49–010 

Calendar No. 650 

113TH CONGRESS REPORT " ! SENATE 2d Session 113–308 

CAPTIVE PRIMATE SAFETY ACT 

DECEMBER 11, 2014.—Ordered to be printed 

Mrs. BOXER, from the Committee on Environment and Public 

Works, submitted the following 

R E P O R T 

[To accompany S. 1463] 

[Including cost estimate of the Congressional Budget Office] 

The Committee on Environment and Public Works, to which was 

referred a bill (S. 1463) 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, and 

for other purposes, having considered the same, reports favorably 

thereon without amendment and recommends that the bill do pass. 

GENERAL STATEMENT AND BACKGROUND

Nonhuman primates kept as pets pose serious risks to public 

health and safety. These animals can be dangerous and can spread 

life-threatening diseases. They can inflict serious harm. 

According to the Humane Society of the United States more than 

275 people in 43 states have been injured by captive primates since 

1990, with more incidents likely but unreported. On February 16, 

2009, a much publicized chimpanzee attack of a Connecticut 

woman left her blind for life without her hands, nose, lips and eyelids. The attack required a face transplant. 

Many incidents occur when primates have contact with people 

other than their owners or trained caretakers. The probability of 

contact with strangers and untrained people increases during interstate transport. If a nonhuman primate becomes too difficult to 

handle for the pet owner, there are few options for caring for them. 

Nonhuman primates purchased in the interstate pet trade can ultiVerDate Sep 11 2014 00:03 Dec 30, 2014 Jkt 049010 PO 00000 Frm 00001 Fmt 6659 Sfmt 6602 E:\HR\OC\SR308.XXX SR308

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mately face abandonment, euthanasia, or a lifetime of containment 

in unsatisfactory conditions. 

Further, nonhuman primates are a possible source of infectious 

agents that pose a threat to humans, due to their genetic, physiologic and social similarities. The following zoonotic disease threats 

are known to originate in primates: Herpes B, monkeypox, Simian 

Immunodeficiency Virus (SIV), tuberculosis, yellow fever, and the 

Ebola virus. Not only do nonhuman primates pose significant risk 

of viral and bacterial disease transmission, but they also share 

fungal and parasitic diseases with humans, such as streptothricosis 

(a skin infection), ringworm, nematodes and arthropods (lice, mites 

and fleas). 

Because of the serious health risk, importing nonhuman primates to the United States for the pet trade has been banned by 

federal regulation since 1975. In addition, many states already prohibit having these animals as pets. Still, there is a vigorous trade 

in these animals. Estimates are that 15,000 nonhuman primates 

are in private hands. As the trade is largely unregulated, the number may actually be much higher. Because many of these animals 

move in interstate commerce, federal legislation is needed. 

S. 1463 amends the Lacey Act by adding monkeys, apes, and 

other nonhuman primates to the list of animals that cannot be 

transported across state lines for the pet trade. It has no impact 

on trade or transportation of animals for zoos, research facilities, 

or other federally licensed and regulated entities. The bill is similar 

to the Captive Wildlife Safety Act, which Congress passed in 2003 

to ban interstate commerce in lions, tigers, and other big cats for 

the pet trade. 

S. 1463 also makes technical corrections to the Lacey Act Amendments of 1981 and the Captive Wildlife Safety Act (CWSA) in order 

to ensure that the CWSA provisions found in 16 U.S.C. 3372 are 

fully enforceable. Specifically, the Lacey Act’s civil and criminal 

wildlife trafficking prohibitions are built upon a two-part prohibition scheme. Each trafficking violation requires proof of two acts 

involving wildlife at issue. First, the wildlife must be taken, possessed, transported or sold by someone in violation of existing laws 

or treaties. Second, the wildlife must be imported, exported, transported, sold, received, acquired or purchased. Although it was not 

Congress’ intent, there is concern that the Act might be interpreted 

as providing that these two prohibited acts cannot be collapsed into 

one step or act committed by the defendant. Therefore, S. 1463 includes technical corrections to ensure that the original intent of the 

legislation is achieved. 

OBJECTIVES OF THE LEGISLATION

S.1463 amends 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. 

SECTION-BY-SECTION ANALYSIS

Section 1. Short title 

This section provides that this Act may be cited as the ‘‘Captive 

Primate Safety Act’’. 


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Sec. 2. Addition of nonhuman primates to the definition of prohibited wildlife species 

This section amends the Lacey Act by adding nonhuman primates to the list of animals that cannot be transported, sold, received, acquired or purchased in interstate or foreign commerce. 

