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[Senate Report 109-263]
[From the U.S. Government Publishing Office]

                                                       Calendar No. 471
109th Congress                                                   Report
                                 SENATE
 2nd Session                                                    109-263
======================================================================

 
                   CAPTIVE PRIMATE SAFETY ACT OF 2005

                                _______
                                

                 June 19, 2006.--Ordered to be printed

                                _______
                                

    Mr. Inhofe, from the Committee on Environment and Public Works, 
                        submitted the following

                                 REPORT

                         [to accompany S. 1509]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Environment and Public Works, to which was 
referred a bill (S. 1509) to amend the Lacey Act Amendments of 
1981 to add nonhuman primates to the definition of prohibited 
wildlife species, 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. Infant primates often seem 
cute and cooperative, but they inevitably grow larger, stronger 
and more aggressive. They can inflict serious harm by biting 
and scratching. Removing their teeth, as some pet owners do, is 
cruel and no safeguard against injury. The Captive Wild Animal 
Protection Coalition reported that, from January 1, 1995 to 
January 1, 2005, there were 132 dangerous incidents reported 
involving primates. The break down of these incidents by type 
of owner is as follows:

--------------------------------------------------------------------------------------------------------------------------------------------------------
                                            Research     Quarantine
                   Pet                      Facility      Facility       Circus       Sanctuary        Zoo         Dealer       Exhibitor      Unknown
--------------------------------------------------------------------------------------------------------------------------------------------------------
80......................................            7             1             1             1            18             1            13            10
--------------------------------------------------------------------------------------------------------------------------------------------------------

    Many more incidents may have occurred, but went unreported. 
Most 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.
    Nonhuman primates can potentially transmit diseases 
including Herpes B, monkeypox, Simian Immunodeficiency Virus 
(SIV), tuberculosis, yellow fever, and the Ebola virus. There 
are more than 240 species of extant primates. Primates fall 
into four categories: apes, old world monkeys, new world 
monkeys, and prosimians. The species from each group most 
commonly seen in the United States as pets are described below 
along with brief descriptions of some of the dangers that may 
accompany them.

                                  Apes

chimpanzees and gibbons
       All great apes become intractable during and 
post-puberty. They are extremely muscular and can cause great 
injury even without intention.
       Molloscum contagiosum is an example of a virus 
transported only from chimpanzees to humans as a small, 
domelike waxy papule on the face and eyelids.
       Because of the close genetic relationship, 
almost all diseases can be transmitted between apes and humans.

                           Old World Monkeys

rhesus macaques, vervets, cynomolgus monkeys, and baboons
       Old world monkeys are tremendously aggressive 
and dangerous in close proximity to humans, especially after 
puberty.
       Old world monkeys should be considered carriers 
of Herpes B, a virus that can be passed to humans through bites 
and through the airborne transmission of the disease in the 
form of vapor, fine particles, or larger droplets from body 
fluids and feces.
       The vervet monkey is known to often carry the 
Marburg virus, a disease that has been fatal to humans in 7 out 
of 31 cases. No symptoms are shown until death and all vervets 
should be treated as if infected.

                           New World Monkeys

wooley monkeys, capuchins, squirrel monkeys, marmosets, spider monkeys, 
        and owl monkeys
       New world monkeys tend to be less aggressive but 
are far more difficult to adapt to a pet environment.
       New world monkeys often carry diseases, such as 
measles, easily contracted by young children and the elderly.
       All four poxviruses are found in new world 
monkeys, with monkeypox being the most frequent.
       Viral hepatitis A is common in capuchins, owl 
monkeys, and tamarins. Often undetectable in the monkeys, the 
disease can still be passed to humans. Primate handlers often 
contract this virus from recently shipped animals.
       New world monkeys (mostly frugivores) are 
especially prime cadidates for klebsiella and other water-
borne, gram-negative bacteria. Infected primates pose a serious 
danger to human infants and children with mild respiratory 
infections.

