I 
112TH CONGRESS 
2D SESSION 
H. R. 4306 
To amend the Lacey Act Amendments of 1981 to prohibit the importation, 
exportation, transportation, and 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 HOUSE OF REPRESENTATIVES 
MARCH 29, 2012 
Mr. FITZPATRICK (for himself and Mr. BLUMENAUER) 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 
the importation, exportation, transportation, and sale, 
receipt, acquisition, or purchase in interstate or foreign 
commerce, of any live animal of any prohibited wildlife 
species, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Captive Primate Safety 
Act’’. 
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SEC. 2. ADDITION OF NONHUMAN PRIMATES TO DEFINI-
TION OF PROHIBITED WILDLIFE SPECIES. 
Section 2(g) of the Lacey Act Amendments of 1981 
(16 U.S.C. 3371(g)) is amended by inserting before the 
period at the end ‘‘or any nonhuman primate’’. 
SEC. 3. CAPTIVE WILDLIFE AMENDMENTS. 
(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 (2)— 
(i) in subparagraph (A), by inserting 
‘‘or’’ after the semicolon; 
(ii) in subparagraph (B)(iii), by strik-
ing ‘‘; or’’ and inserting a semicolon; and 
(iii) by striking subparagraph (C); 
and 
(B) in paragraph (4), by inserting ‘‘or sub-
section (e)’’ before the period; and 
(2) in subsection (e)— 
(A) by redesignating paragraphs (2), (3), 
(4), and (5) as paragraphs (3), (4), (5), and (6) 
respectively; 
(B) by striking ‘‘(e)’’ and all that follows 
through ‘‘Subsection (a)(2)(C) does not apply’’ 
in paragraph (1) and inserting the following: 
‘‘(e) CAPTIVE WILDLIFE OFFENSE.— 
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‘‘(1) IN GENERAL.—It is unlawful for any per-
son to import, export, transport, sell, receive, ac-
quire, or purchase in interstate or foreign commerce 
any live animal of any prohibited wildlife species. 
‘‘(2) LIMITATION ON APPLICATION.—This sub-
section— 
‘‘(A) does not apply to a person trans-
porting a nonhuman primate to or from a vet-
erinarian who is licensed to practice veterinary 
medicine within the United States, solely for 
the purpose of providing veterinary care to the 
nonhuman primate, if— 
‘‘(i) the person transporting the 
nonhuman primate carries written docu-
mentation issued by the veterinarian, in-
cluding the appointment date and location; 
‘‘(ii) the nonhuman primate is trans-
ported in a secure enclosure appropriate 
for that species of primate; 
‘‘(iii) the nonhuman primate has no 
contact with any other animals or members 
of the public, other than the veterinarian 
and other authorized medical personnel 
providing veterinary care; and 
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‘‘(iv) such transportation and provi-
sion of veterinary care is in accordance 
with all otherwise applicable State and 
local laws, regulations, permits, and health 
certificates; 
‘‘(B) does not apply to a person trans-
porting a nonhuman primate to a legally des-
ignated caregiver for the nonhuman primate as 
a result of the death of the preceding owner of 
the nonhuman primate, if— 
‘‘(i) the person transporting the 
nonhuman primate is carrying legal docu-
mentation to support the need for trans-
porting the nonhuman primate to the le-
gally designated caregiver; 
‘‘(ii) the nonhuman primate is trans-
ported in a secure enclosure appropriate 
for the species; 
‘‘(iii) the nonhuman primate has no 
contact with any other animals or members 
of the public while being transported to the 
legally designated caregiver; and 
‘‘(iv) all applicable State and local re-
strictions on such transport, and all appli-
cable State and local requirements for per-
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mits or health certificates, are complied 
with; 
‘‘(C) does not apply to a person trans-
porting a nonhuman primate solely for the pur-
pose of assisting an individual who is perma-
nently disabled with a severe mobility impair-
ment, if— 
‘‘(i) the nonhuman primate is a single 
animal of the genus Cebus; 
‘‘(ii) the nonhuman primate was ob-
tained from, and trained at, a licensed 
nonprofit organization described in section 
501(c)(3) of the Internal Revenue Code of 
1986 the nonprofit tax status of which was 
