[Senate Report 113-308]
[From the U.S. Government Publishing Office]
Calendar No. 650
113th Congress Report
SENATE
2d Session 113-308
======================================================================
CAPTIVE PRIMATE SAFETY ACT
_______
December 11, 2014.--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. 1463]
[Including cost estimate of the Congressional Budget Office]
The Committee on Environment and Public Works, to which was
referred a bill (S. 1463) to amend the Lacey Act Amendments of
1981 to prohibit the importation, exportation, transportation,
sale, receipt, acquisition, and purchase in interstate or
foreign commerce, or in a manner substantially affecting
interstate or foreign commerce, of any live animal of any
prohibited wildlife species, and for other purposes, having
considered the same, reports favorably thereon without
amendment and recommends that the bill 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. They can inflict serious
harm.
According to the Humane Society of the United States more
than 275 people in 43 states have been injured by captive
primates since 1990, with more incidents likely but unreported.
On February 16, 2009, a much publicized chimpanzee attack of a
Connecticut woman left her blind for life without her hands,
nose, lips and eyelids. The attack required a face transplant.
Many 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. If a nonhuman primate becomes too
difficult to handle for the pet owner, there are few options
for caring for them. Nonhuman primates purchased in the
interstate pet trade can ultimately face abandonment,
euthanasia, or a lifetime of containment in unsatisfactory
conditions.
Further, nonhuman primates are a possible source of
infectious agents that pose a threat to humans, due to their
genetic, physiologic and social similarities. The following
zoonotic disease threats are known to originate in primates:
Herpes B, monkeypox, Simian Immunodeficiency Virus (SIV),
tuberculosis, yellow fever, and the Ebola virus. Not only do
nonhuman primates pose significant risk of viral and bacterial
disease transmission, but they also share fungal and parasitic
diseases with humans, such as streptothricosis (a skin
infection), ringworm, nematodes and arthropods (lice, mites and
fleas).
Because of the serious health risk, importing nonhuman
primates to the United States for the pet trade has been banned
by federal regulation since 1975. In addition, many states
already prohibit having these animals as pets. Still, there is
a vigorous trade in these animals. Estimates are that 15,000
nonhuman primates are in private hands. As the trade is largely
unregulated, the number may actually be much higher. Because
many of these animals move in interstate commerce, federal
legislation is needed.
S. 1463 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.
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. 1463 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. 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, there is concern 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, S.
1463 includes technical corrections to ensure that the original
intent of the legislation is achieved.
Objectives of the Legislation
S.1463 amends 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.
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 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)) and clarifies application of these prohibitions to
certain entities and activities. This section limits the
application of the prohibitions in the Act when persons are
carrying out certain activities outlined in the Act,
including--persons transporting a nonhuman primate to a
veterinarian; persons transporting a nonhuman primate to a
legally designated caregiver following death of the preceding
owner; and persons transporting a nonhuman primate solely for
the purpose of assisting an individual who is permanently
disabled with a severe mobility impairment, if certain
conditions are met.
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).
Sec. 5. Regulations
This section amends section 7(a) of the Lacey Act Amendment
of 1981 (16 U.S.C. 3376(a)) to direct the Secretary of the
Interior, in consultation with other relevant federal and state
agencies, to issue regulations to implement the Captive
Wildlife Safety Act.
Legislative History
In the 109th Congress, similar legislation, S. 1509, was
introduced by Senator James Jeffords. S. 1509 was reported by
the Senate Environment and Public Works Committee on June 19,
2006, and passed the Senate without amendment by Unanimous
Consent on July 11, 2006. In the 110th Congress, similar
legislation was introduced by Senator Barbara Boxer, S. 1498.
S. 1498 was ordered to be reported by the Senate Environment
and Public Works Committee with an amendment favorably on July
31, 2007.
On January 6, 2009, in the 111th Congress, Rep. Earl
Blumenauer [D-OR] introduced H.R. 80. Companion legislation was
introduced by Senator Barbara Boxer on February 24, 2009. The
bill passed the House of Representatives on February 24, 2009
and was received, read twice and referred to the Senate
Committee on Environment and Public Works on March 13, 2009.
