[Senate Report 110-210]
[From the U.S. Government Publishing Office]



                                                       Calendar No. 455
110th Congress                                                   Report
                                 SENATE
 1st Session                                                    110-210

======================================================================



 
                       CAPTIVE PRIMATE SAFETY ACT

                                _______
                                

                October 29, 2007.--Ordered to be printed

                                _______
                                

    Mrs. Boxer, from the Committee on Environment and Public Works, 
                        submitted the following

                              R E P O R T

                         [To accompany S. 1498]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Environment and Public Works, to which was 
referred a bill (S. 1498) to amend the Lacey Act Amendments of 
1981 to prohibit the import, export, transportation, sale, 
receipt, acquisition, or purchase in interstate of Foreign 
commerce of any live animal of any prohibited wildlife species, 
and for other purposes, having considered the same, reports 
favorably thereon with amendments and recommends that the bill 
as amended, do pass.

                    General Statement and Background

    Nonhuman primates kept as pets pose serious risks to public 
health and safety. These animals can be dangerous and can 
spread life-threatening diseases. Infant primates often seem 
endearing and cooperative, but they grow larger, stronger and 
more aggressive. They can inflict serious harm by biting and 
scratching. Removing their teeth, as some pet owners do, is 
cruel and no safeguard against injury. 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. The breakdown of these incidents 
by type of owner is as follows:

Pet...............................................................    80
Research facility.................................................     7
Quarantine facility...............................................     1
Circus............................................................     1
Sanctuary.........................................................     1
Zoo...............................................................    18
Dealer............................................................     1
Exhibitor.........................................................    13
Unknown...........................................................    10

    More incidents may have occurred but gone unreported. Most 
incidents occur when primates have contact with people other 
than their owners or trained caretakers. The probability of 
contact with strangers and untrained people increases during 
interstate transport.
    Nonhuman primates can potentially transmit diseases 
including Herpes B, monkeypox, Simian Immunodeficiency Virus 
(SIV), tuberculosis, yellow fever, and the Ebola virus. There 
are more than 240 species of extant primates. Primates fall 
into four categories: apes, old world monkeys, new world 
monkeys, and prosimians. The species from each group most 
commonly seen in the U.S. as pets are described below along 
with brief selections of the dangers that accompany them.

                                  Apes


                        CHIMPANZEES AND GIBBONS

     Great apes become intractable during and post-
puberty. They are extremely muscular and can cause great injury 
even without intention.
     Molloscum contagiosum is an example of a virus 
transported only from chimpanzees to humans as a small, 
domelike waxy papule on the face and eyelids.
     Because of our close genetic relationship, almost 
all diseases can be transmitted between apes and humans.

                           Old World Monkeys


       RHESUS MACAQUES, VERVETS, CYNOMOLGUS MONKEYS, AND BABOONS

     Old world monkeys can be aggressive and dangerous 
in close proximity to humans, especially after puberty.
     Old world monkeys should be considered carriers of 
Herpes B, a virus that can be passed to humans through bites 
but also through the airborne transmission of the disease in 
the form of vapor, fine particles, or larger droplets from body 
fluids and feces.
     Live rabies vaccines commonly given to dogs and 
cats can cause rabies in old world monkeys which can then be 
spread to humans.
     The vervet monkey is known to often carry the 
Marburg virus, a disease that has been fatal to humans in 7 out 
of 31 cases. No symptoms are shown until death and all vervets 
should be treated as if infected.

                           New World Monkeys


WOOLEY MONKEYS, CAPUCHINS, SQUIRREL MONKEYS, MARMOSETS, SPIDER MONKEYS, 
                            AND OWL MONKEYS

     New world monkeys tend to be less aggressive but 
are far more difficult to adapt to a pet environment.
     New world monkeys often carry diseases, such as 
measles, easily contracted by young children and the elderly.
     All four poxviruses are found in new world 
monkeys, with monkeypox being the most frequent.
     Viral hepatitis A is common in capuchins, owl 
monkeys, and tamarins. Often undetectable in the monkeys, the 
disease can still be passed to humans. Primate handlers often 
contract this virus from recently shipped animals.
     New world monkeys (mostly frugivores) are 
especially prime candidates for klebsiella and other water-
borne, gram-negative bacteria. Infected primates pose a serious 
danger to human infants, and children with mild respirator 
infections.

