II 

110TH CONGRESS 

1ST SESSION S. 1498 

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, 

and Mr. MENENDEZ) introduced the following bill; which was read twice 

and referred to the Committee on Environment and Public Works 

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. 

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 THE DEFI2 NITION 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 ‘‘, or any 

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

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), by striking 

14 ‘‘; 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) 

21 through (5) as paragraphs (3) through (6) re22 spectively; 

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

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

25 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) NONAPPLICABILITY.—This subsection does 

6 not apply’’; 

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

8 subparagraph (A))— 

9 (i) by striking ‘‘a prohibited’’ and in10 serting ‘‘any prohibited’’; and 

11 (ii) by striking ‘‘paragraph (3), is de12 scribed in paragraph (2)’’ and inserting 

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

14 (3)’’; 

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

16 subparagraph (A))— 

17 (i) in subparagraph (C)— 

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

19 striking ‘‘animals listed in section 

20 2(g)’’ each place it appears and in21 serting ‘‘prohibited wildlife species’’; 

22 and 

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

24 ‘‘animals’’ and inserting ‘‘prohibited 

25 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 ‘‘paragraph (2)’’ 

6 and inserting ‘‘paragraph (3)’’; 

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

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

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

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

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

12 apply beginning on the effective date of the regula13 tions promulgated pursuant to this subsection.’’. 

14 (b) CRIMINAL PENALTIES.—Section 4(d) of the 

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

16 amended— 

17 (1) in paragraphs (1) and (2), by striking ‘‘sub18 sections (b) and (d) of section 3’’ each place it ap19 pears and inserting ‘‘subsections (b), (d), and (e) of 

20 section 3’’; and 

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

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

23 SEC. 4. APPLICABILITY PROVISION AMENDMENT. 

24 Section 3 of the Captive Wildlife Safety Act (117 

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


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

2 designation and heading and all that follows through 

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

4 (2) by striking subsection (b). 

Æ 


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