The Committee met on May 14, 2009, and ordered H.R. 80 to be
reported favorably by voice vote.
In the 112th Congress, Senator Barbara Boxer along with
Senators Vitter and Blumenthal introduced S. 1324 on July 5,
2011. The Committee met on June 21, 2012 ordered S. 1324 to be
reported favorably.
On July 30, 2014, the Committee met to consider S. 1463 in
the current Congress. The bill was ordered favorably reported.
Rollcall Votes
There were no roll call votes. The measure was approved by
the Committee on Environment and Public Works by voice vote on
July 30, 2014, with Senators Boozman, Crapo, Fischer, and
Inhofe recorded as ``No''.
Regulatory Impact Statement
In compliance with section 11(b) of rule XXVI of the
Standing Rules of the Senate, the Committee finds that S. 1463
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 notes that the Congressional
Budget Office has found, ``S. 1463 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. 1463 would impose a private-
sector mandate, as defined in UMRA, by expanding the definition
of a prohibited wildlife species in the Lacey Act to include
nonhuman primates . . . the aggregate cost of the mandates in
the bill would fall below the annual threshold established in
UMRA for private-sector mandates ($152 million in 2014,
adjusted annually for inflation).''
Congressional Budget Office Cost Estimate
September 3, 2014.
Hon. Barbara Boxer,
Chairman, Committee on Environment and Public Works,
U.S. Senate, Washington, DC.
Dear Madam Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for S. 1463, the Captive
Primate Safety Act.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Jeff LaFave.
Sincerely,
Douglas W. Elmendorf.
Enclosure.
S. 1463--Captive Primate Safety Act
S. 1463 would amend the Lacey Act to prohibit interstate
and foreign trade of nonhuman primates. The Lacey Act prohibits
trade in wildlife, fish, and plants that have been illegally
taken, transported, or sold. Because the Lacey Act is enforced
under current law and the bill makes only slight modifications
to that act, CBO estimates that implementing the bill would
have no significant effect on the federal budget. The
legislation could increase revenues and associated direct
spending; therefore, pay-as-you-go procedures apply. However,
CBO estimates that any such changes would be insignificant.
Because violators of the proposed prohibition on interstate
and foreign trade of nonhuman primates would be subject to
criminal and civil penalties, enacting S. 1463 could increase
revenues from civil and criminal fines. Based on information
obtained from the U.S. Fish and Wildlife Service (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).
S. 1463 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. 1463 would impose a private-sector mandate, as defined
in UMRA, by expanding the definition of a prohibited wildlife
species in the Lacey Act to include nonhuman primates. Several
groups are exempted from the prohibition, including entities
that are licensed or registered by a federal agency. The bill
would amend that exemption so that only federally licensed
entities that do not allow direct contact between a member of
the public and a prohibited wildlife species would be eligible.
The bill also would remove state-licensed wildlife
rehabilitators from the list of entities exempted from the
prohibition in the Lacey Act. Finally, the bill would authorize
people to transport nonhuman primates in some circumstances if
they comply with the requirements for transport specified in
the bill.
The bill would primarily affect dealers of nonhuman
primates that sell to the public by prohibiting those entities
from selling or transporting nonhuman primates across state
lines. Based on information from private organizations, CBO
estimates that the cost of the mandate on dealers--the net loss
of income--would be small. The costs to others who would be
affected by the prohibition also would be small. Consequently,
the aggregate cost of the mandates in the bill would fall below
the annual threshold established in UMRA for private-sector
mandates ($152 million in 2014, adjusted annually for
inflation).
The CBO staff contacts for this estimate are Jeff LaFave
(for federal costs) and Amy Petz (for the private-sector
impact). The estimate was approved by Theresa Gullo, Deputy
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:
* * * * * * *
SEC. 2. [16 U.S.C. 3371] DEFINITIONS.
