< Back to H.R. 2964 (110th Congress, 2007–2009)

Text of the Captive Primate Safety Act

This bill was introduced in a previous session of Congress and was passed by the House on June 17, 2008 but was never passed by the Senate. The text of the bill below is as of Jul 10, 2007 (Introduced).

This is not the latest text of this bill.

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Source: GPO

I

110th CONGRESS

1st Session

H. R. 2964

IN THE HOUSE OF REPRESENTATIVES

July 10, 2007

(for herself, Mr. Kirk, Mr. George Miller of California, Mr. Grijalva, Ms. Schakowsky, and Mr. Boswell) introduced the following bill; which was referred to the Committee on Natural Resources

A BILL

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.

1.

Short title

This Act may be cited as the Captive Primate Safety Act.

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 non-human primate.

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), 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) 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)

Nonapplicability

This subsection

;

(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 striking subsections (b) and (d) and inserting subsections (b), (d), and (e); and

(2)

in paragraph (1), by striking section 3(d) and inserting subsection (d) or (e) of section 3.

(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 striking subsections (b) and (d) each place it appears and inserting subsections (b), (d), and (e); and

(2)

in paragraph (3), by striking section 3(d) and inserting subsection (d) or (e) of section 3.

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).