I 

112TH CONGRESS 

2D SESSION H. R. 4306 

To amend the Lacey Act Amendments of 1981 to prohibit the importation, 

exportation, transportation, and sale, receipt, acquisition, or purchase 

in interstate or foreign commerce, of any live animal of any prohibited 

wildlife species, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 29, 2012 

Mr. FITZPATRICK (for himself and Mr. BLUMENAUER) introduced the 

following bill; which was referred to the Committee on Natural Resources 

A BILL 

To amend the Lacey Act Amendments of 1981 to prohibit 

the importation, exportation, transportation, and sale, 

receipt, acquisition, or purchase in interstate or foreign 

commerce, of any live animal of any prohibited wildlife 

species, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Captive Primate Safety 

5 Act’’. 


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1 SEC. 2. ADDITION OF NONHUMAN PRIMATES TO DEFINI2 TION OF PROHIBITED WILDLIFE SPECIES. 

3 Section 2(g) of the Lacey Act Amendments of 1981 

4 (16 U.S.C. 3371(g)) is amended by inserting before the 

5 period at the end ‘‘or any nonhuman primate’’. 

6 SEC. 3. CAPTIVE WILDLIFE AMENDMENTS. 

7 (a) PROHIBITED ACTS.—Section 3 of the Lacey Act 

8 Amendments of 1981 (16 U.S.C. 3372) is amended— 

9 (1) in subsection (a)— 

10 (A) in paragraph (2)— 

11 (i) in subparagraph (A), by inserting 

12 ‘‘or’’ after the semicolon; 

13 (ii) in subparagraph (B)(iii), by strik14 ing ‘‘; or’’ and inserting a semicolon; and 

15 (iii) by striking subparagraph (C); 

16 and 

17 (B) in paragraph (4), by inserting ‘‘or sub18 section (e)’’ before the period; and 

19 (2) in subsection (e)— 

20 (A) by redesignating paragraphs (2), (3), 

21 (4), and (5) as paragraphs (3), (4), (5), and (6) 

22 respectively; 

23 (B) by striking ‘‘(e)’’ and all that follows 

24 through ‘‘Subsection (a)(2)(C) does not apply’’ 

25 in paragraph (1) and inserting the following: 

26 ‘‘(e) CAPTIVE WILDLIFE OFFENSE.— 


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1 ‘‘(1) IN GENERAL.—It is unlawful for any per2 son to import, export, transport, sell, receive, ac3 quire, or purchase in interstate or foreign commerce 

4 any live animal of any prohibited wildlife species. 

5 ‘‘(2) LIMITATION ON APPLICATION.—This sub6 section— 

7 ‘‘(A) does not apply to a person trans8 porting a nonhuman primate to or from a vet9 erinarian who is licensed to practice veterinary 

10 medicine within the United States, solely for 

11 the purpose of providing veterinary care to the 

12 nonhuman primate, if— 

13 ‘‘(i) the person transporting the 

14 nonhuman primate carries written docu15 mentation issued by the veterinarian, in16 cluding the appointment date and location; 

17 ‘‘(ii) the nonhuman primate is trans18 ported in a secure enclosure appropriate 

19 for that species of primate; 

20 ‘‘(iii) the nonhuman primate has no 

21 contact with any other animals or members 

22 of the public, other than the veterinarian 

23 and other authorized medical personnel 

24 providing veterinary care; and 


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1 ‘‘(iv) such transportation and provi2 sion of veterinary care is in accordance 

3 with all otherwise applicable State and 

4 local laws, regulations, permits, and health 

5 certificates; 

6 ‘‘(B) does not apply to a person trans7 porting a nonhuman primate to a legally des8 ignated caregiver for the nonhuman primate as 

9 a result of the death of the preceding owner of 

10 the nonhuman primate, if— 

11 ‘‘(i) the person transporting the 

12 nonhuman primate is carrying legal docu13 mentation to support the need for trans14 porting the nonhuman primate to the le15 gally designated caregiver; 

16 ‘‘(ii) the nonhuman primate is trans17 ported in a secure enclosure appropriate 

18 for the species; 

19 ‘‘(iii) the nonhuman primate has no 

20 contact with any other animals or members 

21 of the public while being transported to the 

22 legally designated caregiver; and 

23 ‘‘(iv) all applicable State and local re24 strictions on such transport, and all appli25 cable State and local requirements for perVerDate Mar 15 2010 20:20 Apr 05, 2012 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H4306.IH H4306

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1 mits or health certificates, are complied 

2 with; 

3 ‘‘(C) does not apply to a person trans4 porting a nonhuman primate solely for the pur5 pose of assisting an individual who is perma6 nently disabled with a severe mobility impair7 ment, if— 

8 ‘‘(i) the nonhuman primate is a single 

9 animal of the genus Cebus; 

10 ‘‘(ii) the nonhuman primate was ob11 tained from, and trained at, a licensed 

12 nonprofit organization described in section 

13 501(c)(3) of the Internal Revenue Code of 

14 1986 the nonprofit tax status of which was 

15 obtained— 

16 ‘‘(I) before July 18, 2008; and 

17 ‘‘(II) on the basis that the mis18 sion of the organization is to improve 

19 the quality of life of severely mobility20 impaired individuals; 

