II 

Calendar No. 455 

110TH CONGRESS 

1ST SESSION S. 1498 

[Report No. 110–210] 

To amend the Lacey Act Amendments of 1981 to prohibit the import, export, 

transportation, sale, receipt, acquisition, or purchase in interstate or 

foreign commerce of any live animal of any prohibited wildlife species, 

and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

MAY 24, 2007 

Mrs. BOXER (for herself, Mr. VITTER, Mr. LIEBERMAN, Mr. LAUTENBERG, 

Mr. MENENDEZ, and Mr. ENSIGN) introduced the following bill; which 

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

Works 

OCTOBER 29, 2007 

Reported by Mrs. BOXER, with amendments 

[Omit the part struck through and insert the part printed in italic] 

A BILL 

To amend the Lacey Act Amendments of 1981 to prohibit 

the import, export, transportation, sale, receipt, acquisition, or purchase in interstate or foreign commerce of 

any live animal of any prohibited wildlife species, and 

for other purposes. 


hsrobinson on PROD1PC76 with BILLS
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•S 1498 RS

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 THE DEFI7 NITION 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 ‘‘, or any 

10 nonhuman primate’’ before the period at the end. 

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), by striking 

19 ‘‘; 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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•S 1498 RS

1 (A) by redesignating paragraphs (2) 

2 through (5) as paragraphs (3) through (6) re3 spectively; 

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

5 through ‘‘does not apply’’ in paragraph (1) and 

6 inserting the following: 

7 ‘‘(e) CAPTIVE WILDLIFE OFFENSE.— 

8 ‘‘(1) IN GENERAL.—It is unlawful for any per9 son to import, export, transport, sell, receive, ac10 quire, or purchase in interstate or foreign commerce 

11 any live animal of any prohibited wildlife species. 

12 ‘‘(2) NONAPPLICABILITY.—This subsection does 

13 not apply’’; 

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

15 subparagraph (A))— 

16 (i) by striking ‘‘a prohibited’’ and in17 serting ‘‘any prohibited’’; and 

18 (ii) by striking ‘‘paragraph (3), is de19 scribed in paragraph (2)’’ and inserting 

20 ‘‘paragraph (4), is described in paragraph 

21 (3)’’; 

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

23 subparagraph (A))— 

24 (i) in subparagraph (C)— 


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•S 1498 RS

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

2 striking ‘‘animals listed in section 

3 2(g)’’ each place it appears and in4 serting ‘‘prohibited wildlife species’’; 

5 and 

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

7 ‘‘animals’’ and inserting ‘‘prohibited 

8 wildlife species’’; and 

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

10 ‘‘animal’’ each place it appears and insert11 ing ‘‘prohibited wildlife species’’; 

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

13 subparagraph (A)), by striking ‘‘paragraph (2)’’ 

14 and inserting ‘‘paragraph (3)’’; 

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

16 subparagraph (A)), by striking ‘‘subsection 

17 (a)(2)(C)’’ and inserting ‘‘this section’’; and 

18 (G) by adding at the end the following: 

19 ‘‘(7) APPLICATION.—This subsection shall 

20 apply beginning on the effective date of the regula21 tions promulgated pursuant to this subsection.’’. 

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

23 Act Amendments of 1981 (16 U.S.C. 3373(a)(1)) is amend24 ed— 


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•S 1498 RS

1 (1) by striking ‘‘(other than subsection 3(b))’’ 

2 and inserting ‘‘(other than subsections (b), (d), and 

3 (e) of section 3)’’; and 

4 (2) by striking ‘‘section 3(d)’’ and inserting 

5 ‘‘subsection (d) or (e) of section 3’’. 

6 (b) Criminal Penalties.—Section 4(d) of the 

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

8 Act Amendments of 1981 (16 U.S.C. 3373(d)) is amend9 ed— 

10 (1) in paragraphs (1) and (2), by striking 

11 ‘‘(other than subsection 3(b))’’ each place it appears 

12 and inserting ‘‘(other than subsections (b), (d), and 

13 (e) of section 3)’’; and 

14 (2) in paragraph (3), by striking ‘‘section 3(d)’’ 

15 and inserting ‘‘subsection (d) or (e) of section 3’’. 

16 SEC. 4. APPLICABILITY PROVISION AMENDMENT. 

17 Section 3 of the Captive Wildlife Safety Act (117 

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

19 (1) in subsection (a), by striking the subsection 

20 designation and heading and all that follows through 

21 ‘‘Section 3’’ and inserting ‘‘Section 3’’; and 

22 (2) by striking subsection (b). 


hsrobinson on PROD1PC76 with BILLS
Calendar No. 455 

110TH CONGRESS 

1ST SESSION S. 1498 

[Report No. 110

–210] 

A BILL 

To amend the Lacey Act Amendments of 1981 to 

hibited wildlife species, and for other purposes. foreign commerce of any live animal of any proreceipt, acquisition, or purchase in interstate or prohibit the import, export, transportation, sale, 

OCTOBER 29, 2007 

Reported with amendments 


hsrobinson on PROD1PC76 with BILLS