< Back to H.R. 6505 (110th Congress, 2007–2009)

Text of the Captive Primate Safety and Disabled Human Assistance Act

This bill was introduced on July 15, 2008, in a previous session of Congress, but was not enacted. The text of the bill below is as of Jul 15, 2008 (Introduced).

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Source: GPO

I

110th CONGRESS

2d Session

H. R. 6505

IN THE HOUSE OF REPRESENTATIVES

July 15, 2008

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 and Disabled Human Assistance 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 nonhuman 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)(iii), 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) does not apply 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)

Limitation on application

This subsection—

(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—

(i)

the person transporting the nonhuman primate carries written documentation issued by the veterinarian, including the appointment date and location;

(ii)

the nonhuman primate is transported in a secure enclosure appropriate for that species of primate;

(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; and

(iv)

such transportation and provision of veterinary care is in accordance with all otherwise applicable State and local laws, regulations, permits, and health certificates;

(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—

(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;

(ii)

the nonhuman primate is transported in a secure enclosure appropriate for the species;

(iii)

the nonhuman primate has no contact with any other animals or members of the public while being transported to the legally designated caregiver; and

(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;

(C)

does not apply to a person that—

(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;

(ii)

was incorporated under the laws of the State of New York in 1982; and

(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; and

(D)

does not apply

;

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

(2)

in paragraph (1), by inserting , (e), after subsection (d).

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

(2)

in paragraph (3), by inserting , (e), after subsection (d) .

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).

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:

(3)

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

.

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.