant.
    The bill contains no intergovernmental mandates as defined 
in the Unfunded Mandates Reform Act (UMRA) and would not affect 
the budgets of state, local, or tribal governments.
    H.R. 2964 would impose a private-sector mandate, as defined 
in UMRA, on certain entities that handle nonhuman primates. CBO 
expects that the direct costs of the mandate would fall well 
below the annual threshold established by UMRA for private-
sector mandates ($136 million in 2008, adjusted for inflation).
    Estimated cost to the Federal Government: The estimated 
budgetary impact of H.R. 2964 is shown in the following table. 
The costs of this legislation fall within budget function 300 
(natural resources and environment).

----------------------------------------------------------------------------------------------------------------
                                                                   By fiscal year, in millions of dollars--
                                                            ----------------------------------------------------
                                                              2009    2010    2011    2012    2013    2008-2013
----------------------------------------------------------------------------------------------------------------
                                  CHANGES IN SPENDING SUBJECT TO APPROPRIATION
Estimated Authorization Level..............................       5       3       4       4       4           20
Estimated Outlays..........................................       2       3       4       4       4           17
----------------------------------------------------------------------------------------------------------------

    Basis of estimate: H.R. 2964 would make it illegal to 
import, export, transport, sell, receive, acquire, or purchase 
nonhuman primates (such as monkeys and apes). Violators of the 
proposed prohibition on interstate and foreign trade of such 
animals would be subject to criminal and civil penalties.
    Based on information provided by the U.S. Fish and Wildlife 
Service (USFWS), CBO estimates that implementing H.R. 2964 
would cost about $4 million annually, primarily for additional 
staff to conduct inspections and investigations to enforce the 
legislation. CBO expects that the agency would take about three 
years to reach that level of effort. Thus, we estimate that the 
added duties for USFWS would cost about $17 million over the 
2009-2013 period, assuming appropriation of the $5 million 
authorized to be appropriated for 2009 and the amounts 
estimated to be necessary after that.
    Enacting H.R. 2964 could increase revenues from civil and 
criminal fines. Based on information obtained from the USFWS 
about the relatively small number of violations likely to 
occur, CBO estimates that any such increase would be less than 
$500,000 annually. Moreover, such changes would be fully offset 
by increases in direct spending from the Crime Victims Fund 
(where criminal fines are deposited) or the resource management 
account of the USFWS (where civil fines are deposited and used 
for rewards to informers and for other program costs).
    Estimated impact on state, local, and tribal governments: 
H.R. 2964 contains no intergovernmental mandates as defined in 
UMRA and would not affect the budgets of state, local, or 
tribal governments.
    Estimated impact on the private sector: H.R. 2964 would 
impose a private-sector mandate as defined in UMRA. The bill 
would prohibit any person from importing, exporting, 
transporting, selling, receiving, acquiring, or purchasing 
nonhuman primates in interstate or foreign commerce. Several 
groups would be exempted from the prohibition, including 
entities that are licensed or registered by a federal agency. 
Importers, dealers, exhibitors, transporters, and research 
facilities that handle nonhuman primates are currently required 
to obtain a permit or license, or register with a federal 
agency. Therefore, those entities would not be affected by the 
provisions in the bill.
    The cost to any sanctuaries that would need to get 
accredited would be small. H.R. 2964 also would exempt, under 
the conditions specified in the bill, individuals transporting 
nonhuman primates to veterinarians or to designated care givers 
upon the death of the owner. CBO expects that those individuals 
would incur minimal costs to meet those conditions. The costs 
to others who would be affected by the mandate also would be 
minimal. Consequently, CBO expects that the local direct cost 
of complying with the mandate would fall well below the annual 
threshold established in UMRA for private-sector mandates ($136 
million in 2008, adjusted for inflation).
    Previous CBO estimate: On August 20, 2007, CBO transmitted 
a cost estimate for S. 1498, the Captive Primates Safety Act, 
as ordered reported by the Senate Committee on Public Works and 
Environment on July 31, 2007. S. 1498 and H.R. 2964 are very 
similar. The estimated total costs of the two versions of the 
legislation are the same, but the timing of outlays is slightly 
different because we assume that H.R. 2964 will be enacted at a 
later date.
    Estimate prepared by: Federal Costs: Deborah Reis; Impact 
on State, Local, and Tribal Governments: Melissa Merrill; 
Impact on the Private Sector: Amy Petz.
    Estimate approved by: Theresa Gullo, Deputy Assistant 
Director for Budget Analysis.

                    Compliance With Public Law 104-4

    This bill contains no unfunded mandates.

                           Earmark Statement

    H.R. 2964 does not contain any congressional earmarks, 
limited tax benefits, or limited tariff benefits as defined in 
clause 9(d), 9(e) or 9(f) of rule XXI.

