III 

111TH CONGRESS 

1ST SESSION H. R. 80 

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 

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, 


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1 SECTION 1. SHORT TITLE. 

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

3 Act’’. 

4 SEC. 2. ADDITION OF NONHUMAN PRIMATES TO DEFINI5 TION OF PROHIBITED WILDLIFE SPECIES. 

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

7 (16 U.S.C. 3371(g)) is amended by inserting before the 

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

9 SEC. 3. CAPTIVE WILDLIFE AMENDMENTS. 

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

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

12 (1) in subsection (a)— 

13 (A) in paragraph (2)— 

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

15 ‘‘or’’ after the semicolon; 

16 (ii) in subparagraph (B)(iii), by strik17 ing ‘‘; or’’ and inserting a semicolon; and 

18 (iii) by striking subparagraph (C); 

19 and 

20 (B) in paragraph (4), by inserting ‘‘or sub21 section (e)’’ before the period; and 

22 (2) in subsection (e)— 

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

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

25 respectively; 


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

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

3 in paragraph (1) and inserting the following: 

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 any live animal of any prohibited wildlife species. 

9 ‘‘(2) LIMITATION ON APPLICATION.—This sub10 section— 

11 ‘‘(A) does not apply to a person trans12 porting a nonhuman primate to or from a vet13 erinarian who is licensed to practice veterinary 

14 medicine within the United States, solely for 

15 the purpose of providing veterinary care to the 

16 nonhuman primate, if— 

17 ‘‘(i) the person transporting the 

18 nonhuman primate carries written docu19 mentation issued by the veterinarian, in20 cluding the appointment date and location; 

21 ‘‘(ii) the nonhuman primate is trans22 ported in a secure enclosure appropriate 

23 for that species of primate; 

24 ‘‘(iii) the nonhuman primate has no 

25 contact with any other animals or members 


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1 of the public, other than the veterinarian 

2 and other authorized medical personnel 

3 providing veterinary care; and 

4 ‘‘(iv) such transportation and provi5 sion of veterinary care is in accordance 

6 with all otherwise applicable State and 

7 local laws, regulations, permits, and health 

8 certificates; 

9 ‘‘(B) does not apply to a person trans10 porting a nonhuman primate to a legally des11 ignated caregiver for the nonhuman primate as 

12 a result of the death of the preceding owner of 

13 the nonhuman primate, if— 

14 ‘‘(i) the person transporting the 

15 nonhuman primate is carrying legal docu16 mentation to support the need for trans17 porting the nonhuman primate to the le18 gally designated caregiver; 

19 ‘‘(ii) the nonhuman primate is trans20 ported in a secure enclosure appropriate 

21 for the species; 

22 ‘‘(iii) the nonhuman primate has no 

23 contact with any other animals or members 

24 of the public while being transported to the 

25 legally designated caregiver; and 


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1 ‘‘(iv) all applicable State and local re2 strictions on such transport, and all appli3 cable State and local requirements for per4 mits or health certificates, are complied 

5 with; 

6 ‘‘(C) does not apply to a person trans7 porting a nonhuman primate solely for the pur8 pose of assisting an individual who is perma9 nently disabled with a severe mobility impair10 ment, if— 

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

12 animal of the genus Cebus; 

13 ‘‘(ii) the nonhuman primate was ob14 tained from, and trained at, a licensed 

15 nonprofit organization described in section 

16 501(c)(3) of the Internal Revenue Code of 

17 1986 the nonprofit tax status of which was 

18 obtained— 

19 ‘‘(I) before July 18, 2008; and 

20 ‘‘(II) on the basis that the mis21 sion of the organization is to improve 

22 the quality of life of severely mobility23 impaired individuals; 

24 ‘‘(iii) the person transporting the 

25 nonhuman primate is a specially trained 


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1 employee or agent of a nonprofit organiza2 tion described in clause (ii) that is trans3 porting the nonhuman primate to or from 

4 a designated individual who is permanently 

5 disabled with a severe mobility impairment, 

6 or to or from a licensed foster care home 

7 providing specialty training of the 

8 nonhuman primate solely for purposes of 

9 assisting an individual who is permanently 

10 disabled with severe mobility impairment; 

11 ‘‘(iv) the person transporting the 

12 nonhuman primate carries documentation 

13 from the applicable nonprofit organization 

14 that includes the name of the designated 

15 individual referred to in clause (iii); 

16 ‘‘(v) the nonhuman primate is trans17 ported in a secure enclosure that is appro18 priate for that species; 

19 ‘‘(vi) the nonhuman primate has no 

20 contact with any animal or member of the 

21 public, other than the designated individual 

22 referred to in clause (iii); and 

23 ‘‘(vii) the transportation of the 

24 nonhuman primate is in compliance with— 


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1 ‘‘(I) all applicable State and local 

2 restrictions regarding the transport; 

3 and 

4 ‘‘(II) all applicable State and 

5 local requirements regarding permits 

6 or health certificates; and 

7 ‘‘(D) does not apply’’; 

8 (C) in paragraph (2) (as redesignated by 

9 subparagraph (A))— 

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

11 and inserting ‘‘any’’; 

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

13 ‘‘(4)’’; and 

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

15 ‘‘(3)’’; 

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

17 subparagraph (A))— 

18 (i) in subparagraph (C)— 

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

20 striking ‘‘animals listed in section 

21 2(g)’’ each place it appears and in22 serting ‘‘prohibited wildlife species’’; 

23 and 


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

2 ‘‘animals’’ and inserting ‘‘prohibited 

3 wildlife species’’; and 

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

5 ‘‘animal’’ each place it appears and insert6 ing ‘‘prohibited wildlife species’’; 

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

8 subparagraph (A)), by striking ‘‘(2)’’ and in9 serting ‘‘(3)’’; and 

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

11 subparagraph (A))— 

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

13 and inserting ‘‘this subsection’’; and 

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

15 and inserting ‘‘2010 through 2014’’. 

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

17 Act Amendments of 1981 (16 U.S.C. 3373(a)) is amend18 ed— 

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

20 ‘‘subsections (b), (d),’’ ; and 

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

22 ‘‘subsection (d)’’. 

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

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

25 amended— 


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

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

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

4 and 

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

6 ‘‘subsection (d)’’. 

7 (d) EFFECTIVE DATE; REGULATIONS.— 

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

9 through (c) shall take effect on the earlier of— 

10 (A) the date of the issuance of regulations 

11 under paragraph (2); or 

12 (B) the expiration of the period referred to 

13 in paragraph (2). 

14 (2) REGULATIONS.—The Secretary of the Inte15 rior shall issue regulations implementing the amend16 ments made by this section by not later than the end 

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

18 enactment of this Act. 

19 SEC. 4. APPLICABILITY PROVISION AMENDMENT. 

20 Section 3 of the Captive Wildlife Safety Act (117 

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

22 (1) in subsection (a), by striking ‘‘(a) IN GEN23 ERAL.—Section 3’’ and inserting ‘‘Section 3’’; and 

24 (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. 

Passed the House of Representatives February 24, 

2009. 

Attest: LORRAINE C. MILLER, 

Clerk. 


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