[DOCID: f:hr712.110]
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110th Congress Report
HOUSE OF REPRESENTATIVES
2d Session 110-712
======================================================================
CAPTIVE PRIMATE SAFETY ACT
_______
June 17, 2008.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Rahall, from the Committee on Natural Resources, submitted the
following
R E P O R T
together with
DISSENTING VIEWS
[To accompany H.R. 2964]
[Including cost estimate of the Congressional Budget Office]
The Committee on Natural Resources, to whom was referred the
bill (H.R. 2964) to amend the Lacey Act Amendments of 1981 to
treat nonhuman primates as prohibited wildlife species under
that Act, to make corrections in the provisions relating to
captive wildlife offenses under that Act, and for other
purposes, having considered the same, report favorably thereon
with an amendment and recommend that the bill as amended do
pass.
The amendment is as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Captive Primate Safety Act''.
SEC. 2. ADDITION OF NONHUMAN PRIMATES TO DEFINITION 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 striking
``; or'' and inserting a semicolon; and
(iii) by striking subparagraph (C); and
(B) in paragraph (4), by inserting ``or subsection
(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.--
``(1) In general.--It is unlawful for any person to import,
export, transport, sell, receive, acquire, or purchase in
interstate or foreign commerce any live animal of any
prohibited wildlife species.
``(2) Limitation on application.--This subsection--
``(A) does not apply to a person transporting a
nonhuman primate to or from a veterinarian 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 documentation issued by
the veterinarian, including the appointment
date and location;
``(ii) the nonhuman primate is transported 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
``(iv) such transportation and provision 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 transporting a
nonhuman primate to a legally designated 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 documentation to
support the need for transporting the nonhuman
primate to the legally designated caregiver;
``(ii) the nonhuman primate is transported 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
restrictions on such transport, and all
applicable State and local requirements for
permits or health certificates, are complied
with; and
``(C) does not apply'';
(C) in paragraph (2) (as redesignated by subparagraph
(A))--
(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
inserting ``prohibited wildlife
species''; and
(II) in clause (iv), by striking
``animals'' and inserting ``prohibited
wildlife species''; and
(ii) in subparagraph (D), by striking
``animal'' each place it appears and inserting
``prohibited wildlife species'';
(E) in paragraph (4) (as redesignated by subparagraph
(A)), by striking ``(2)'' and inserting ``(3)'';
(F) in paragraph (6) (as redesignated by subparagraph
(A)), by striking ``subsection (a)(2)(C)'' and
inserting ``this subsection''; and
(G) by inserting after paragraph (6) (as redesignated
by subparagraph (A)) the following:
``(7) Application.--This subsection shall apply beginning on
the effective date of regulations promulgated under this
subsection.''.
(b) Civil Penalties.--Section 4(a) of the Lacey Act Amendments of
1981 (16 U.S.C. 3373(a)) is amended--
(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),'' after ``subsections
(b), (d),'' each place it appears; and
(2) in paragraph (3), by inserting ``, (e),'' after
``subsection (d)''.
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 General.--Section
3'' and inserting ``Section 3''; and
(2) by striking subsection (b).
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 new paragraph:
``(3) The Secretary shall, in consultation with other
relevant Federal and State agencies, issue regulations to
implement section 3(e).''.
SEC. 6. AUTHORIZATION OF APPROPRIATIONS FOR ADDITIONAL LAW ENFORCEMENT
PERSONNEL.
In addition to such other amounts as are authorized to carry out the
Lacey Act Amendments of 1981 (16 U.S.C. 3371 et seq.), there is
authorized to be appropriated to the Secretary of the Interior
$5,000,000 for fiscal year 2009 to hire additional law enforcement
personnel of the United States Fish and Wildlife Service to enforce
that Act.
Purpose of the Bill
The purpose of H.R. 2964 is to amend the Lacey Act
Amendments of 1981 to treat nonhuman primates as prohibited
wildlife species under that Act, to make corrections in the
provisions relating to captive wildlife offenses under that
Act, and for other purposes.
Background and Need for Legislation
H.R. 2964, The Captive Primate Safety Act, would amend the
Lacey Act Amendments of 1981 to add nonhuman primates to the
list of animals that cannot be transported across state lines.