obtained— 
‘‘(I) before July 18, 2008; and 
‘‘(II) on the basis that the mis-
sion of the organization is to improve 
the quality of life of severely mobility- 
impaired individuals; 
‘‘(iii) the person transporting the 
nonhuman primate is a specially trained 
employee or agent of a nonprofit organiza-
tion described in clause (ii) that is trans-
porting the nonhuman primate to or from 
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a designated individual who is permanently 
disabled with a severe mobility impairment, 
or to or from a licensed foster care home 
providing 
specialty 
training 
of 
the 
nonhuman primate solely for purposes of 
assisting an individual who is permanently 
disabled with severe mobility impairment; 
‘‘(iv) the person transporting the 
nonhuman primate carries documentation 
from the applicable nonprofit organization 
that includes the name of the designated 
individual referred to in clause (iii); 
‘‘(v) the nonhuman primate is trans-
ported in a secure enclosure that is appro-
priate for that species; 
‘‘(vi) the nonhuman primate has no 
contact with any animal or member of the 
public, other than the designated individual 
referred to in clause (iii); and 
‘‘(vii) 
the 
transportation 
of 
the 
nonhuman primate is in compliance with— 
‘‘(I) all applicable State and local 
restrictions regarding the transport; 
and 
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‘‘(II) all applicable State and 
local requirements regarding permits 
or health certificates; and 
‘‘(D) does not apply’’; 
(C) in paragraph (2) (as added by sub-
paragraph (B))— 
(i) by striking ‘‘a’’ before ‘‘prohibited’’ 
and inserting ‘‘any’’; 
(ii) by striking ‘‘(3)’’ and inserting 
‘‘(4)’’; and 
(iii) by striking ‘‘(2)’’ and inserting 
‘‘(3)’’; 
(D) in paragraph (3) (as redesignated by 
subparagraph (A))— 
(i) in subparagraph (C)— 
(I) in clauses (ii) and (iii), by 
striking ‘‘animals listed in section 
2(g)’’ each place it appears and in-
serting ‘‘prohibited wildlife species’’; 
and 
(II) in clause (iv), by striking 
‘‘animals’’ and inserting ‘‘prohibited 
wildlife species’’; and 
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(ii) in subparagraph (D), by striking 
‘‘animal’’ each place it appears and insert-
ing ‘‘prohibited wildlife species’’; 
(E) in paragraph (4) (as redesignated by 
subparagraph (A)), by striking ‘‘(2)’’ and in-
serting ‘‘(3)’’; and 
(F) in paragraph (6) (as redesignated by 
subparagraph (A))— 
(i) by striking ‘‘subsection (a)(2)(C)’’ 
and inserting ‘‘this subsection’’; and 
(ii) by striking ‘‘2004 through 2008’’ 
and inserting ‘‘2012 through 2016’’. 
(b) CIVIL PENALTIES.—Section 4(a) of the Lacey 
Act Amendments of 1981 (16 U.S.C. 3373(a)) is amend-
ed— 
(1) in paragraph (1), by inserting ‘‘(e),’’ after 
‘‘subsections (b), (d),’’; and 
(2) in paragraph (1), by inserting ‘‘, (e),’’ after 
‘‘subsection (d)’’. 
(c) CRIMINAL PENALTIES.—Section 4(d) of the 
Lacey Act Amendments of 1981 (16 U.S.C. 3373(d)) is 
amended— 
(1) in paragraphs (1)(A) and (1)(B) and in the 
first sentence of paragraph (2), by inserting ‘‘(e),’’ 
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after ‘‘subsections (b), (d),’’ each place it appears; 
and 
(2) in paragraph (3), by inserting ‘‘, (e),’’ after 
‘‘subsection (d)’’. 
(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 180 days 
after the date of enactment of this Act, the Sec-
retary of the Interior shall promulgate regulations 
implementing the amendments made by this section. 
SEC. 4. APPLICABILITY PROVISION AMENDMENT. 
Section 3 of the Captive Wildlife Safety Act (117 
Stat. 2871; Public Law 108–191) is amended— 
(1) in subsection (a), by striking ‘‘(a) IN GEN-
ERAL.—Section 3’’ and inserting ‘‘Section 3’’; and 
(2) by striking subsection (b). 
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SEC. 5. REGULATIONS. 
Section 7(a) of the Lacey Act Amendments of 1981 
(16 U.S.C. 3376(a)) is amended by adding at the end the 
following: 
‘‘(3) The Secretary shall, in consultation with 
other relevant Federal and State agencies, promul-
gate regulations to implement section 3(e).’’. 
Æ 
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