I 

113TH CONGRESS 

1ST SESSION H. R. 2856 

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 HOUSE OF REPRESENTATIVES 

JULY 30, 2013 

Mr. FITZPATRICK (for himself, Mr. BLUMENAUER, Mr. MORAN, Mr. FARR, 

and Mr. CONYERS) 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 

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. 

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 striking ‘‘(e)’’ and all that follows 

21 through paragraph (1) and inserting the fol22 lowing: 

23 ‘‘(e) CAPTIVE WILDLIFE OFFENSE.— 

24 ‘‘(1) IN GENERAL.—It is unlawful for any per25 son to import, export, transport, sell, receive, ac26 quire, or purchase in interstate or foreign commerce, 


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1 or in a manner substantially affecting interstate or 

2 foreign commerce, any live animal of any prohibited 

3 wildlife species.’’; and 

4 (B) in paragraph (2)— 

5 (i) by striking so much as precedes 

6 subparagraph (A) and inserting the fol7 lowing: 

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

9 (1) does not apply to any person who—’’; 

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

11 before the semicolon at the end ‘‘and does 

12 not allow direct contact between the public 

13 and prohibited wildlife species’’; 

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

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

16 (iv) in subparagraph (C)— 

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

18 striking ‘‘animals listed in section 

19 2(g)’’ each place it appears and in20 serting ‘‘prohibited wildlife species’’; 

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

22 ‘‘animals’’ and inserting ‘‘prohibited 

23 wildlife species’’; and 

24 (III) by striking ‘‘or’’ after the 

25 semicolon at the end; 


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1 (v) in subparagraph (D)— 

2 (I) by striking ‘‘animal’’ each 

3 place it appears and inserting ‘‘pro4 hibited wildlife species’’; and 

5 (II) by striking the period at the 

6 end and inserting ‘‘; or’’; and 

7 (vi) by adding at the end the fol8 lowing: 

9 ‘‘(E) is transporting a nonhuman primate 

10 solely for the purpose of assisting an individual 

11 who is permanently disabled with a severe mo12 bility impairment, if— 

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

14 animal of the genus Cebus; 

15 ‘‘(ii) the nonhuman primate was ob16 tained from, and trained at, a licensed 

17 nonprofit organization that before July 18, 

18 2008, was exempt from taxation under sec19 tion 501(a) of the Internal Revenue Code 

20 of 1986 and described in sections 

21 501(c)(3) and 170(b)(1)(A)(vi) of such 

22 Code on the basis that the mission of the 

23 organization is to improve the quality of 

24 life of severely mobility-impaired individ25 uals; 


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1 ‘‘(iii) the person transporting the 

2 nonhuman primate is a specially trained 

3 employee or agent of a nonprofit organiza4 tion described in clause (ii) that is trans5 porting the nonhuman primate to or from 

6 a designated individual who is permanently 

7 disabled with a 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.’’. 

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

5 Act Amendments of 1981 (16 U.S.C. 3373(a)) is amend6 ed— 

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

8 ‘‘subsections (b), (d),’’; and 

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

10 ‘‘subsection (d)’’. 

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

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

13 amended— 

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

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

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

17 and 

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

19 ‘‘subsection (d)’’. 

20 (d) EFFECTIVE DATE; REGULATIONS.— 

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

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

23 subsections, shall take effect on the earlier of— 

24 (A) the date of promulgation of regulations 

25 under paragraph (2); and 


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1 (B) the expiration of the period referred to 

2 in paragraph (2). 

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

4 after the date of enactment of this Act, the Sec5 retary of the Interior shall promulgate regulations 

6 implementing the amendments made by this section. 

7 SEC. 4. APPLICABILITY PROVISION AMENDMENT. 

8 Section 3 of the Captive Wildlife Safety Act (117 

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

10 (1) in subsection (a), by striking ‘‘(a) IN GEN11 ERAL.—Section 3’’ and inserting ‘‘Section 3’’; and 

12 (2) by striking subsection (b). 

13 SEC. 5. REGULATIONS. 

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

15 (16 U.S.C. 3376(a)) is amended by adding at the end the 

16 following: 

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

18 other relevant Federal and State agencies, promul19 gate regulations to implement section 3(e).’’. 

Æ 


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