HR 6505 IHCommentsClose CommentsPermalink

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.CommentsClose CommentsPermalink

July 15, 2008CommentsClose CommentsPermalink

Mr. YOUNG of Alaska introduced the following bill; which was referred to the Committee on Natural ResourcesCommentsClose CommentsPermalink

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.CommentsClose CommentsPermalink

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,CommentsClose CommentsPermalink

SECTION 1. SHORT TITLE.

This Act may be cited as the ‘Captive Primate Safety and Disabled Human Assistance Act’.CommentsClose CommentsPermalink

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’.CommentsClose CommentsPermalink

SEC. 3. CAPTIVE WILDLIFE AMENDMENTS.

(a) Prohibited Acts- Section 3 of the Lacey Act Amendments of 1981 (16 U.S.C. 3372) is amended--CommentsClose CommentsPermalink





(1) in subsection (a)--CommentsClose CommentsPermalink





(A) in paragraph (2)--CommentsClose CommentsPermalink





(i) in subparagraph (A), by inserting ‘or’ after the semicolon;CommentsClose CommentsPermalink





(ii) in subparagraph (B)(iii), by striking ‘; or’ and inserting a semicolon; andCommentsClose CommentsPermalink





(iii) by striking subparagraph (C); andCommentsClose CommentsPermalink





(B) in paragraph (4), by inserting ‘or subsection (e)’ before the period; andCommentsClose CommentsPermalink





(2) in subsection (e)--CommentsClose CommentsPermalink





(A) by redesignating paragraphs (2), (3), (4), and (5) as paragraphs (3), (4), (5), and (6) respectively;CommentsClose CommentsPermalink





(B) by striking ‘(e)’ and all that follows through ‘Subsection (a)(2)(C) does not apply’ in paragraph (1) and inserting the following:CommentsClose CommentsPermalink





‘(e) Captive Wildlife Offense-CommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





‘(2) LIMITATION ON APPLICATION- This subsection--CommentsClose CommentsPermalink





‘(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--CommentsClose CommentsPermalink





‘(i) the person transporting the nonhuman primate carries written documentation issued by the veterinarian, including the appointment date and location;CommentsClose CommentsPermalink





‘(ii) the nonhuman primate is transported in a secure enclosure appropriate for that species of primate;CommentsClose CommentsPermalink





‘(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; andCommentsClose CommentsPermalink





‘(iv) such transportation and provision of veterinary care is in accordance with all otherwise applicable State and local laws, regulations, permits, and health certificates;CommentsClose CommentsPermalink





‘(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--CommentsClose CommentsPermalink





‘(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;CommentsClose CommentsPermalink





‘(ii) the nonhuman primate is transported in a secure enclosure appropriate for the species;CommentsClose CommentsPermalink





‘(iii) the nonhuman primate has no contact with any other animals or members of the public while being transported to the legally designated caregiver; andCommentsClose CommentsPermalink





‘(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;CommentsClose CommentsPermalink





‘(C) does not apply to a person that--CommentsClose CommentsPermalink





‘(i) is described in subsection (c)(3) of section 501 of the Internal Revenue Code of 1986 and exempt from tax under subsection (a) of such section;CommentsClose CommentsPermalink





‘(ii) was incorporated under the laws of the State of New York in 1982; andCommentsClose CommentsPermalink





‘(iii) provides service capuchin monkeys to permanently disabled individuals who are licensed by or secure permits from a State or locality to maintain such nonhuman primates in their residence, for the sole purpose of assisting such individuals to live independently; andCommentsClose CommentsPermalink





‘(D) does not apply’;CommentsClose CommentsPermalink





(C) in paragraph (2) (as redesignated by subparagraph (A))--CommentsClose CommentsPermalink





(i) by striking ‘a’ before ‘prohibited’ and inserting ‘any’;CommentsClose CommentsPermalink





(ii) by striking ‘(3)’ and inserting ‘(4)’; andCommentsClose CommentsPermalink





(iii) by striking ‘(2)’ and inserting ‘(3)’;CommentsClose CommentsPermalink





(D) in paragraph (3) (as redesignated by subparagraph (A))--CommentsClose CommentsPermalink





(i) in subparagraph (C)--CommentsClose CommentsPermalink





(I) in clauses (ii) and (iii), by striking ‘animals listed in section 2(g)’ each place it appears and inserting ‘prohibited wildlife species’; andCommentsClose CommentsPermalink





(II) in clause (iv), by striking ‘animals’ and inserting ‘prohibited wildlife species’; andCommentsClose CommentsPermalink





(ii) in subparagraph (D), by striking ‘animal’ each place it appears and inserting ‘prohibited wildlife species’;CommentsClose CommentsPermalink





(E) in paragraph (4) (as redesignated by subparagraph (A)), by striking ‘(2)’ and inserting ‘(3)’;CommentsClose CommentsPermalink





(F) in paragraph (6) (as redesignated by subparagraph (A)), by striking ‘subsection (a)(2)(C)’ and inserting ‘this subsection’; andCommentsClose CommentsPermalink





(G) by inserting after paragraph (6) (as redesignated by subparagraph (A)) the following:CommentsClose CommentsPermalink





‘(7) APPLICATION- This subsection shall apply beginning on the effective date of regulations promulgated under this subsection.’.CommentsClose CommentsPermalink





(b) Civil Penalties- Section 4(a) of the Lacey Act Amendments of 1981 (16 U.S.C. 3373(a)) is amended--CommentsClose CommentsPermalink





(1) in paragraph (1), by inserting ‘(e),’ after ‘subsections (b), (d),’ ; andCommentsClose CommentsPermalink





(2) in paragraph (1), by inserting ‘, (e),’ after ‘subsection (d)’.CommentsClose CommentsPermalink





(c) Criminal Penalties- Section 4(d) of the Lacey Act Amendments of 1981 (16 U.S.C. 3373(d)) is amended--CommentsClose CommentsPermalink





(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; andCommentsClose CommentsPermalink





(2) in paragraph (3), by inserting ‘, (e),’ after ‘subsection (d)’.CommentsClose CommentsPermalink

SEC. 4. APPLICABILITY PROVISION AMENDMENT.

Section 3 of the Captive Wildlife Safety Act (117 Stat. 2871; Public Law 108-191) is amended--CommentsClose CommentsPermalink





(1) in subsection (a), by striking ‘(a) In General- Section 3’ and inserting ‘Section 3’; andCommentsClose CommentsPermalink





(2) by striking subsection (b).CommentsClose CommentsPermalink

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:CommentsClose CommentsPermalink





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

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.CommentsClose CommentsPermalink