Specifically, H.R. 2964 prohibits the import, export,
transportation, sale, receipt, acquisition, or purchase in
interstate or foreign commerce of nonhuman primates in order to
safeguard public health and safety and protect the welfare of
monkeys, apes (which include chimpanzees and orangutans),
marmosets and lemurs. The bill is similar to the Captive
Wildlife Safety Act (CWSA), which Congress passed in 2003 to
ban interstate commerce in lions, tigers, and other big cats
for the pet trade.
Although the importation of nonhuman primates into the
United States for the pet trade has been banned by federal
regulation since 1975 due to health concerns, these animals are
readily available for purchase on the Internet and from exotic
animal dealers. While some states already prohibit the
possession of these animals as pets, there remains an active
trade in these animals. It is estimated that 15,000 nonhuman
primates currently are in private hands. This number may be low
due to the largely unregulated nature of the trade.
Nonhuman primates may pose serious risks to public health
and safety. They can transmit diseases such as Herpes B, monkey
pox, Simian Immunodeficiency Virus, tuberculosis, yellow fever,
and the Ebola virus. Further, nonhuman primates can inflict
serious physical harm. While infant primates may seem as
harmless as domesticated animals, they are wild creatures that
inevitably grow more assertive and can become aggressive when
frustrated or frightened. The Captive Wild Animal Protection
Coalition reported that from January 1, 1995 to January 1, 2005
there were 132 incidents reported of human injury caused by
captive primates or escapes of captive primates in the United
States.
Most people cannot provide the special care, housing, diet,
maintenance, and enrichment that these animals require,
including companionship with other nonhuman primates. If an
owner becomes overwhelmed or unable to meet these needs, a
nonhuman primate purchased in the interstate pet trade can
ultimately face euthanasia, abandonment, or a lifetime of
imprisonment in someone's garage or basement. Alternatively,
they may end up being sold to substandard roadside menageries
or dumped back into the cycle of breeding, adding to the exotic
animal industry.
Interstate transport increases the probability of contact
with strangers and untrained people, thereby augmenting the
risks of disease spread and physical harm. Conversely,
decreasing commerce in nonhuman primates, as H.R. 2964 would
do, limits interactions and diminishes risks to humans.
H.R. 2964 would not affect trade or transportation of
animals for zoos, research facilities, or other federally
licensed and regulated entities. Federal licenses or
registration are required for all commercial activity, such as
breeders, dealers, research institutions, exhibitors, and
transporters; therefore, they are exempt from this legislation.
H.R. 2964 also makes technical corrections to the Lacey Act
Amendments of 1981 and the Captive Wildlife Safety Act in order
to ensure that the CWSA provisions found in 16 U.S.C 3372 are
fully enforceable.
As mentioned, the CWSA amended the Lacey Act Amendments of
1981 to make it unlawful for any person to import, export,
transport, sell, receive, acquire, or purchase in interstate or
foreign commerce any prohibited wildlife species. Such
prohibited wildlife species include any live species of lion,
tiger, leopard, cheetah, jaguar, and cougar. The purpose of the
law was to prevent the sale of these species as pets.
It was not until the CWSA had been passed that the Fish and
Wildlife Service and Department of Justice identified technical
drafting problems with the legislation that made full
implementation and enforcement impossible.
Specifically, under the Lacey Act civil and criminal
wildlife trafficking prohibitions are built upon a ``two-step''
prohibition scheme. Under section 3372(a), each trafficking
violation--with the exception of violations of the CWSA--
requires proof of two separate steps involving the wildlife at
issue. First, the wildlife must be taken, possessed,
transported or sold by someone in violation of existing laws or
treaties. Second, the wildlife must be subsequently imported,
exported, transported, sold, received, acquired or purchased.
These two steps cannot be collapsed by prosecutors into one
step or act committed by the defendant.
As enacted, the CWSA is a one-step offense within a section
of the Lacey Act that presumes two-step violations.