Sec. 3. Captive wildlife amendments 

This section makes technical corrections to section 3 of the Lacey 

Act Amendments of 1981 (16 U.S.C. 3372, 3373(a) and 3373(d)) and 

clarifies application of these prohibitions to certain entities and activities. This section limits the application of the prohibitions in the 

Act when persons are carrying out certain activities outlined in the 

Act, including—persons transporting a nonhuman primate to a veterinarian; persons transporting a nonhuman primate to a legally 

designated caregiver following death of the preceding owner; and 

persons transporting a nonhuman primate solely for the purpose of 

assisting an individual who is permanently disabled with a severe 

mobility impairment, if certain conditions are met. 

Sec. 4. Applicability provision amendment 

This section makes technical corrections to section 3 of the Captive Wildlife Safety Act (117 Stat. 2871; Public Law 108–191). 

Sec. 5. Regulations 

This section amends section 7(a) of the Lacey Act Amendment of 

1981 (16 U.S.C. 3376(a)) to direct the Secretary of the Interior, in 

consultation with other relevant federal and state agencies, to issue 

regulations to implement the Captive Wildlife Safety Act. 

LEGISLATIVE HISTORY

In the 109th Congress, similar legislation, S. 1509, was introduced by Senator James Jeffords. S. 1509 was reported by the Senate Environment and Public Works Committee on June 19, 2006, 

and passed the Senate without amendment by Unanimous Consent 

on July 11, 2006. In the 110th Congress, similar legislation was introduced by Senator Barbara Boxer, S. 1498. S. 1498 was ordered 

to be reported by the Senate Environment and Public Works Committee with an amendment favorably on July 31, 2007. 

On January 6, 2009, in the 111th Congress, Rep. Earl Blumenauer [D–OR] introduced H.R. 80. Companion legislation was 

introduced by Senator Barbara Boxer on February 24, 2009. The 

bill passed the House of Representatives on February 24, 2009 and 

was received, read twice and referred to the Senate Committee on 

Environment and Public Works on March 13, 2009. The Committee 

met on May 14, 2009, and ordered H.R. 80 to be reported favorably 

by voice vote. 

In the 112th Congress, Senator Barbara Boxer along with Senators Vitter and Blumenthal introduced S. 1324 on July 5, 2011. 

The Committee met on June 21, 2012 ordered S. 1324 to be reported favorably. 

On July 30, 2014, the Committee met to consider S. 1463 in the 

current Congress. The bill was ordered favorably reported. 


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ROLLCALL VOTES

There were no roll call votes. The measure was approved by the 

Committee on Environment and Public Works by voice vote on July 

30, 2014, with Senators Boozman, Crapo, Fischer, and Inhofe recorded as ‘‘No’’. 

REGULATORY IMPACT STATEMENT

In compliance with section 11(b) of rule XXVI of the Standing 

Rules of the Senate, the Committee finds that S. 1463 does not create any additional regulatory burdens, nor will it cause any adverse impact on the personal privacy of individuals. 

MANDATES ASSESSMENT

In compliance with the Unfunded Mandates Reform Act of 1995 

(Public Law 104–4), the Committee notes that the Congressional 

Budget Office has found, ‘‘S. 1463 contains no intergovernmental 

mandates as defined in the Unfunded Mandates Reform Act 

(UMRA) and would not affect the budgets of state, local, or tribal 

governments. S. 1463 would impose a private-sector mandate, as 

defined in UMRA, by expanding the definition of a prohibited wildlife species in the Lacey Act to include nonhuman primates . . . 

the aggregate cost of the mandates in the bill would fall below the 

annual threshold established in UMRA for private-sector mandates 

($152 million in 2014, adjusted annually for inflation).’’ 

CONGRESSIONAL BUDGET OFFICE COST ESTIMATE

SEPTEMBER 3, 2014. 

Hon. BARBARA BOXER, 

Chairman, Committee on Environment and Public Works, 

U.S. Senate, Washington, DC. 

DEAR MADAM CHAIRMAN: The Congressional Budget Office has 

prepared the enclosed cost estimate for S. 1463, the Captive Primate Safety Act. 

If you wish further details on this estimate, we will be pleased 

to provide them. The CBO staff contact is Jeff LaFave. 

Sincerely, 

DOUGLAS W. ELMENDORF. 

Enclosure. 

