[Congressional Bills 110th Congress]
[From the U.S. Government Printing Office]
[H.R. 2964 Placed on Calendar Senate (PCS)]
Calendar No. 928
110th CONGRESS
2d Session
H. R. 2964
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
June 19, 2008
Received
August 1, 2008
Read twice and placed on the calendar
_______________________________________________________________________
AN ACT
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.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Captive Primate Safety Act''.
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''.
SEC. 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; and
``(C) 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)''.
SEC. 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).
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:
``(3) The Secretary shall, in consultation with other
relevant Federal and State agencies, issue regulations to
implement section 3(e).''.
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.
Passed the House of Representatives June 17, 2008.
Attest:
LORRAINE C. MILLER,
Clerk.
Calendar No. 928
110th CONGRESS
2d Session
H. R. 2964
_______________________________________________________________________
AN ACT
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.
_______________________________________________________________________
August 1, 2008
Read twice and placed on the calendar