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HR 80 EH

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;

`(C) does not apply to a person transporting a nonhuman primate solely for the purpose of assisting an individual who is permanently disabled with a severe mobility impairment, if--

`(i) the nonhuman primate is a single animal of the genus Cebus;

`(ii) the nonhuman primate was obtained from, and trained at, a licensed nonprofit organization described in section 501(c)(3) of the Internal Revenue Code of 1986 the nonprofit tax status of which was obtained--

`(I) before July 18, 2008; and

`(II) on the basis that the mission of the organization is to improve the quality of life of severely mobility-impaired individuals;

`(iii) 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, or to or from a licensed foster care home providing specialty training of the nonhuman primate solely for purposes of assisting an individual who is permanently disabled with severe mobility impairment;

`(iv) 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);

`(v) the nonhuman primate is transported in a secure enclosure that is appropriate for that species;

`(vi) 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

`(vii) the transportation of the nonhuman primate is in compliance with--

`(I) all applicable State and local restrictions regarding the transport; and

`(II) all applicable State and local requirements regarding permits or health certificates; 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)'; and

(F) in paragraph (6) (as redesignated by subparagraph (A))--

(i) by striking `subsection (a)(2)(C)' and inserting `this subsection'; and

(ii) by striking `2004 through 2008' and inserting `2010 through 2014'.

(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)'.

(d) Effective Date; Regulations-

(1) EFFECTIVE DATE- Subsections (a) through (c) shall take effect on the earlier of--

(A) the date of the issuance of regulations under paragraph (2); or

(B) the expiration of the period referred to in paragraph (2).

(2) REGULATIONS- The Secretary of the Interior shall issue regulations implementing the amendments made by this section by not later than the end of the 180-day period beginning on the date of the enactment of this Act.

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. AUTHORIZATIONS 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 2010 to hire additional law enforcement personnel of the United States Fish and Wildlife Service to enforce that Act.

Passed the House of Representatives February 24, 2009.

Attest:

Clerk.

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.