S. 1463—Captive Primate Safety Act 

S. 1463 would amend the Lacey Act to prohibit interstate and 

foreign trade of nonhuman primates. The Lacey Act prohibits trade 

in wildlife, fish, and plants that have been illegally taken, transported, or sold. Because the Lacey Act is enforced under current 

law and the bill makes only slight modifications to that act, CBO 

estimates that implementing the bill would have no significant effect on the federal budget. The legislation could increase revenues 

and associated direct spending; therefore, pay-as-you-go procedures 

apply. However, CBO estimates that any such changes would be insignificant. 

Because violators of the proposed prohibition on interstate and 

foreign trade of nonhuman primates would be subject to criminal 


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and civil penalties, enacting S. 1463 could increase revenues from 

civil and criminal fines. Based on information obtained from the 

U.S. Fish and Wildlife Service (USFWS) about the relatively small 

number of violations likely to occur, CBO estimates that any such 

increase would be less than $500,000 annually. Moreover, such 

changes would be fully offset by increases in direct spending from 

the Crime Victims Fund (where criminal fines are deposited) or the 

resource management account of the USFWS (where civil fines are 

deposited and used for rewards to informers and for other program 

costs). 

S. 1463 contains no intergovernmental mandates as defined in 

the Unfunded Mandates Reform Act (UMRA) and would not affect 

the budgets of state, local, or tribal governments. 

S. 1463 would impose a private-sector mandate, as defined in 

UMRA, by expanding the definition of a prohibited wildlife species 

in the Lacey Act to include nonhuman primates. Several groups are 

exempted from the prohibition, including entities that are licensed 

or registered by a federal agency. The bill would amend that exemption so that only federally licensed entities that do not allow 

direct contact between a member of the public and a prohibited 

wildlife species would be eligible. The bill also would remove statelicensed wildlife rehabilitators from the list of entities exempted 

from the prohibition in the Lacey Act. Finally, the bill would authorize people to transport nonhuman primates in some circumstances if they comply with the requirements for transport 

specified in the bill. 

The bill would primarily affect dealers of nonhuman primates 

that sell to the public by prohibiting those entities from selling or 

transporting nonhuman primates across state lines. Based on information from private organizations, CBO estimates that the cost of 

the mandate on dealers—the net loss of income—would be small. 

The costs to others who would be affected by the prohibition also 

would be small. Consequently, the aggregate cost of the mandates 

in the bill would fall below the annual threshold established in 

UMRA for private-sector mandates ($152 million in 2014, adjusted 

annually for inflation). 

The CBO staff contacts for this estimate are Jeff LaFave (for federal costs) and Amy Petz (for the private-sector impact). The estimate was approved by Theresa Gullo, Deputy Assistant Director 

for Budget Analysis. 

CHANGES IN EXISTING LAW

In compliance with section 12 of rule XXVI of the Standing Rules 

of the Senate, changes in existing law made by the bill as reported 

are shown as follows: Existing law proposed to be omitted is enclosed in øblack brackets¿, new matter is printed in italic, existing 

law in which no change is proposed is shown in roman: 

* * * * * * * 

SEC. 2. ø16 U.S.C. 3371¿ DEFINITIONS. 

For purposes of this Act: 

(a) The term ‘‘fish or wildlife’’ means any wild animal, whether 

alive or dead, including without limitation any wild mammal, bird, 

reptile, amphibian, fish, mollusk, crustacean, arthropod, 

coelenterate, or other invertebrate, whether or not bred, hatched, 


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or born in captivity, and includes any part, product, egg, or offspring thereof. 

(b) * * * 

* * * * * * * 

(g) PROHIBITED WILDLIFE SPECIES.—The term ‘‘prohibited wildlife 

species’’ means any live species of lion, tiger, leopard, cheetah, jaguar, or cougar or any hybrid of such species or any nonhuman primate. 

* * * * * * * 

SEC. 3. ø16 U.S.C. 3372¿ PROHIBITED ACTS. 

(a) OFFENSES OTHER THAN MARKING OFFENSES.—It is unlawful for any person— 

(1) to import, export, transport, sell, receive, acquire, or purchase any fish or wildlife or plant taken, possessed, transported, or sold in violation of any law, treaty, or regulation of 

the United States or in violation of any Indian tribal law; 

(2) to import, export, transport, sell, receive, acquire, or purchase in interstate or foreign commerce— 

(A) any fish or wildlife taken, possessed, transported, or 

sold in violation of any law or regulation of any State or 

in violation of any foreign law; or 

(B) any plant— 

(i) taken, possessed, transported, or sold in violation 

of any law or regulation of any State, or any foreign 

law, that protects plants or that regulates— 

(I) the theft of plants; 

(II) the taking of plants from a park, forest reserve, or other officially protected area; 

