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Captive Primate Safety Act

S. 2562 · 116th Congress · Sep 26, 2019 · Lineage

A BILL

To amend the Lacey Act Amendments of 1981 to prohibit the 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.

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—
(1)
by striking “means any live species” and inserting the following: “means any live—

“(1) species”

(2)
by striking “cougar or any hybrid of such species.” and inserting the following: “cougar;

“(2) hybrid of a species described in paragraph (1); or

“(3) 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 adding “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 striking the subsection designation and heading and all that follows through the period at the end of paragraph (1) and inserting the following:

“(e) Captive wildlife offense

“(1) In general—Except as provided in paragraph (2), 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.”

(B)
in paragraph (2)—
(i)
by striking the paragraph designation and heading and all that follows through “person—” in the matter preceding subparagraph (A) and inserting the following:

“(2) Limitation on application—Paragraph (1) does not apply to any person that—”

(ii)
in subparagraph (A)—
(I)
by striking “(A) is licensed” and inserting “(A)(i) is licensed”; and
(II)
in clause (i) (as so designated), by striking “species;” and inserting the following: “species; and

“(ii) does not allow direct contact between any member of the public and a live bear, tiger, lion, jaguar, cougar, African leopard, snow leopard, ape, gibbon, siamang, monkey, or loris, regardless of the age of the live animal;”

(iii)
in subparagraph (B), by striking “, State-licensed wildlife rehabilitator,”;
(iv)
in subparagraph (C)—
(I)
by striking “an accredited” and inserting “a”;
(II)
in clause (ii), by striking “such animals” and inserting “a prohibited wildlife species”;
(III)
in clauses (ii) and (iii), by striking “animals listed in section 2(g)” each place it appears and inserting “any prohibited wildlife species”; and
(IV)
in clause (iv), by striking “animals” and inserting “a prohibited wildlife species”; and
(v)
in subparagraph (D), by striking “animal” each place it appears and inserting “prohibited wildlife species”;
(C)
by striking paragraphs (3) and (5); and
(D)
by redesignating paragraph (4) as paragraph (3).
(b)
Civil penalties— Section 4(a)(1) of the Lacey Act Amendments of 1981 (16 U.S.C. 3373(a)(1)) is amended—
(1)
by inserting “(e),” after “subsections (b), (d),”; and
(2)
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 paragraph (1), in subparagraphs (A) and (B), by inserting “(e),” after “subsections (b), (d),” each place it appears;
(2)
in paragraph (2), by inserting “(e),” after “subsections (b), (d),”; and
(3)
in paragraph (3), by inserting “, (e),” after “subsection (d)” .
(d)
Effective date— Subsections (a) through (c), and the amendments made by those subsections, shall take effect on the earlier of—
(1)
the date of promulgation of regulations under paragraph (3) of section 7(a) of the Lacey Act Amendments of 1981 (16 U.S.C. 3376(a)) (as added by section 4); and
(2)
the expiration of the period described in that paragraph.

Sec. 4 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:

“(3) Not later than 180 days after the date of enactment of the Captive Primate Safety Act, the Secretary shall—

“(A) in consultation with other relevant Federal and State agencies, promulgate regulations to implement section 3(e) (as amended by section 3(a) of that Act, notwithstanding section 3(d) of that Act); and

“(B) promulgate regulations to implement any other amendments made by section 3 of that Act (notwithstanding section 3(d) of that Act).”