I 

116TH CONGRESS 

1ST SESSION H. R. 1776 

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 

MARCH 14, 2019 

Mr. BLUMENAUER (for himself and Mr. FITZPATRICK) 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 any mem13 ber of the public and a live bear, tiger, 

14 lion, jaguar, cougar, African leopard, snow 

15 leopard, ape, gibbon, siamang, monkey, or 

16 loris, regardless of the age of the animal’’; 

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

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

19 (iv) in subparagraph (C)— 

20 (I) by striking ‘‘an accredited’’ 

21 and inserting ‘‘a’’; 

22 (II) in clauses (ii) and (iii), by 

23 striking ‘‘animals listed in section 

24 2(g)’’ each place it appears and inVerDate Sep 11 2014 04:53 Mar 29, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H1776.IH H1776

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1 serting ‘‘prohibited wildlife species’’; 

2 and 

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

4 ‘‘animals’’ and inserting ‘‘prohibited 

5 wildlife species’’; and 

6 (v) in subparagraph (D), by striking 

7 ‘‘animal’’ each place it appears and insert8 ing ‘‘prohibited wildlife species’’. 

9 (b) CIVIL PENALTIES.—Section 4(a)(1) of the Lacey 

10 Act Amendments of 1981 (16 U.S.C. 3373(a)(1)) is 

11 amended— 

12 (1) by inserting ‘‘(e),’’ after ‘‘subsections (b), 

13 (d),’’; and 

14 (2) by inserting ‘‘, (e),’’ after ‘‘subsection (d)’’. 

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

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

17 amended— 

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

19 (1), by inserting ‘‘(e),’’ after ‘‘subsections (b), (d),’’ 

20 each place it appears; 

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

22 ‘‘subsections (b), (d),’’; and 

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

24 ‘‘subsection (d)’’. 

25 (d) EFFECTIVE DATE; REGULATIONS.— 


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

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

3 subsections, shall take effect on the earlier of— 

4 (A) the date of promulgation of regulations 

5 under paragraph (2); and 

6 (B) the expiration of the period referred to 

7 in paragraph (2). 

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

9 after the date of enactment of this Act, the Sec10 retary of the Interior shall promulgate regulations 

11 implementing the amendments made by this section. 

12 SEC. 4. APPLICABILITY PROVISION AMENDMENT. 

13 Section 3 of the Captive Wildlife Safety Act (117 

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

15 (1) in subsection (a), by striking ‘‘(a) IN GEN16 ERAL.—Section 3’’ and inserting ‘‘Section 3’’; and 

17 (2) by striking subsection (b). 

18 SEC. 5. REGULATIONS. 

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

20 (16 U.S.C. 3376(a)) is amended by adding at the end the 

21 following: 

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

23 other relevant Federal and State agencies, promulVerDate Sep 11 2014 04:53 Mar 29, 2019 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H1776.IH H1776

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1 gate any regulations necessary to implement section 

2 3(e).’’. 

Æ 


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