(III) the taking of plants from an officially designated area; or 

(IV) the taking of plants without, or contrary to, 

required authorization; 

(ii) taken, possessed, transported, or sold without 

the payment of appropriate royalties, taxes, or stumpage fees required for the plant by any law or regulation of any State or any foreign law; or 

(iii) taken, possessed, transported, or sold in violation of any limitation under any law or regulation of 

any State, or under any foreign law, governing the export or transshipment of plants ø;or¿ ; 

ø(C) any prohibited wildlife species (subject to subsection 

(e));¿ 

(3) within the special maritime and territorial jurisdiction of 

the United States (as defined in section 7 of title 18, United 

States Code)— 

(A) to possess any fish or wildlife taken, possessed, 

transported, or sold in violation of any law or regulation 

of any State or in violation of any foreign law or Indian 

tribal law, or 

(B) to possess any plant— 

(i) taken, possessed, transported, or sold in violation 

of any law or regulation of any State, or any foreign 

law, that protects plants or that regulates— 

(I) the theft of plants; 


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(II) the taking of plants from a park, forest reserve, or other officially protected area; 

(III) the taking of plants from an officially designated area; or 

(IV) the taking of plants without, or contrary to, 

required authorization; 

(ii) taken, possessed, transported, or sold without 

the payment of appropriate royalties, taxes, or stumpage fees required for the plant by any law or regulation of any State or any foreign law; or 

(iii) taken, possessed, transported, or sold in violation of any limitation under any law or regulation of 

any State, or under any foreign law, governing the export or transshipment of plants; or 

(4) to attempt to commit any act described in paragraphs (1) 

through (3) or subsection (e). 

* * * * * * * 

ø(e) NONAPPLICABILITY OF PROHIBITED WILDLIFE SPECIES OF- FENSE.— 

(1) IN GENERAL.—Subsection (a)(2)(C) does not apply to importation, exportation, transportation, sale, receipt, acquisition, 

or purchase of an animal of a prohibited wildlife species, by a 

person that, under regulations prescribed under paragraph (3), 

is described in paragraph (2) with respect to that species.¿ 

(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, or in a manner substantially affecting 

interstate or foreign commerce, any live animal of any prohibited wildlife species. 

ø(2) PERSONS DESCRIBED.—A person is described in this 

paragraph, if the person—¿ 

(2) LIMITATION ON APPLICATION.—Paragraph (1) does not 

apply to any person who—. (A) is licensed or registered, and inspected, by the Animal and Plant Health Inspection Service or any other Federal agency with respect to that species and does not allow 

direct contact between the public and prohibited wildlife 

species; 

(B) is a State college, university, or agency, øState-licensed wildlife rehabilitator,¿ or State-licensed veterinarian; 

(C) is an accredited wildlife sanctuary that cares for prohibited wildlife species and— 

(i) is a corporation that is exempt from taxation 

under section 501(a) of the Internal Revenue Code 

1986 and described in sections 501(c)(3) and 

170(b)(1)(A)(vi) of such Code; 

(ii) does not commercially trade in øanimals listed in 

section 2(g)¿ prohibited wildlife species, including offspring, parts, and byproducts of such animals; 

(iii) does not propagate øanimals listed in section 

2(g)¿ prohibited wildlife species; and 

(iv) does not allow direct contact between the public 

and øanimals¿ prohibited wildlife species; øor¿ 


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(D) has custody of the øanimal¿ prohibited wildlife species solely for the purpose of expeditiously transporting the 

øanimal¿ prohibited wildlife species to a person described 

in this paragraph with respect to the speciesø.¿;or 

(3) REGULATIONS.—Not later than 180 days after the date of 

enactment of this subsection, the Secretary, in cooperation 

with the Director of the Animal and Plant Health Inspection 

Service, shall promulgate regulations describing the persons 

described in paragraph (2). 

(4) STATE AUTHORITY.—Nothing in this subsection preempts 

or supersedes the authority of a State to regulate wildlife species within that State. 

(5) AUTHORIZATION OF APPROPRIATIONS.—There is authorized 

to be appropriated to carry out subsection (a)(2)(C) 

(E) is 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 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; 

(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; 

(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. 

* * * * * * * 

SEC. 4. ø16 U.S.C. 3373¿ PENALTIES AND SANCTIONS. 