                Preemption of State, Local or Tribal Law

    This bill is not intended to preempt any State, local or 
tribal law.

         Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italic, existing law in which no change is 
proposed is shown in roman):

                      LACEY ACT AMENDMENTS OF 1981




           *       *       *       *       *       *       *
SEC. 2. DEFINITIONS.

  For purposes of this Act:
  (a) * * *

           *       *       *       *       *       *       *

  (g) Prohibited Wildlife Species.--The term ``prohibited 
wildlife species'' means any live species of lion, tiger, 
leopard, cheetah, jaguar, or cougar or any hybrid of such 
species or any nonhuman primate.

           *       *       *       *       *       *       *


SEC. 3. PROHIBITED ACTS.

  (a) Offenses Other Than Marking Offenses.--It is unlawful for 
any person--
          (1) * * *
          (2) to import, export, transport, sell, receive, 
        acquire, or purchase in interstate or foreign 
        commerce--
                  (A) any fish or wildlife taken, possessed, 
                transported, or sold in violation of any law or 
                regulation of any State or in violation of any 
                foreign law; or
                  (B) any plant--
                          (i) taken, possessed, transported, or 
                        sold in violation of any law or 
                        regulation of any State, or any foreign 
                        law, that protects plants or that 
                        regulates--
                                  (I) * * *

           *       *       *       *       *       *       *

                          (iii) taken, possessed, transported, 
                        or sold in violation of any limitation 
                        under any law or regulation of any 
                        State, or under any foreign law, 
                        governing the export or transshipment 
                        of plants[; or];
                  [(C) any prohibited wildlife species (subject 
                to subsection (e));]

           *       *       *       *       *       *       *

          (4) to attempt to commit any act described in 
        paragraphs (1) through (3) or subsection (e).

           *       *       *       *       *       *       *

  [(e) Nonapplicability of Prohibited Wildlife Species 
Offense.--
          [(1) In general.--Subsection (a)(2)(C) does not 
        apply]
  (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; and
                  (C) does not apply to importation, 
                exportation, transportation, sale, receipt, 
                acquisition, or purchase of an animal of [a] 
                any prohibited wildlife species, by a person 
                that, under regulations prescribed under 
                paragraph [(3)] (4), is described in paragraph 
                [(2)] (3) with respect to that species.
          [(2)] (3) Persons described.--A person is described 
        in this paragraph, if the person--
                  (A) * * *

           *       *       *       *       *       *       *

                  (C) is an accredited wildlife sanctuary that 
                cares for prohibited wildlife species and--
                          (i) * * *

           *       *       *       *       *       *       *

                          (ii) does not commercially trade in 
                        [animals listed in section 2(g)] 
                        prohibited wildlife species, including 
                        offspring, parts, and byproducts of 
                        such animals;
                          (iii) does not propagate [animals 
                        listed in section 2(g)] prohibited 
                        wildlife species; and
                          (iv) does not allow direct contact 
                        between the public and [animals] 
                        prohibited wildlife species; or
                  (D) has custody of the [animal] prohibited 
                wildlife species solely for the purpose of 
                expeditiously transporting the [animal] 
                prohibited wildlife species to a person 
                described in this paragraph with respect to the 
                species.
          [(3)] (4) Regulations.--Not later than 180 days after 
        the date of enactment of this subsection, the 
        Secretary, in cooperation with the Director of the 
        Animal and Plant Health Inspection Service, shall 
        promulgate regulations describing the persons described 
        in paragraph [(2)] (3).
          [(4)] (5) State authority.--Nothing in this 
        subsection preempts or supersedes the authority of a 
        State to regulate wildlife species within that State.
          [(5)] (6) Authorization of appropriations.--There is 
        authorized to be appropriated to carry out [subsection 
        (a)(2)(C)] this subsection $3,000,000 for each of 
        fiscal years 2004 through 2008.
          (7) Application.--This subsection shall apply 
        beginning on the effective date of regulations 
        promulgated under this subsection.

           *       *       *       *       *       *       *


SEC. 4. PENALTIES AND SANCTIONS.

  (a) Civil Penalties.--
          (1) Any person who engages in conduct prohibited by 
        any provision of this Act (other than subsections (b), 
        (d), (e), and (f) of section 3) and in the exercise of 
        due care should know that the fish or wildlife or 
        plants were taken, possessed, transported, or sold in 
        violation of, or in a manner unlawful under, any 
        underlying law, treaty, or regulation, and any person 
        who knowingly violates subsection (d), (e), or (f) of 
        section 3, may be assessed a civil penalty by the 
        Secretary of not more than $10,000 for each such 
        violation: Provided, That when the violation involves 
        fish or wildlife or plants with a market value of less 
        than $350, and involves only the transportation, 
        acquisition, or receipt of fish or wildlife or plants 
        taken or possessed in violation of any law, treaty, or 
        regulation of the United States, any Indian tribal law, 
        any foreign law, or any law or regulation of any State, 
        the penalty assessed shall not exceed the maximum 
        provided for violation of said law, treaty, or 
        regulation, or $10,000, whichever is less.

