II 

Calendar No. 118 

111TH CONGRESS 

1ST SESSION H. R. 80 

[Report No. 111–53] 

IN THE SENATE OF THE UNITED STATES 

FEBRUARY 25, 2009 

Received 

MARCH 12, 2009 

Read twice and referred to the Committee on Environment and Public Works 

JULY 20, 2009 

Reported by Mrs. BOXER, without amendment 

AN ACT 

To amend 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. 

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 Nov 24 2008 00:10 Jul 21, 2009 Jkt 079200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H80.RS H80

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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 redesignated by 

6 subparagraph (A))— 

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 ‘‘2010 through 2014’’. 

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) shall take effect on the earlier of— 

8 (A) the date of the issuance of regulations 

9 under paragraph (2); or 

10 (B) the expiration of the period referred to 

11 in paragraph (2). 

12 (2) REGULATIONS.—The Secretary of the Inte13 rior shall issue regulations implementing the amend14 ments made by this section by not later than the end 

15 of the 180-day period beginning on the date of the 

16 enactment of this Act. 

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 new paragraph: 

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

6 other relevant Federal and State agencies, issue reg7 ulations to implement section 3(e).’’. 

8 SEC. 6. AUTHORIZATIONS OF APPROPRIATIONS FOR ADDI9 TIONAL LAW ENFORCEMENT PERSONNEL. 

10 In addition to such other amounts as are authorized 

11 to carry out the Lacey Act Amendments of 1981 (16 

12 U.S.C. 3371 et seq.), there is authorized to be appro13 priated to the Secretary of the Interior $5,000,000 for fis14 cal year 2010 to hire additional law enforcement personnel 

15 of the United States Fish and Wildlife Service to enforce 

16 that Act. 


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Calendar No. 118 

111TH CONGRESS 

1ST SESSION H. R. 80 

[Report No. 111–53] 

AN ACT 

To amend the Lacey Act Amendments of 1981 to 

under that Act, and for other purposes. the provisions relating to captive wildlife offenses species under that Act, to make corrections in treat nonhuman primates as prohibited wildlife 

JULY 20, 2009 

Reported without amendment 


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