For purposes of this Act:
(a) The term ``fish or wildlife'' means any wild animal,
whether alive or dead, including without limitation any wild
mammal, bird, reptile, amphibian, fish, mollusk, crustacean,
arthropod, coelenterate, or other invertebrate, whether or not
bred, hatched, or born in captivity, and includes any part,
product, egg, or offspring thereof.
(b) * * *
* * * * * * *
(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. [16 U.S.C. 3372] 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--
(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) the theft of plants;
(II) the taking of plants
from a park, forest reserve, or
other officially protected
area;
(III) the taking of plants
from an officially designated
area; or
(IV) the taking of plants
without, or contrary to,
required authorization;
(ii) taken, possessed, transported,
or sold without the payment of
appropriate royalties, taxes, or
stumpage fees required for the plant by
any law or regulation of any State or
any foreign law; or
(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));]
(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--
(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) the theft of plants;
(II) the taking of plants
from a park, forest reserve, or
other officially protected
area;
(III) the taking of plants
from an officially designated
area; or
(IV) the taking of plants
without, or contrary to,
required authorization;
(ii) taken, possessed, transported,
or sold without the payment of
appropriate royalties, taxes, or
stumpage fees required for the plant by
any law or regulation of any State or
any foreign law; or
(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
(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
to importation, exportation, transportation, sale,
receipt, acquisition, or purchase of an animal of a
prohibited wildlife species, by a person that, under
regulations prescribed under paragraph (3), is
described in paragraph (2) with respect to that
species.]
(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, or in a
manner substantially affecting interstate or foreign
commerce, any live animal of any prohibited wildlife
species.
[(2) Persons described.--A person is described in
this paragraph, if the person--]
(2) Limitation on application.--Paragraph (1) does
not apply to any person who--.
(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 and does not allow
direct contact between the public and
prohibited wildlife 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[.];or
(3) 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).
(4) State authority.--Nothing in this subsection
preempts or supersedes the authority of a State to
regulate wildlife species within that State.
(5) Authorization of appropriations.--There is
authorized to be appropriated to carry out subsection
(a)(2)(C)
(E) is 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 that
before July 18, 2008 was exempt from
taxation under section 501(a) of the
Internal Revenue Code of 1986 and
described in sections 501(c)(3) and
170(b)(1)(A)(vi) of such Code 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;
(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.
* * * * * * *
SEC. 4. [16 U.S.C. 3373] 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.
(2) Any person who violates subsection (b) or (f) of
section 3, except as provided in paragraph (1), may be
assessed a civil penalty by the Secretary of not more
than $250.
* * * * * * *
(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) shall be fined under title 18, United
States Code, or imprisoned for not more than 5
years, or both, if the offense involves--
(i) the importation or exportation of
fish or wildlife or plants; or
(ii) the sale or purchase, offer of
sale or purchase, or commission of an
act with intent to sell or purchase
fish or wildlife or plants with a
market value greater than $350; and
* * * * * * *
SEC. 7. [16 U.S.C. 3376] ADMINISTRATION.
(a) Regulations.--
(1) The Secretary, after consultation with the
Secretary of the Treasury, is authorized to issue such
regulations, except as provided in paragraph (2), as
may be necessary to carry out the provisions of
sections 3(f), 4, and 5 of this Act.
(2) The Secretaries of the Interior and Commerce
shall jointly promulgate specific regulations to
implement the provisions of subsection 3(b) and of this
Act for the marking and labeling of containers or
packages containing fish or wildlife. These regulations
shall be in accordance with existing commercial
practices.
* * * * * * *
(3) The Secretary shall, in consultation with other
relevant Federal and State agencies, promulgate
regulations to implement section 3(e).
* * * * * * *
[PUBLIC LAW 108-191--DEC. 19, 2003, 117 Stat. 2781]
SEC 1. SHORT TITLE.
This Act may be cited as the ``Captive Wildlife Safety
Act''.
SEC. 2. DEFINITION OF PROHIBITED WILDLIFE SPECIES.
SEC. 3. PROHIBITED ACTS.
[(a) In General.--Section 3] Section 3 of the Lacey Act
Amendments of 1981
* * * * * * *
[(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)).]