II 

Calendar No. 650 

113TH CONGRESS 

2D SESSION S. 1463 

[Report No. 113–308] 

To amend the Lacey Act Amendments of 1981 to prohibit 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. 

IN THE SENATE OF THE UNITED STATES 

AUGUST 1, 2013 

Mrs. BOXER (for herself, Mr. VITTER, Mr. SANDERS, Mr. BLUMENTHAL, Mr. 

MURPHY, Mr. MENENDEZ, Mr. MARKEY, Ms. LANDRIEU, Ms. MIKULSKI, 

Mrs. FEINSTEIN, Mr. WHITEHOUSE, Mr. REED, Ms. COLLINS, Mrs. 

GILLIBRAND, Mr. MERKLEY, Mr. WYDEN, Mr. LEAHY, Mr. KIRK, Mrs. 

SHAHEEN, Ms. WARREN, Ms. CANTWELL, Mr. BOOKER, Mr. BENNET, 

Mrs. MCCASKILL, and Mr. CARDIN) introduced the following bill; which 

was read twice and referred to the Committee on Environment and Public 

Works 

DECEMBER 11, 2014 

Reported by Mrs. BOXER, without amendment 

A BILL 

To amend the Lacey Act Amendments of 1981 to prohibit 

importation, exportation, transportation, sale, receipt, acquisition, and purchase in interstate or foreign commerce, or in a manner substantially affecting interstate 


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or foreign commerce, of any live animal of any prohibited 

wildlife species. 

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’’. 

6 SEC. 2. ADDITION OF NONHUMAN PRIMATES TO DEFINI7 TION OF PROHIBITED WILDLIFE SPECIES. 

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

9 (16 U.S.C. 3371(g)) is amended by inserting before the 

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

11 SEC. 3. CAPTIVE WILDLIFE AMENDMENTS. 

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

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

14 (1) in subsection (a)— 

15 (A) in paragraph (2)— 

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

17 ‘‘or’’ after the semicolon; 

18 (ii) in subparagraph (B)(iii), by strik19 ing ‘‘; or’’ and inserting a semicolon; and 

20 (iii) by striking subparagraph (C); 

21 and 

22 (B) in paragraph (4), by inserting ‘‘or sub23 section (e)’’ before the period; and 

24 (2) in subsection (e)— 


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1 (A) by striking ‘‘(e)’’ and all that follows 

2 through paragraph (1) and inserting the fol3 lowing: 

4 ‘‘(e) CAPTIVE WILDLIFE OFFENSE.— 

5 ‘‘(1) IN GENERAL.—It is unlawful for any per6 son to import, export, transport, sell, receive, ac7 quire, or purchase in interstate or foreign commerce, 

8 or in a manner substantially affecting interstate or 

9 foreign commerce, any live animal of any prohibited 

10 wildlife species.’’; and 

11 (B) in paragraph (2)— 

12 (i) by striking so much as precedes 

13 subparagraph (A) and inserting the fol14 lowing: 

15 ‘‘(2) LIMITATION ON APPLICATION.—Paragraph 

16 (1) does not apply to any person who—’’. 

17 (ii) in subparagraph (A), by inserting 

18 before the semicolon at the end ‘‘and does 

19 not allow direct contact between the public 

20 and prohibited wildlife species’’; 

21 (iii) in subparagraph (B), by striking 

22 ‘‘State-licensed wildlife rehabilitator,’’; 

23 (iv) in subparagraph (C)— 

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

25 striking ‘‘animals listed in section 


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1 2(g)’’ each place it appears and in2 serting ‘‘prohibited wildlife species’’; 

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

4 ‘‘animals’’ and inserting ‘‘prohibited 

5 wildlife species’’; and 

6 (III) by striking ‘‘or’’ after the 

7 semicolon at the end; 

8 (v) in subparagraph (D)— 

9 (I) by striking ‘‘animal’’ each 

10 place it appears and inserting ‘‘pro11 hibited wildlife species’’; and 

12 (II) by striking the period at the 

13 end and inserting ‘‘; or’’; and 

14 (vi) by adding at the end the fol15 lowing: 