                               Prosimians


                 GALAGOS, TARSIERS, LEMURS, AND LORISES

     Prosimians may appear small and cuddly but have 
fierce and dangerous bites.
     Prosimians are likely to carry tuberculosis, 
bacterial pathogens such as salmonella, and both endo- and 
ecto-parasites.
    All non-human primates may carry diseases that can be 
passed to their human caretakers.
     Poxviruses can be found in all primates. The most 
common of these is monkey pox, which can be passed to humans as 
small pox. All recent purported small pox outbreaks appear to 
have been transmitted from monkeys. Humans can also be infected 
with other poxviruses carried by primates.
     Like humans, all primates can be infected with 
bacterial infection. The bacteria that deserve the most concern 
are Mycobacteriaciae (tuberculosis), Shigella/Salmonella, 
Campylo-bacter, and Klebsiella. Tuberculosis is especially 
common among pet primates and their owners. In addition, many 
primates carry parasites that are easily transmitted to human 
beings.
    In addition, nonhuman primates require a specialized diet, 
companionship from other nonhuman primates, and housing in very 
large enclosures. If a nonhuman primate becomes too difficult 
to handle for the pet owner, there are few options for caring 
for them.
    Because of the serious health risk, importing nonhuman 
primates to the U.S. for the pet trade has been banned by 
federal regulation since 1975. In addition, many states already 
prohibit these animals as pets. Still, there is a vigorous 
trade in these animals. Estimates are that 15,000 are in 
private hands; however, as the trade is largely unregulated, 
the number may be much higher. Because many of these animals 
move in interstate commerce, federal legislation is needed.

                     Objectives of the Legislation

    S. 1498 amends the Lacey Act by adding monkeys, apes, and 
other nonhuman primates to the list of animals that cannot be 
transported across state lines for the pet trade. It has no 
impact on 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. The bill is similar to the Captive Wildlife Safety Act, 
which Congress passed in 2003 to ban interstate commerce in 
lions, tigers, and other big cats for the pet trade.
    S. 1509 also makes technical corrections to the Lacey Act 
Amendments of 1981 and the Captive Wildlife Safety Act (CWSA) 
in order to ensure that the CWSA provisions found in 16 U.S.C 
3372 are fully enforceable. After the development of the 
regulations to implement the CWSA, the U.S. Fish and Wildlife 
Service (Service) became concerned that in certain cases 
enforcement of the CWSA might be questioned because of the 
provision's location within the Lacey Act Amendments of 1981. 
Specifically, the Lacey Act's civil and criminal wildlife 
trafficking prohibitions are built upon a two-part prohibition 
scheme. Each trafficking violation requires proof of two acts 
involving 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 
imported, exported, transported, sold, received, acquired or 
purchased. Although it was not Congress' intent, the Service is 
concerned that the Act might be interpreted as providing that 
these two prohibited acts cannot be collapsed into one step or 
act committed by the defendant. Therefore, based on the 
recommendations of the Service and the Department of Justice, 
this technical correction moves the CWSA provisions to another 
part of the Lacey Act to make it clear beyond peradventure that 
the CWSA is fully enforceable.

                      Section-by-Section Analysis


Section 1. Short title

    This section provides that this Act may be cited as the 
``Captive Primate Safety Act of 2005''.

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

    This section amends the Lacey Act by adding nonhuman 
primates to the list of animals that cannot be transported, 
sold, received, acquired or purchased in interstate or foreign 
commerce.

Sec. 3. Captive wildlife amendments

    This section makes technical corrections to section 3 of 
the Lacey Act Amendments of 1981 (16 U.S.C. 3372, 3373(a) and 
3373(d)).

Sec. 4. Applicability provision amendment

    This section makes technical corrections to section 3 of 
the Captive Wildlife Safety Act (117 Stat. 2871; Public Law 
108-191).

                          Legislative History

    In the 109th Congress, similar legislation, S. 1509, was 
introduced by Senator Jeffords, and cosponsored by Senators 
Chaffee, Lieberman, Lautenberg, Ensign, Vitter, and Menendez. 
The bill was reported by the Senate Environment and Public 
Works Committee on June 19, 2006, accompanied by written report 
No. 109-263. On July 11, 2006, the bill passed the Senate 
without amendment by Unanimous Consent.
    On May 24, 2007, Senator Boxer introduced S. 1498, which 
was cosponsored by Senators Vitter, Lautenberg, Lieberman and 
Menendez. The bill was received, read twice and referred to the 
Senate Committee on Environment and Public Works. The committee 
met on July 31, 2007, to consider the bill. S. 1498 was ordered 
to be reported with an amendment favorably.

                                Hearings

    No committee hearings were held on S. 1498.

                             Rollcall Votes

    The Committee on Environment and Public Works met to 
consider S. 1468 on July 31, 2007. The bill was ordered 
favorably reported by voice vote. No roll call votes were 
taken.

                      Regulatory Impact Statement

    In compliance with section 11(b) of rule XXVI of the 
Standing Rules of the Senate, the committee finds that S. 1498 
does not create any additional regulatory burdens, nor will it 
cause any adverse impact on the personal privacy of 
individuals.

                          Mandates Assessment

    In compliance with the Unfunded Mandates Reform Act of 1995 
(Public Law 104-4), the committee finds that S. 1498 would not 
impose Federal intergovernmental unfunded mandates on State, 
local, or tribal governments.