           *       *       *       *       *       *       *

  (d) Criminal Penalties.--
          (1) Any person who--
                  (A) knowingly imports or exports any fish or 
                wildlife or plants in violation of any 
                provision of this Act (other than subsections 
                (b), (d), (e), and (f) of section 3), or
                  (B) violates any provision of this Act (other 
                than subsections (b), (d), (e), and (f) of 
                section 3) by knowingly engaging in conduct 
                that involves the sale or purchase of, the 
                offer of sale or purchase of, or the intent to 
                sell or purchase, fish or wildlife or plants 
                with a market value in excess of $350,
        knowing that the fish or wildlife or plants were taken, 
        possessed, transported, or sold in violation of, or in 
        a manner unlawful under, any underlying law, treaty or 
        regulation, shall be fined not more than $20,000, or 
        imprisoned for not more than five years, or both. Each 
        violation shall be a separate offense and the offense 
        shall be deemed to have been committed not only in the 
        district where the violation first occurred, but also 
        in any district in which the defendant may have taken 
        or been in possession of the said fish or wildlife or 
        plants.
          (2) Any person who knowingly engages in conduct 
        prohibited by any provision of this Act (other than 
        subsections (b), (d), (e), and (f) of section 3) and in 
        the exercise of due care should know that the fish or 
        wildlife or plants were taken, possessed, transported, 
        or sold in violation of, or in a manner unlawful under, 
        any underlying law, treaty or regulation shall be fined 
        not more than $10,000, or imprisoned for not more than 
        one year, or both. Each violation shall be a separate 
        offense and the offense shall be deemed to have been 
        committed not only in the district where the violation 
        first occurred, but also in any district in which the 
        defendant may have taken or been in possession of the 
        said fish or wildlife or plants.
          (3) Any person who knowingly violates subsection (d), 
        (e), or (f) of section 3--
                  (A) * * *

           *       *       *       *       *       *       *


SEC. 7. ADMINISTRATION.

  (a) Regulations.--
          (1) * * *

           *       *       *       *       *       *       *

          (3) The Secretary shall, in consultation with other 
        relevant Federal and State agencies, issue regulations 
        to implement section 3(e).

           *       *       *       *       *       *       *

                              ----------                              


                      CAPTIVE WILDLIFE SAFETY ACT



           *       *       *       *       *       *       *
SEC. 3. PROHIBITED ACTS.

  [(a) In General.--Section 3] Section 3 of the Lacey Act 
Amendments of 1981 (16 U.S.C. 3372) is amended--
          (1) * * *

           *       *       *       *       *       *       *

  [(b) Application.--Section 3(a)(2)(C) of the Lacey Act 
Amendments of 1981 (as added by subsection (a)(1)(A)(iii)) 
shall apply beginning on the effective date of regulations 
promulgated under section 3(e)(3) of that Act (as added by 
subsection (a)(2)).]

           *       *       *       *       *       *       *


                            DISSENTING VIEWS

    According to various sources, there are approximately 
15,000 primate pets in the United States. All pet primates have 
been born in the United States and sold by USDA licensed 
breeders for the past 33 years and they cost between $3,000 to 
$30,000 each. The Captive Wild Animal Protection Coalition has 
stated that 132 people have been injured by primates in the 
past ten years with nearly 40 percent of those injuries 
occurring in laboratories, research facilities, sanctuaries and 
zoos. These facilities are all exempt under the Captive Primate 
Safety Act. In contrast, there is evidence indicating that 
large dogs send nearly 300,000 people to hospital emergency 
rooms each year.
    It has been argued that primates infect their human hosts 
with a variety of deadly diseases. In fact, there is little 
documented evidence that primate pets are infecting their human 
owners or even have the same diseases that are found in wild 
primate populations. During testimony on this legislation, Dr. 
Sian Evans, the Director of the DuMond Conservancy for Primates 
and Tropical Forests testified that: ``Pet primates are not a 
documented source of disease for humans. There is no 
documentation or scientific evidence to support these claims.''
    In summary, there are more than 40 states that either 
prohibit or require a license or permit to own a non-human 
primate, a significant number of injuries caused by primates 
have happened at exempted facilities such as laboratories, 
sanctuaries and zoos, there is no documented evidence that 
primate pets are infecting their owners and there is a real 
question of whether the U.S. Fish and Wildlife Service should 
be responsible for regulating the pet industry, particularly at 
a cost of $5 million.

                                                         Bill Sali.

                                  
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