(a) CIVIL PENALTIES.— (1) Any person who engages in conduct prohibited by any 

provision of this Act (other than subsections (b), (d), (e), and (f) 

of section 3) and in the exercise of due care should know that 


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the fish or wildlife or plants were taken, possessed, transported, or sold in violation of, or in a manner unlawful under, 

any underlying law, treaty, or regulation, and any person who 

knowingly violates subsection (d), (e), or (f) of section 3, may 

be assessed a civil penalty by the Secretary of not more than 

$10,000 for each such violation: Provided, That when the violation involves fish or wildlife or plants with a market value of 

less than $350, and involves only the transportation, acquisition, or receipt of fish or wildlife or plants taken or possessed 

in violation of any law, treaty, or regulation of the United 

States, any Indian tribal law, any foreign law, or any law or 

regulation of any State, the penalty assessed shall not exceed 

the maximum provided for violation of said law, treaty, or regulation, or $10,000, whichever is less. 

(2) Any person who violates subsection (b) or (f) of section 3, 

except as provided in paragraph (1), may be assessed a civil 

penalty by the Secretary of not more than $250. 

* * * * * * * 

(d) CRIMINAL PENALTIES.— (1) Any person who— 

(A) knowingly imports or exports any fish or wildlife or 

plants in violation of any provision of this Act (other than 

subsections (b), (d), (e), and (f) of section 3), or 

(B) violates any provision of this Act (other than subsections (b), (d), (e), and (f) of section 3) by knowingly engaging in conduct that involves the sale or purchase of, the 

offer of sale or purchase of, or the intent to sell or purchase, fish or wildlife or plants with a market value in excess of $350, 

knowing that the fish or wildlife or plants were taken, possessed, transported, or sold in violation of, or in a manner unlawful under, any underlying law, treaty or regulation, shall be 

fined not more than $20,000, or imprisoned for not more than 

five years, or both. Each violation shall be a separate offense 

and the offense shall be deemed to have been committed not 

only in the district where the violation first occurred, but also 

in any district in which the defendant may have taken or been 

in possession of the said fish or wildlife or plants. 

(2) Any person who knowingly engages in conduct prohibited 

by any provision of this Act (other than subsections (b), (d), (e), 

and (f) of section 3) and in the exercise of due care should 

know that the fish or wildlife or plants were taken, possessed, 

transported, or sold in violation of, or in a manner unlawful 

under, any underlying law, treaty or regulation shall be fined 

not more than $10,000, or imprisoned for not more than one 

year, or both. Each violation shall be a separate offense and 

the offense shall be deemed to have been committed not only 

in the district where the violation first occurred, but also in 

any district in which the defendant may have taken or been in 

possession of the said fish or wildlife or plants. 

(3) Any person who knowingly violates subsection (d),(e), or 

(f) of section 3— 

(A) shall be fined under title 18, United States Code, or 

imprisoned for not more than 5 years, or both, if the offense involves— 


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(i) the importation or exportation of fish or wildlife 

or plants; or 

(ii) the sale or purchase, offer of sale or purchase, or 

commission of an act with intent to sell or purchase 

fish or wildlife or plants with a market value greater 

than $350; and 

* * * * * * * 

SEC. 7. ø16 U.S.C. 3376¿ ADMINISTRATION. 

(a) REGULATIONS.— (1) The Secretary, after consultation with the Secretary of 

the Treasury, is authorized to issue such regulations, except as 

provided in paragraph (2), as may be necessary to carry out 

the provisions of sections 3(f), 4, and 5 of this Act. 

(2) The Secretaries of the Interior and Commerce shall jointly promulgate specific regulations to implement the provisions 

of subsection 3(b) and of this Act for the marking and labeling 

of containers or packages containing fish or wildlife. These regulations shall be in accordance with existing commercial practices. 

* * * * * * * 

(3) The Secretary shall, in consultation with other relevant 

Federal and State agencies, promulgate regulations to implement section 3(e). 

* * * * * * * 

[PUBLIC LAW 108–191—DEC. 19, 2003, 117 STAT. 2781] 

SEC 1. SHORT TITLE. 

This Act may be cited as the ‘‘Captive Wildlife Safety Act’’. 

SEC. 2. DEFINITION OF PROHIBITED WILDLIFE SPECIES. 

SEC. 3. PROHIBITED ACTS. 

ø(a) In General.—Section 3¿ Section 3 of the Lacey Act Amendments of 1981 

* * * * * * * 

ø(b) Application.—Section 3(a)(2)(C) of the Lacey Act Amendments of 1981 (as added by subsection (a)(1)(A)(iii)) shall apply beginning on the effective date of regulations promulgated under section 3(e)(3) of that Act(as added by subsection (a)(2)).¿ 

Æ 


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