                               Prosimians

galagos, tarsiers, lemurs, and lorises
       Prosimians may appear small and cuddly but have 
fierce and dangerous bites.
       Prosimians are likely to carry tuberculosis, 
bacterial pathogens such as salmonella, and both endo-and ecto-
parasites.
    All nonhuman primates may carry diseases that can be passed 
to their human caretakers. Poxviruses can be found in all 
primates and transmitted to humans. Like humans, all primates 
can be infected with bacterial infection. The bacteria of most 
concern are Mycobacteriaciae (tuberculosis), Shigella/
Salmonella, Campylobacter, and Klebsiella. Tuberculosis is 
common among pet primates and their owners. In addition, many 
primates carry parasites that are easily transmitted to humans.
    In addition, captive nonhuman primates require a 
specialized diet, companionship from other nonhuman primates, 
and housing in very large enclosures. If a nonhuman primate 
becomes too difficult to handle for a pet owner, there are few 
options for caring for them.
    Because of the serious health risk, importing nonhuman 
primates to the U.S. for the pet trade has been banned by 
Federal regulation since 1975. In addition, many States already 
prohibit these animals as pets. Still, there is a vigorous 
trade of those animals already in the country and held in 
private ownership. Estimates are that 15,000 are privately 
owned. However, the pet trade is largely unregulated, 
therefore, that number may be much higher. Because many of 
these animals are moved in interstate commerce, Federal 
legislation is needed.

                     Objectives of the Legislation

    S. 1509 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. It has 
no impact on the trade or transportation of nonhuman primates 
owned by zoos, research facilities, or other federally licensed 
and regulated entities. Federal licenses or registration are 
required for all commercial activity, such as breeders, 
dealers, research institutions, exhibitors, and transporters, 
therefore, they are exempt.
    The bill is similar to the Captive Wildlife Safety Act, 
which Congress passed in 2003 to prohibit interstate commerce 
in lions, tigers, and other big cats for the pet trade.

                      Section-by-Section Analysis

Section 1. Short title.
    This section provides that this Act may be cited as the 
``Captive Primate Safety Act of 2005''.
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.

                          Legislative History

    On July 27, 2005, Senator Jeffords introduced S. 1509, 
which was cosponsored by Senators Chafee, Lautenberg, Lieberman 
and Ensign. The bill was received, read twice and referred to 
the Senate Committee on Environment and Public Works. The 
committee met on May 23, 2006, to consider the bill. S. 1509 
was ordered favorably reported without amendment by voice vote.

                                Hearings

    No committee hearings were held on S. 1509.

                             Rollcall Votes

    The Committee on Environment and Public Works met to 
consider S. 1509 on May 23, 2006. The bill was ordered 
favorably reported by voice vote. No roll call votes were 
taken.

                      Regulatory Impact Statement

    In compliance with section 11(b) of rule XXVI of the 
Standing Rules of the Senate, the committee finds that S. 1509 
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 finds that S. 1509 would not 
impose Federal intergovernmental unfunded mandates on State, 
local, or tribal governments.

                          Cost of Legislation

    Section 403 of the Congressional Budget and Impoundment 
Control Act requires that a statement of the cost of the 
reported bill, prepared by the Congressional Budget Office, be 
included in the report. That statement follows:
                              ----------                              

S. 1509, Captive Primate Safety Act of 2005, As ordered reported by the 
        Senate Committee on Environment and Public Works on May 23, 
        2006
Summary
    S. 1509 would amend the Lacey Act to prohibit interstate 
and foreign trade of nonhuman primates. CBO estimates that 
implementing the bill would cost $17 million over the 2007-2011 
period, assuming appropriation of the necessary amounts. The 
bill could increase direct spending and revenue collections, 
but we estimate that any such changes would be insignificant.
    S. 1509 contains no intergovernmental mandates as defined 
in the Unfunded Mandates Reform Act (UMRA) and would impose no 
costs on State, local, or tribal governments.
    S. 1509 would impose a private-sector mandate as defined in 
UMRA on certain entities that handle nonhuman primates. Based 
on information from government and industry sources, CBO 
estimates that the direct costs of the mandate would fall below 
the annual threshold established in UMRA ($128 million in 2006, 
adjusted for inflation).
Estimated Cost to the Federal Government
    The estimated budgetary impact of S. 1509 is shown in the 
following table. The costs of this legislation fall within 
budget function 300 (natural resources and environment).