21 ‘‘(iii) the person transporting the 

22 nonhuman primate is a specially trained 

23 employee or agent of a nonprofit organiza24 tion described in clause (ii) that is trans25 porting the nonhuman primate to or from 


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1 a designated individual who is permanently 

2 disabled with a severe mobility impairment, 

3 or to or from a licensed foster care home 

4 providing specialty training of the 

5 nonhuman primate solely for purposes of 

6 assisting an individual who is permanently 

7 disabled with severe mobility impairment; 

8 ‘‘(iv) the person transporting the 

9 nonhuman primate carries documentation 

10 from the applicable nonprofit organization 

11 that includes the name of the designated 

12 individual referred to in clause (iii); 

13 ‘‘(v) the nonhuman primate is trans14 ported in a secure enclosure that is appro15 priate for that species; 

16 ‘‘(vi) the nonhuman primate has no 

17 contact with any animal or member of the 

18 public, other than the designated individual 

19 referred to in clause (iii); and 

20 ‘‘(vii) the transportation of the 

21 nonhuman primate is in compliance with— 

22 ‘‘(I) all applicable State and local 

23 restrictions regarding the transport; 

24 and 


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1 ‘‘(II) all applicable State and 

2 local requirements regarding permits 

3 or health certificates; and 

4 ‘‘(D) does not apply’’; 

5 (C) in paragraph (2) (as added by sub6 paragraph (B))— 

7 (i) by striking ‘‘a’’ before ‘‘prohibited’’ 

8 and inserting ‘‘any’’; 

9 (ii) by striking ‘‘(3)’’ and inserting 

10 ‘‘(4)’’; and 

11 (iii) by striking ‘‘(2)’’ and inserting 

12 ‘‘(3)’’; 

13 (D) in paragraph (3) (as redesignated by 

14 subparagraph (A))— 

15 (i) in subparagraph (C)— 

16 (I) in clauses (ii) and (iii), by 

17 striking ‘‘animals listed in section 

18 2(g)’’ each place it appears and in19 serting ‘‘prohibited wildlife species’’; 

20 and 

21 (II) in clause (iv), by striking 

22 ‘‘animals’’ and inserting ‘‘prohibited 

23 wildlife species’’; and 


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1 (ii) in subparagraph (D), by striking 

2 ‘‘animal’’ each place it appears and insert3 ing ‘‘prohibited wildlife species’’; 

4 (E) in paragraph (4) (as redesignated by 

5 subparagraph (A)), by striking ‘‘(2)’’ and in6 serting ‘‘(3)’’; and 

7 (F) in paragraph (6) (as redesignated by 

8 subparagraph (A))— 

9 (i) by striking ‘‘subsection (a)(2)(C)’’ 

10 and inserting ‘‘this subsection’’; and 

11 (ii) by striking ‘‘2004 through 2008’’ 

12 and inserting ‘‘2012 through 2016’’. 

13 (b) CIVIL PENALTIES.—Section 4(a) of the Lacey 

14 Act Amendments of 1981 (16 U.S.C. 3373(a)) is amend15 ed— 

16 (1) in paragraph (1), by inserting ‘‘(e),’’ after 

17 ‘‘subsections (b), (d),’’; and 

18 (2) in paragraph (1), by inserting ‘‘, (e),’’ after 

19 ‘‘subsection (d)’’. 

20 (c) CRIMINAL PENALTIES.—Section 4(d) of the 

21 Lacey Act Amendments of 1981 (16 U.S.C. 3373(d)) is 

22 amended— 

23 (1) in paragraphs (1)(A) and (1)(B) and in the 

24 first sentence of paragraph (2), by inserting ‘‘(e),’’ 


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1 after ‘‘subsections (b), (d),’’ each place it appears; 

2 and 

3 (2) in paragraph (3), by inserting ‘‘, (e),’’ after 

4 ‘‘subsection (d)’’. 

5 (d) EFFECTIVE DATE; REGULATIONS.— 

6 (1) EFFECTIVE DATE.—Subsections (a) 

7 through (c), and the amendments made by those 

8 subsections, shall take effect on the earlier of— 

9 (A) the date of promulgation of regulations 

10 under paragraph (2); and 

11 (B) the expiration of the period referred to 

12 in paragraph (2). 

13 (2) REGULATIONS.—Not later than 180 days 

14 after the date of enactment of this Act, the Sec15 retary of the Interior shall promulgate regulations 

16 implementing the amendments made by this section. 

17 SEC. 4. APPLICABILITY PROVISION AMENDMENT. 

18 Section 3 of the Captive Wildlife Safety Act (117 

19 Stat. 2871; Public Law 108–191) is amended— 

20 (1) in subsection (a), by striking ‘‘(a) IN GEN21 ERAL.—Section 3’’ and inserting ‘‘Section 3’’; and 

22 (2) by striking subsection (b). 


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1 SEC. 5. REGULATIONS. 

2 Section 7(a) of the Lacey Act Amendments of 1981 

3 (16 U.S.C. 3376(a)) is amended by adding at the end the 

4 following: 

5 ‘‘(3) The Secretary shall, in consultation with 

6 other relevant Federal and State agencies, promul7 gate regulations to implement section 3(e).’’. 

Æ 


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