II
Calendar No. 455
110th CONGRESS
1st Session
S. 1498
[Report No. 110–210]
IN THE SENATE OF THE UNITED STATES
May 24, 2007
Mrs. Boxer (for herself, Mr. Vitter, Mr. Lieberman, Mr. Lautenberg, Mr. Menendez, and Mr. Ensign) introduced the following bill; which was read twice and referred to the Committee on Environment and Public Works
October 29, 2007
Reported by Mrs. Boxer, with amendments
Omit the part struck through and insert the part printed in italic
A BILL
To amend the Lacey Act Amendments of 1981 to prohibit the import, export, transportation, sale, receipt, acquisition, or purchase in interstate or foreign commerce of any live animal of any prohibited wildlife species, and for other purposes.
Short title
This Act may be cited as the
Captive Primate Safety
Act
.
Addition of nonhuman primates to the 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 , or any nonhuman
primate
before the period at the end.
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), 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 redesignating paragraphs (2) through (5) as paragraphs (3) through (6) respectively;
by striking
(e)
and all that follows through does not apply
in 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 any live animal of any prohibited wildlife species.
Nonapplicability
This subsection does not apply
;
in paragraph (2) (as redesignated by subparagraph (A))—
by
striking a prohibited
and inserting any
prohibited
; and
by
striking paragraph (3), is described in paragraph (2)
and
inserting paragraph (4), is described in paragraph (3)
;
in paragraph (3) (as redesignated by subparagraph (A))—
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
; and
in clause (iv),
by striking animals
and inserting prohibited wildlife
species
; and
in
subparagraph (D), by striking animal
each place it appears and
inserting prohibited wildlife species
;
in paragraph (4)
(as redesignated by subparagraph (A)), by striking paragraph (2)
and inserting paragraph (3)
;
in paragraph (6)
(as redesignated by subparagraph (A)), by striking subsection
(a)(2)(C)
and inserting this section
; and
by adding at the end the following:
Application
This subsection shall apply beginning on the effective date of the regulations promulgated pursuant to this subsection.
.
Civil penalties
Section 4(a)(1) of the Lacey Act Amendments of 1981 (16 U.S.C. 3373(a)(1)) is amended—
by striking (other
than subsection 3(b))
and inserting (other than subsections (b),
(d), and (e) of section 3)
; and
by striking
section 3(d)
and inserting subsection (d) or (e) of
section 3
.
Criminal
Penalties
Section 4(d) of
the
Criminal penalties
Section 4(d) of the Lacey Act Amendments of 1981 (16 U.S.C. 3373(d)) is amended—
in paragraphs (1)
and (2), by striking (other than subsection 3(b))
each place it
appears and inserting (other than subsections (b), (d), and (e) of
section 3)
; and
in paragraph (3),
by striking section 3(d)
and inserting subsection (d) or
(e) of section 3
.
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 the subsection designation and heading and all that follows
through Section 3
and inserting Section 3
;
and
by striking subsection (b).
October 29, 2007
Reported with amendments