Consequently, placement of amendments made by the CWSA in this
section of the Lacey Act could make violations of the CWSA
potentially difficult to enforce in court because some big cats
may be legally possessed to begin with. H.R. 2964 would make
the technical changes to the law needed to allow the original
intent of the legislation to be achieved. All exemptions under
the existing CWSA would remain unchanged and in effect.
Committee Action
H.R. 2964 was introduced by Representative Eddie Bernice
Johnston (D-TX) on July 10, 2007. The bill was referred to the
Committee on Natural Resources, and within the Committee to the
Subcommittee on Fisheries, Wildlife and Oceans.
On March 11, 2008, the Subcommittee held a hearing on the
bill. Representatives from the American Veterinary Medical
Association, the Jane Goodall Institute, the Association of
Zoos and Aquariums, the Humane Society of the United States and
others testified in favor of the bill. The Administration
opposed the bill, stating that it would expand the U.S. Fish
and Wildlife Service's enforcement responsibilities into what
they consider to be a responsibility of state agencies.
On June 4, 2008, the Subcommittee met to mark up the bill.
Rep. Henry E. Brown, Jr. (R-SC) offered an amendment to include
a one-time authorization of appropriations for law enforcement,
which was adopted by voice vote. Rep. Brown also offered an
amendment to allow nonhuman primates to be transported across
state lines to obtain veterinary care. Chairwoman Madeleine Z.
Bordallo (D-GU) offered a second-degree amendment to the Brown
amendment to place conditions on such transport to ensure the
protection of the nonhuman primate and the humans involved in
the provision of transport and medical care. The second-degree
amendment also stipulated that the transportation and provision
of veterinary care must be in accordance with all otherwise
applicable state and local prohibitions and restrictions.
Third, the second-degree amendment required the Secretary of
the Interior to issue regulations to implement the Captive
Wildlife Safety Act. The Bordallo amendment was adopted by
voice vote and the Brown amendment, as amended, was also
adopted by voice vote. H.R. 2964, as amended, was then
recommended favorably to the Full Committee.
On June 11, 2008, the Full Natural Resources Committee met
to consider the bill. Ranking Member Don Young (R-AK) offered
an amendment to permit the transport, with conditions, of a
nonhuman primate to a legally designated caregiver in the event
of the death of the preceding owner. It was adopted by
unanimous consent. The bill was then ordered favorably reported
to the House of Representatives by unanimous consent.
Section-by-Section Analysis
Section 1. Short title
This section provides that this Act may be cited as the
``Captive Primate Safety Act''.
Sec. 2. Addition of nonhuman primates to the definition of prohibited
wildlife species
This section amends the Lacey Act Amendments of 1981 to add
nonhuman primates to the definition of ``Prohibited Wildlife
Species.''
Sec. 3. Captive wildlife amendments
This section amends the Lacey Act Amendments of 1981 to add
nonhuman primates to the group of animals that cannot be
imported, exported, transported, sold, received, acquired or
purchased in interstate or foreign commerce. This section also
provides, and places conditions on, exemptions to the
prohibition for the purposes of: (1) receiving veterinary care;
and (2) transferring ownership of the nonhuman primate in the
event of a caregiver's death.
Sec. 4. Applicability provision amendment
This section makes technical corrections to ensure the
implementation and enforcement of the Captive Wildlife Safety
Act (117 Stat. 2871; Public Law 108-191).
Sec. 5. Applicability provision amendment
This section directs the Secretary of the Interior, in
consultation with other relevant federal and state agencies, to
issue regulations to implement the Captive Wildlife Safety Act.
Sec. 6. Applicability provision amendment
This section authorizes an appropriation to the Secretary
of the Interior of $5 million for fiscal year 2009 to hire
additional law enforcement personnel of the U.S. Fish and
Wildlife Service to enforce the Captive Wildlife Safety Act.
Committee Oversight Findings and Recommendations
Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of
rule XIII of the Rules of the House of Representatives, the
Committee on Natural Resources' oversight findings and
recommendations are reflected in the body of this report.
Constitutional Authority Statement
Article I, section 8 of the Constitution of the United
States grants Congress the authority to enact this bill.
