SEC. 2. DEFINITION OF PROHIBITED PRIMATE SPECIES. 
Section 2 of the Lacey Act Amendments of 1981 (16 
U.S.C. 3371) is amended— 
(1) by redesignating paragraphs (g) through (k) 
as paragraphs (h) through (l), respectively; and 
(2) by inserting after paragraph (f) the fol-
lowing: 
‘‘(g) PROHIBITED PRIMATE SPECIES.—The term 
‘prohibited primate species’ means any live species of 
nonhuman primate, including chimpanzees, galagos, gib-
bons, gorillas, lemurs, lorises, monkeys, orangutans, 
tarsiers, or any hybrid of such a species.’’. 
SEC. 3. PROHIBITIONS. 
(a) PROHIBITED ACTS.—Section 3 of the Lacey Act 
Amendments of 1981 (16 U.S.C. 3372) is amended— 
(1) in subsection (a)— 
(A) in paragraph (3)(B)(iii), by striking ‘‘; 
or’’ and inserting a semicolon; and 
(B) by striking paragraph (4) and insert-
ing the following: 
‘‘(4) subject to subsection (f), to import, export, 
transport, sell, receive, acquire, or purchase in inter-
state or foreign commerce, or in a manner substan-
tially affecting interstate or foreign commerce, or to 
possess, any prohibited primate species; or 
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‘‘(5) to attempt to commit any act described in 
paragraphs (1) through (4).’’; 
(2) by redesignating subsection (f) as sub-
section (g); and 
(3) by inserting before subsection (g) (as so re-
designated) the following: 
‘‘(f) NONAPPLICABILITY OF PROHIBITED PRIMATE 
SPECIES OFFENSE.—Subsection (a)(4) does not apply 
to— 
‘‘(1) a person exhibiting animals to the public 
under a Class C license issued by the Department of 
Agriculture, or a Federal facility registered with the 
Department of Agriculture that exhibits animals, if 
such person or facility holds such license or registra-
tion in good standing and— 
‘‘(A) does not allow any individual to come 
into direct physical contact with a prohibited 
primate species, unless that individual is— 
‘‘(i) a trained professional employee or 
contractor of the person or facility, or an 
accompanying employee receiving profes-
sional training; 
‘‘(ii) a licensed veterinarian, or a vet-
erinary student accompanying such a vet-
erinarian; or 
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‘‘(iii) directly supporting conservation 
programs of the entity or facility, the con-
tact is not in the course of commercial ac-
tivity (which may be evidenced by adver-
tisement or promotion of such activity or 
other relevant evidence), and the contact is 
incidental to humane husbandry conducted 
pursuant to a species-specific, publicly 
available, peer-edited population manage-
ment and care plan that has been provided 
to the Secretary with justifications that the 
plan— 
‘‘(I) reflects established conserva-
tion science principles; 
‘‘(II) incorporates genetic and de-
mographic analysis of a multi-institu-
tion population of animals covered by 
the plan; and 
‘‘(III) promotes animal welfare 
by ensuring that the frequency of 
breeding is appropriate for the spe-
cies; and 
‘‘(B) ensures that during public exhibition 
of any prohibited primate species, other than le-
murs and galagos, the animal is at least 15 feet 
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from members of the public unless there is a 
permanent barrier sufficient to prevent public 
contact with the animal; 
‘‘(2) a person registered as a research facility 
by the Department of Agriculture; 
‘‘(3) a State college, university, or agency, or a 
State-licensed veterinarian; 
‘‘(4) a wildlife sanctuary that cares for prohib-
ited primate species, and— 
‘‘(A) is a corporation that is exempt from 
taxation under section 501(a) of the Internal 
Revenue Code of 1986 and described in sections 
501(c)(3) and 170(b)(1)(A)(vi) of such Code; 
‘‘(B) does not commercially trade in any 
prohibited primate species, including offspring, 
parts, and byproducts of such animals; 
‘‘(C) does not breed any prohibited primate 
species; 
‘‘(D) does not allow direct contact between 
the public and any prohibited primate species; 
and 
‘‘(E) does not allow the transportation and 
display of any prohibited primate species off- 
site; 
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‘‘(5) a person that has custody of any prohib-
ited primate species solely for the purpose of expedi-
tiously transporting the prohibited primate species 
to a person described in this subsection with respect 
to the species; or 
‘‘(6) a person that is in possession of any pro-
hibited primate species that was born before the 
date of the enactment of the Captive Primate Safety 
Act, if the person— 
‘‘(A) not later than 180 days after the date 
of the enactment of such Act, registers each in-
dividual animal of each prohibited primate spe-
cies possessed by the person with the United 
States Fish and Wildlife Service; 
‘‘(B) does not breed, acquire, or sell any 
prohibited primate species after the date of the 
enactment of such Act; and 
‘‘(C) does not allow direct contact between 
the public and prohibited primate species.’’. 
(b) CIVIL PENALTIES.—Section 4(a)(1) of the Lacey 
Act Amendments of 1981 (16 U.S.C. 3373(a)(1)) is 
amended— 
(1) by striking ‘‘and (f)’’ and inserting ‘‘(f), 
and (g)’’; and 
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(2) by striking ‘‘or (f)’’ and inserting ‘‘(f), or 
(g)’’. 
(c) CRIMINAL PENALTIES.—Section 4(d) of the 
Lacey Act Amendments of 1981 (16 U.S.C. 3373(d)) is 
amended— 
(1) in paragraph (1), by striking ‘‘and (f)’’ each 
place it appears and inserting ‘‘(f), and (g)’’; and 
(2) in paragraph (3), by striking ‘‘(d) or (f)’’ 
and inserting ‘‘(d), (f), or (g)’’. 
(d) EFFECTIVE DATE; REGULATIONS.— 
(1) 
EFFECTIVE
DATE.—Subsections 
(a) 
through (c), and the amendments made by those 
subsections, shall take effect on the earlier of— 
(A) the date of promulgation of regulations 
under paragraph (2); and 
(B) the expiration of the period referred to 
in paragraph (2). 
(2) REGULATIONS.—Not later than the end of 
the 180-day period beginning on the date of the en-
actment of this Act, the Secretary of the Interior 
shall promulgate regulations implementing the 
amendments made by this section. 
SEC. 4. REGULATIONS. 
Section 7(a) of the Lacey Act Amendments of 1981 
(16 U.S.C. 3376(a)) is amended— 
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(1) in paragraph (1), by striking ‘‘3(f)’’ and in-
serting ‘‘3(g)’’; and 
(2) by adding at the end the following: 
‘‘(3) The Secretary shall, in consultation with 
other relevant Federal and State agencies, promul-
gate any regulations necessary to implement section 
3(f).’’. 
Æ 
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