II
Calendar No. 650
113th CONGRESS
2d Session
S. 1463
[Report No. 113–308]
IN THE SENATE OF THE UNITED STATES
August 1, 2013
Mrs. Boxer (for herself, Mr. Vitter, Mr. Sanders, Mr. Blumenthal, Mr. Murphy, Mr. Menendez, Mr. Markey, Ms. Landrieu, Ms. Mikulski, Mrs. Feinstein, Mr. Whitehouse, Mr. Reed, Ms. Collins, Mrs. Gillibrand, Mr. Merkley, Mr. Wyden, Mr. Leahy, Mr. Kirk, Mrs. Shaheen, Ms. Warren, Ms. Cantwell, Mr. Booker, Mr. Bennet, Mrs. McCaskill, and Mr. Cardin) introduced the following bill; which was read twice and referred to the Committee on Environment and Public Works
December 11, 2014
Reported by Mrs. Boxer, without amendment
A BILL
To amend the Lacey Act Amendments of 1981 to prohibit 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.
Short title
This Act may be cited as the
Captive Primate Safety
Act
.
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
.
Captive wildlife amendments
Prohibited acts
Section 3 of the Lacey Act Amendments of 1981 (16 U.S.C. 3372) is amended—
in subsection (a)—
in paragraph (2)—
in subparagraph (A), by inserting
or
after the semicolon;
in subparagraph (B)(iii), by striking
; or
and inserting a semicolon; and
by striking subparagraph (C); and
in paragraph (4), by inserting or
subsection (e)
before the period; and
in subsection (e)—
by striking (e)
and all that
follows through paragraph (1) and inserting the following:
Captive Wildlife Offense
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.
; and
in paragraph (2)—
by striking so much as precedes subparagraph (A) and inserting the following:
Limitation on application
Paragraph (1) does not apply to any person who—
.
in
subparagraph (A), by inserting before the semicolon at the end and does
not allow direct contact between the public and prohibited wildlife
species
;
in
subparagraph (B), by striking State-licensed wildlife
rehabilitator,
;
in subparagraph (C)—
in clauses (ii) and (iii), by striking
animals listed in section 2(g)
each place it appears and
inserting prohibited wildlife species
;
in clause (iv), by striking
animals
and inserting prohibited wildlife
species
; and
by striking
or
after the semicolon at the end;
in subparagraph (D)—
by striking
animal
each place it appears and inserting prohibited
wildlife species
; and
by striking the
period at the end and inserting ; or
; and
by adding at the end the following:
is transporting a nonhuman primate solely for the purpose of assisting an individual who is permanently disabled with a severe mobility impairment, if—
the nonhuman primate is a single animal of the genus Cebus;
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;
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;
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);
the nonhuman primate is transported in a secure enclosure that is appropriate for that species;
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
the transportation of the nonhuman primate is in compliance with—
all applicable State and local restrictions regarding the transport; and
all applicable State and local requirements regarding permits or health certificates.
.
Civil Penalties
Section 4(a) of the Lacey Act Amendments of 1981 (16 U.S.C. 3373(a)) is amended—
in paragraph (1), by inserting
(e),
after subsections (b), (d),
; and
in paragraph (1), by inserting ,
(e),
after subsection (d)
.
Criminal Penalties
Section 4(d) of the Lacey Act Amendments of 1981 (16 U.S.C. 3373(d)) is amended—
in subparagraphs (A) and (B) of paragraph
(1) and in the first sentence of paragraph (2), by inserting
(e),
after subsections (b), (d),
each place it
appears; and
in paragraph (3), by inserting ,
(e),
after subsection (d)
.
Effective date; regulations
Effective date
Subsections (a) through (c), and the amendments made by those subsections, shall take effect on the earlier of—
the date of promulgation of regulations under paragraph (2); and
the expiration of the period referred to in paragraph (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.
Applicability provision amendment
Section 3 of the Captive Wildlife Safety Act (117 Stat. 2871; Public Law 108–191) is amended—
in subsection (a), by striking (a)
In
general.—Section 3
and inserting Section
3
; and
by striking subsection (b).
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:
The Secretary shall, in consultation with other relevant Federal and State agencies, promulgate regulations to implement section 3(e).
.
December 11, 2014
Reported without amendment