Compliance With House Rule XIII
1. Cost of Legislation. Clause 3(d)(2) of rule XIII of the
Rules of the House of Representatives requires an estimate and
a comparison by the Committee of the costs which would be
incurred in carrying out this bill. However, clause 3(d)(3)(B)
of that rule provides that this requirement does not apply when
the Committee has included in its report a timely submitted
cost estimate of the bill prepared by the Director of the
Congressional Budget Office under section 402 of the
Congressional Budget Act of 1974.
2. Congressional Budget Act. As required by clause 3(c)(2)
of rule XIII of the rules of the House of Representatives and
section 308(a) of the Congressional Budget Act of 1974, this
bill does not contain any new budget authority, spending
authority, credit authority, or an increase or decrease in
revenues or tax expenditures.
3. General Performance Goals and Objectives. As required by
clause 3(c)(4) of rule XIII, the general performance goal or
objective of this bill is to amend the Lacey Act Amendments of
1981 to treat nonhuman primates as prohibited wildlife species
under that Act, to make corrections in the provisions relating
to captive wildlife offenses under that Act.
4. Congressional Budget Office Cost Estimate. Under clause
3(c)(3) of rule XIII of the Rules of the House of
Representatives and section 403 of the Congressional Budget Act
of 1974, the Committee has received the following cost estimate
for this bill from the Director of the Congressional Budget
Office:
H.R. 2964--Captive Primate Safety Act
Summary: H.R. 2964 would amend the Lacey Act to prohibit
interstate and foreign trade of nonhuman primates. The
legislation also would authorize the appropriation of $5
million for 2009 for enforcement of the bill. CBO estimates
that implementing the bill would cost $17 million over the
2009-2013 period, assuming appropriation of the amounts
authorized for 2009 and amounts estimated to be necessary after
that. The bill could increase revenue collections and direct
spending, but we estimate that any such net changes would be
insignificant.
The bill contains no intergovernmental mandates as defined
in the Unfunded Mandates Reform Act (UMRA) and would not affect
the budgets of state, local, or tribal governments.
H.R. 2964 would impose a private-sector mandate, as defined
in UMRA, on certain entities that handle nonhuman primates. CBO
expects that the direct costs of the mandate would fall well
below the annual threshold established by UMRA for private-
sector mandates ($136 million in 2008, adjusted for inflation).
Estimated cost to the Federal Government: The estimated
budgetary impact of H.R. 2964 is shown in the following table.
The costs of this legislation fall within budget function 300
(natural resources and environment).
----------------------------------------------------------------------------------------------------------------
By fiscal year, in millions of dollars--
----------------------------------------------------
2009 2010 2011 2012 2013 2008-2013
----------------------------------------------------------------------------------------------------------------
CHANGES IN SPENDING SUBJECT TO APPROPRIATION
Estimated Authorization Level.............................. 5 3 4 4 4 20
Estimated Outlays.......................................... 2 3 4 4 4 17
----------------------------------------------------------------------------------------------------------------
Basis of estimate: H.R. 2964 would make it illegal to
import, export, transport, sell, receive, acquire, or purchase
nonhuman primates (such as monkeys and apes). Violators of the
proposed prohibition on interstate and foreign trade of such
animals would be subject to criminal and civil penalties.
Based on information provided by the U.S. Fish and Wildlife
Service (USFWS), CBO estimates that implementing H.R. 2964
would cost about $4 million annually, primarily for additional
staff to conduct inspections and investigations to enforce the
legislation. CBO expects that the agency would take about three
years to reach that level of effort. Thus, we estimate that the
added duties for USFWS would cost about $17 million over the
2009-2013 period, assuming appropriation of the $5 million
authorized to be appropriated for 2009 and the amounts
estimated to be necessary after that.
Enacting H.R. 2964 could increase revenues from civil and
criminal fines. Based on information obtained from the USFWS
about the relatively small number of violations likely to
occur, CBO estimates that any such increase would be less than
$500,000 annually. Moreover, such changes would be fully offset
by increases in direct spending from the Crime Victims Fund
(where criminal fines are deposited) or the resource management
account of the USFWS (where civil fines are deposited and used
for rewards to informers and for other program costs).