               Congressional Budget Office Cost Estimate

    Summary: S. 1498 would amend the Lacey Act to prohibit 
interstate and foreign trade of nonhuman primates. CBO 
estimates that implementing the bill would cost $17 million 
over the 2008-2012 period, assuming appropriation of the 
necessary amounts. The bill could increase revenue collections 
and direct spending, but we estimate that any such changes 
would be insignificant.
    S. 1498 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.
    S. 1498 would impose a private-sector mandate, as defined 
in UMRA, on certain entities that handle nonhuman primates. CBO 
expects that the direct cost of the mandate would fall well 
below the annual threshold established by UMRA for private-
sector mandates ($131 million in 2007, adjusted for inflation).
    Estimated cost to the Federal Government: The estimated 
budgetary impact of S. 1498 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--
                                 ---------------------------------------
                                   2008    2009    2010    2011    2012
------------------------------------------------------------------------
              CHANGES IN SPENDING SUBJECT TO APPROPRIATION

Estimated Authorization Level...       2       3       4       4       4
Estimated Outlays...............       2       3       4       4       4
------------------------------------------------------------------------

    Basis of estimate: S. 1498 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 S. 1498 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 
2008-2012 period, assuming appropriation of the necessary 
amounts.
    Enacting S. 1498 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: 
S. 1498 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: S. 1498 would 
impose a private-sector mandate, as defined in UMRA, by 
prohibiting anyone 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 and inspected by a federal agency; a 
state college, university, or agency, or certain persons 
licensed by the state; other groups such as accredited wildlife 
sanctuaries that qualify under the bill's criteria; and 
individuals that have custody of nonhuman primates solely for 
the purpose of transporting them to an exempted entity.
    The direct cost of the mandate would be the cost of 
becoming licensed, registered, or accredited for those who are 
not required to do so under current law. 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. In addition, based 
on information from wildlife sanctuaries, CBO expects that few 
sanctuaries would seek accreditation, which has a minimal cost. 
Consequently, CBO expects that the direct cost of complying 
with the mandate would fall well below the annual threshold 
established by UMRA for private-sector mandates ($131 million 
in 2007, adjusted for inflation).
    Estimate prepared by: Federal Costs: Deborah Reis; Impact 
on State, Local, and Tribal Governments: Leo Lex; Impact on the 
Private Sector: Amy Petz.
    Estimate approved by: Peter H. Fontaine, Assistant Director 
for Budget Analysis.

                        Changes in Existing Law

    In compliance with section 12 of rule XXVI of the Standing 
Rules of the Senate, 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) to import, export, transport, sell, receive, 
        acquire, or purchase any fish or wildlife or plant 
        taken, possessed, transported, or sold in violation of 
        any law, treaty, or regulation of the United States or 
        in violation of any Indian tribal law;
          (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 taken, possessed, transported, 
                or sold in violation of any law or regulation 
                of any State[; or] ;
                  [(C) any prohibited wildlife species (subject 
                to subsection (e));]
          (3) within the special maritime and territorial 
        jurisdiction of the United States (as defined in 
        section 7 of title 18, United States Code)--
                  (A) to possess 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 Indian tribal 
                law, or
                  (B) to possess any plant taken, possessed, 
                transported, or sold in violation of any law or 
                regulation of any State; or
          (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) Nonapplicability.--This subsection does not apply 
        to importation, exportation, transportation, sale, 
        receipt, acquisition, or purchase of an animal of [a 
        prohibited]any prohibited wildlife species, by a person 
        that, under regulations prescribed under [paragraph 
        (3), is described in paragraph (2)]paragraph (4), is 
        described in paragraph (3) with respect to that 
        species.
          [(2)](3) Persons described.--A person is described in 
        this paragraph, if the person--
                  (A) is licensed or registered, and inspected, 
                by the Animal and Plant Health Inspection 
                Service or any other Federal agency with 
                respect to that species;
                  (B) is a State college, university, or 
                agency, State-licensed wildlife rehabilitator, 
                or State-licensed veterinarian;
                  (C) is an accredited wildlife sanctuary that 
                cares for prohibited wildlife species and--
                          (i) is a corporation that is exempt 
                        from taxation under section 501(a) of 
                        the Internal Revenue Code 1986 and 
                        described in sections 501(c)(3) and 
                        170(b)(1)(A)(vi) of such Code;
                          (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)]paragraph (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 section $3,000,000 for each of fiscal 
        years 2004 through 2008.
          (7) Application.--This subsection shall apply 
        beginning on the effective date of the regulations 
        promulgated pursuant to 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 subsection 
        3(b))](other than subsections (b), (d), and (e) 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, 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, and any person who knowingly violates 
        [section 3(d)]subsection (d) or (e) of section 3, or 
        $10,000, whichever is less.

           *       *       *       *       *       *       *

  (b) Hearings.--* * *

           *       *       *       *       *       *       *

  (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 subsection 
                3(b))](other than subsections (b), (d), and (e) 
                of section 3), or
                  (B) violates any provision of this Act 
                [(other than subsection 3(b))](other than 
                subsections (b), (d), and (e) 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 
        subsection 3(b))](other than subsections (b), (d), and 
        (e) 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 [section 
        3(d)]subsection (d) or (e) of section 3--

           *       *       *       *       *       *       *


CAPTIVE WILDLIFE SAFETY ACT

           *       *       *       *       *       *       *



SECTION 1. SHORT TITLE.

           *       *       *       *       *       *       *


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)).]

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