S 462 ISCommentsClose CommentsPermalink

To amend the Lacey Act Amendments of 1981 to prohibit the importation, exportation, transportation, and sale, receipt, acquisition, or purchase in interstate or foreign commerce, of any live animal of any prohibited wildlife species, and for other purposes.CommentsClose CommentsPermalink

February 24, 2009CommentsClose CommentsPermalink

Mrs. BOXER (for herself and Mr. VITTER) introduced the following bill; which was read twice and referred to the Committee on Environment and Public WorksCommentsClose CommentsPermalink

To amend the Lacey Act Amendments of 1981 to prohibit the importation, exportation, transportation, and sale, receipt, acquisition, or purchase in interstate or foreign commerce, of any live animal of any prohibited wildlife species, and for other purposes.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 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 transporting a nonhuman primate solely for the purpose of assisting an individual who is permanently disabled with a severe mobility impairment, if--CommentsClose CommentsPermalink





‘(i) the nonhuman primate is a single animal of the genus Cebus;CommentsClose CommentsPermalink





‘(ii) the nonhuman primate was obtained from, and trained at, a licensed nonprofit organization described in section 501(c)(3) of the Internal Revenue Code of 1986 the nonprofit tax status of which was obtained--CommentsClose CommentsPermalink





‘(I) before July 18, 2008; andCommentsClose CommentsPermalink





‘(II) on the basis that the mission of the organization is to improve the quality of life of severely mobility-impaired individuals;CommentsClose CommentsPermalink





‘(iii) the person transporting the nonhuman primate is a specially trained employee or agent of a nonprofit organization described in clause (ii) that is transporting the nonhuman primate to or from a designated individual who is permanently disabled with a severe mobility impairment, or to or from a licensed foster care home providing specialty training of the nonhuman primate solely for purposes of assisting an individual who is permanently disabled with severe mobility impairment;CommentsClose CommentsPermalink





‘(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);CommentsClose CommentsPermalink





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





‘(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); andCommentsClose CommentsPermalink





‘(vii) the transportation of the nonhuman primate is in compliance with--CommentsClose CommentsPermalink





‘(I) all applicable State and local restrictions regarding the transport; andCommentsClose CommentsPermalink





‘(II) all applicable State and local requirements regarding permits or health certificates; 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)’; andCommentsClose CommentsPermalink





(F) in paragraph (6) (as redesignated by subparagraph (A))--CommentsClose CommentsPermalink





(i) by striking ‘subsection (a)(2)(C)’ and inserting ‘this subsection’; andCommentsClose CommentsPermalink





(ii) by striking ‘2004 through 2008’ and inserting ‘2010 through 2014’.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





(d) Effective Date; Regulations-CommentsClose CommentsPermalink





(1) EFFECTIVE DATE- Subsections (a) through (c), and the amendments made by those subsections, shall take effect on the earlier of--CommentsClose CommentsPermalink





(A) the date of promulgation of regulations under paragraph (2); andCommentsClose CommentsPermalink





(B) the expiration of the period referred to in paragraph (2).CommentsClose CommentsPermalink





(2) REGULATIONS- Not later than 180 days after the date of enactment of this Act, the Secretary of the Interior shall promulgate regulations implementing the amendments made by this section.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:CommentsClose CommentsPermalink





‘(3) The Secretary shall, in consultation with other relevant Federal and State agencies, promulgate 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 be appropriated to carry out the Lacey Act Amendments of 1981 (16 U.S.C. 3371 et seq.), there is authorized to be appropriated to the Secretary of the Interior, for use in hiring additional law enforcement personnel of the United States Fish and Wildlife Service to enforce that Act, $5,000,000 for fiscal year 2010.CommentsClose CommentsPermalink