Estimated impact on state, local, and tribal governments:
H.R. 2964 contains no intergovernmental mandates as defined in
UMRA and would not affect the budgets of state, local, or
tribal governments.
Estimated impact on the private sector: H.R. 2964 would
impose a private-sector mandate as defined in UMRA. The bill
would prohibit any person from importing, exporting,
transporting, selling, receiving, acquiring, or purchasing
nonhuman primates in interstate or foreign commerce. Several
groups would be exempted from the prohibition, including
entities that are licensed or registered by a federal agency.
Importers, dealers, exhibitors, transporters, and research
facilities that handle nonhuman primates are currently required
to obtain a permit or license, or register with a federal
agency. Therefore, those entities would not be affected by the
provisions in the bill.
The cost to any sanctuaries that would need to get
accredited would be small. H.R. 2964 also would exempt, under
the conditions specified in the bill, individuals transporting
nonhuman primates to veterinarians or to designated care givers
upon the death of the owner. CBO expects that those individuals
would incur minimal costs to meet those conditions. The costs
to others who would be affected by the mandate also would be
minimal. Consequently, CBO expects that the local direct cost
of complying with the mandate would fall well below the annual
threshold established in UMRA for private-sector mandates ($136
million in 2008, adjusted for inflation).
Previous CBO estimate: On August 20, 2007, CBO transmitted
a cost estimate for S. 1498, the Captive Primates Safety Act,
as ordered reported by the Senate Committee on Public Works and
Environment on July 31, 2007. S. 1498 and H.R. 2964 are very
similar. The estimated total costs of the two versions of the
legislation are the same, but the timing of outlays is slightly
different because we assume that H.R. 2964 will be enacted at a
later date.
Estimate prepared by: Federal Costs: Deborah Reis; Impact
on State, Local, and Tribal Governments: Melissa Merrill;
Impact on the Private Sector: Amy Petz.
Estimate approved by: Theresa Gullo, Deputy Assistant
Director for Budget Analysis.
Compliance With Public Law 104-4
This bill contains no unfunded mandates.
Earmark Statement
H.R. 2964 does not contain any congressional earmarks,
limited tax benefits, or limited tariff benefits as defined in
clause 9(d), 9(e) or 9(f) of rule XXI.
Preemption of State, Local or Tribal Law
This bill is not intended to preempt any State, local or
tribal law.
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italic, existing law in which no change is
proposed is shown in roman):
LACEY ACT AMENDMENTS OF 1981
* * * * * * *
SEC. 2. DEFINITIONS.
For purposes of this Act:
(a) * * *
* * * * * * *
(g) Prohibited Wildlife Species.--The term ``prohibited
wildlife species'' means any live species of lion, tiger,
leopard, cheetah, jaguar, or cougar or any hybrid of such
species or any nonhuman primate.
* * * * * * *
SEC. 3. PROHIBITED ACTS.
(a) Offenses Other Than Marking Offenses.--It is unlawful for
any person--
(1) * * *
(2) to import, export, transport, sell, receive,
acquire, or purchase in interstate or foreign
commerce--
(A) any fish or wildlife taken, possessed,
transported, or sold in violation of any law or
regulation of any State or in violation of any
foreign law; or
(B) any plant--
(i) taken, possessed, transported, or
sold in violation of any law or
regulation of any State, or any foreign
law, that protects plants or that
regulates--
(I) * * *
* * * * * * *
(iii) taken, possessed, transported,
or sold in violation of any limitation
under any law or regulation of any
State, or under any foreign law,
governing the export or transshipment
of plants[; or];
[(C) any prohibited wildlife species (subject
to subsection (e));]
* * * * * * *
(4) to attempt to commit any act described in
paragraphs (1) through (3) or subsection (e).
* * * * * * *
[(e) Nonapplicability of Prohibited Wildlife Species
Offense.--
[(1) In general.--Subsection (a)(2)(C) does not
apply]
(e) Captive Wildlife Offense.--
(1) In general.--It is unlawful for any person to
import, export, transport, sell, receive, acquire, or
purchase in interstate or foreign commerce any live
animal of any prohibited wildlife species.