                 By Fiscal Year, in Millions of Dollars
------------------------------------------------------------------------
                                   2007    2008    2009    2010    2011
------------------------------------------------------------------------
 CHANGES IN SPENDING SUBJECT TO
          APPROPRIATION
Estimated Authorization Level...       2       3       4       4       4
Estimated Outlays...............       2       3       4       4       4
------------------------------------------------------------------------

Basis of Estimate
    S. 1509 would make it illegal to import, export, transport, 
sell, receive, acquire, or purchase nonhuman primates (e.g., 
monkeys and apes). Violators of the proposed prohibition on 
interstate and foreign trade of such animals would be subject 
to criminal and civil penalties.
    Based on information provided by the U.S. Fish and Wildlife 
Service (USFWS), CBO estimates that implementing S. 1509 would 
cost about $4 million annually, primarily for additional staff 
to conduct inspections and investigations to enforce the 
legislation. CBO expects that the agency would take about 3 
years to reach that level of effort. Thus, we estimate that the 
added duties for USFWS would cost about $17 million over the 
2007-2011 period, assuming appropriation of the necessary 
amounts.
    Enacting S. 1509 could increase revenues from civil and 
criminal fines. Based on information obtained from the 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).
Estimated Impact on State, Local, and Tribal Governments
    S. 1509 contains no intergovernmental mandates as defined 
in UMRA and would impose no costs on State, local, or tribal 
governments.
Estimated Impact on the Private Sector
    S. 1509 would impose a private-sector mandate by 
prohibiting persons, with some exceptions, from importing, 
exporting, transporting, selling, receiving, acquiring, or 
purchasing in interstate or foreign commerce nonhuman primates 
(including lemurs, monkeys, and apes). The bill would exempt 
several groups from the prohibition, including: entities that 
are licensed or registered and inspected by a Federal agency; a 
State college, university, or agency, or certain persons 
licensed by the State; other groups such as accredited wildlife 
sanctuaries that qualify under the bill's criteria; and 
individuals that have custody of nonhuman primates solely for 
the purpose of transporting them to an exempted individual.
    The Endangered Species Act already prohibits the interstate 
sale and international trade of certain nonhuman primates that 
qualify under the act. In addition, the international trade of 
nonhuman primates is regulated under the Convention on 
International Trade in Endangered Species of Wild Fauna and 
Flora. The Convention, to which the United States is a party, 
requires all import, export, re-export, and introduction of 
species covered by the Convention to be authorized through a 
licensing system. This bill would expand the list of nonhuman 
primates for which commercial activities are regulated.
    The cost of the mandate would be either the cost of getting 
licensed, registered, or accredited for those who are not 
required to do so under current law or the forgone net income 
from lost sales. According to government sources and 
information from wildlife sanctuaries, the bill would not cause 
significant new activity in the demand for licenses or 
accreditations. Those sources estimate that fewer than 20 
wildlife sanctuaries would have to be accredited in order for 
them to continue to harbor nonhuman primates. CBO expects that 
the incremental costs to the entities that would have get 
accredited, licensed, or registered in order to deal with 
nonhuman primates would not be substantial. Also, under the 
bill, breeders currently licensed by the United States 
Department of Agriculture would not be able to obtain a license 
to breed and sell nonhuman primates. According to several 
industry observers, the forgone net income from lost sales 
would not be substantial. Consequently, CBO estimates that the 
cost to the private sector of complying with the mandate would 
fall below the annual threshold established in UMRA ($128 
million in 2006, adjusted for inflation).
    Estimate Prepared By: Federal Costs: Matthew Pickford; 
Impact on State, Local, and Tribal Governments: Marjorie 
Miller; Impact on the Private Sector: Amy Petz.
    Estimate Approved By: Robert A. Sunshine, 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 [black brackets], new matter is printed 
in italic, existing law in which no change is proposed is shown 
in roman:
                              ----------                              

                          [16 U.S.C. 3371(G)]

                         TITLE 16. CONSERVATION

        CHAPTER 53. CONTROL OF ILLEGALLY TAKEN FISH AND WILDLIFE

SECTION 3371. DEFINITIONS.

For the purposes of this chapter:
    (a) * * *

           *       *       *       *       *       *       *

    (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 a 
species or any nonhuman primate.

           *       *       *       *       *       *       *

                                 
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