16 ‘‘(E) is transporting a nonhuman primate 

17 solely for the purpose of assisting an individual 

18 who is permanently disabled with a severe mo19 bility impairment, if— 

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

21 animal of the genus Cebus; 

22 ‘‘(ii) the nonhuman primate was ob23 tained from, and trained at, a licensed 

24 nonprofit organization that before July 18, 

25 2008 was exempt from taxation under secVerDate Sep 11 2014 19:41 Dec 15, 2014 Jkt 049200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S1463.RS S1463

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1 tion 501(a) of the Internal Revenue Code 

2 of 1986 and described in sections 

3 501(c)(3) and 170(b)(1)(A)(vi) of such 

4 Code on the basis that the mission of the 

5 organization is to improve the quality of 

6 life of severely mobility-impaired individ7 uals; 

8 ‘‘(iii) the person transporting the 

9 nonhuman primate is a specially trained 

10 employee or agent of a nonprofit organiza11 tion described in clause (ii) that is trans12 porting the nonhuman primate to or from 

13 a designated individual who is permanently 

14 disabled with a severe mobility impairment; 

15 ‘‘(iv) the person transporting the 

16 nonhuman primate carries documentation 

17 from the applicable nonprofit organization 

18 that includes the name of the designated 

19 individual referred to in clause (iii); 

20 ‘‘(v) the nonhuman primate is trans21 ported in a secure enclosure that is appro22 priate for that species; 

23 ‘‘(vi) the nonhuman primate has no 

24 contact with any animal or member of the 


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1 public, other than the designated individual 

2 referred to in clause (iii); and 

3 ‘‘(vii) the transportation of the 

4 nonhuman primate is in compliance with— 

5 ‘‘(I) all applicable State and local 

6 restrictions regarding the transport; 

7 and 

8 ‘‘(II) all applicable State and 

9 local requirements regarding permits 

10 or health certificates.’’. 

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

12 Act Amendments of 1981 (16 U.S.C. 3373(a)) is amend13 ed— 

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

15 ‘‘subsections (b), (d),’’; and 

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

17 ‘‘subsection (d)’’. 

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

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

20 amended— 

21 (1) in subparagraphs (A) and (B) of paragraph 

22 (1) and in the first sentence of paragraph (2), by in23 serting ‘‘(e),’’ after ‘‘subsections (b), (d),’’ each 

24 place it appears; and 


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

2 ‘‘subsection (d)’’. 

3 (d) EFFECTIVE DATE; REGULATIONS.— 

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

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

6 subsections, shall take effect on the earlier of— 

7 (A) the date of promulgation of regulations 

8 under paragraph (2); and 

9 (B) the expiration of the period referred to 

10 in paragraph (2). 

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

12 after the date of enactment of this Act, the Sec13 retary of the Interior shall promulgate regulations 

14 implementing the amendments made by this section. 

15 SEC. 4. APPLICABILITY PROVISION AMENDMENT. 

16 Section 3 of the Captive Wildlife Safety Act (117 

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

18 (1) in subsection (a), by striking ‘‘(a) IN GEN19 ERAL.—Section 3’’ and inserting ‘‘Section 3’’; and 

20 (2) by striking subsection (b). 

21 SEC. 5. REGULATIONS. 

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

23 (16 U.S.C. 3376(a)) is amended by adding at the end the 

24 following: 


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

2 other relevant Federal and State agencies, promul3 gate regulations to implement section 3(e).’’. 


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Calendar No. 650 

113TH CONGRESS 

2D SESSION S. 1463 

[Report No. 113–308] 

A BILL 

To amend the Lacey Act Amendments of 1981 to 

life species. merce, of any live animal of any prohibited wildstantially affecting interstate or foreign comstate or foreign commerce, or in a manner subsale, receipt, acquisition, and purchase in interprohibit importation, exportation, transportation, 

DECEMBER 11, 2014 

Reported without amendment 


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