(2) Limitation on application.--This subsection--
(A) does not apply to a person transporting a
nonhuman primate to or from a veterinarian 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
documentation issued by the
veterinarian, including the appointment
date and location;
(ii) the nonhuman primate is
transported 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
(iv) such transportation and
provision 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 transporting a
nonhuman primate to a legally designated
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
documentation to support the need for
transporting the nonhuman primate to
the legally designated caregiver;
(ii) the nonhuman primate is
transported 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
restrictions on such transport, and all
applicable State and local requirements
for permits or health certificates, are
complied with; and
(C) does not apply to importation,
exportation, transportation, sale, receipt,
acquisition, or purchase of an animal of [a]
any prohibited wildlife species, by a person
that, under regulations prescribed under
paragraph [(3)] (4), is described in paragraph
[(2)] (3) with respect to that species.
[(2)] (3) Persons described.--A person is described
in this paragraph, if the person--
(A) * * *
* * * * * * *
(C) is an accredited wildlife sanctuary that
cares for prohibited wildlife species and--
(i) * * *
* * * * * * *
(ii) does not commercially trade in
[animals listed in section 2(g)]
prohibited wildlife species, including
offspring, parts, and byproducts of
such animals;
(iii) does not propagate [animals
listed in section 2(g)] prohibited
wildlife species; and
(iv) does not allow direct contact
between the public and [animals]
prohibited wildlife species; or
(D) has custody of the [animal] prohibited
wildlife species solely for the purpose of
expeditiously transporting the [animal]
prohibited wildlife species to a person
described in this paragraph with respect to the
species.
[(3)] (4) Regulations.--Not later than 180 days after
the date of enactment of this subsection, the
Secretary, in cooperation with the Director of the
Animal and Plant Health Inspection Service, shall
promulgate regulations describing the persons described
in paragraph [(2)] (3).
[(4)] (5) State authority.--Nothing in this
subsection preempts or supersedes the authority of a
State to regulate wildlife species within that State.
[(5)] (6) Authorization of appropriations.--There is
authorized to be appropriated to carry out [subsection
(a)(2)(C)] this subsection $3,000,000 for each of
fiscal years 2004 through 2008.
(7) Application.--This subsection shall apply
beginning on the effective date of regulations
promulgated under this subsection.
* * * * * * *
SEC. 4. PENALTIES AND SANCTIONS.
(a) Civil Penalties.--
(1) Any person who engages in conduct prohibited by
any provision of this Act (other than subsections (b),
(d), (e), and (f) of section 3) and in the exercise of
due care should know that the fish or wildlife or
plants were taken, possessed, transported, or sold in
violation of, or in a manner unlawful under, any
underlying law, treaty, or regulation, and any person
who knowingly violates subsection (d), (e), or (f) of
section 3, may be assessed a civil penalty by the
Secretary of not more than $10,000 for each such
violation: Provided, That when the violation involves
fish or wildlife or plants with a market value of less
than $350, and involves only the transportation,
acquisition, or receipt of fish or wildlife or plants
taken or possessed in violation of any law, treaty, or
regulation of the United States, any Indian tribal law,
any foreign law, or any law or regulation of any State,
the penalty assessed shall not exceed the maximum
provided for violation of said law, treaty, or
regulation, or $10,000, whichever is less.
* * * * * * *
(d) Criminal Penalties.--
(1) Any person who--
(A) knowingly imports or exports any fish or
wildlife or plants in violation of any
provision of this Act (other than subsections
(b), (d), (e), and (f) of section 3), or
(B) violates any provision of this Act (other
than subsections (b), (d), (e), and (f) of
section 3) by knowingly engaging in conduct
that involves the sale or purchase of, the
offer of sale or purchase of, or the intent to
sell or purchase, fish or wildlife or plants
with a market value in excess of $350,
knowing that the fish or wildlife or plants were taken,
possessed, transported, or sold in violation of, or in
a manner unlawful under, any underlying law, treaty or
regulation, shall be fined not more than $20,000, or
imprisoned for not more than five years, or both. Each
violation shall be a separate offense and the offense
shall be deemed to have been committed not only in the
district where the violation first occurred, but also
in any district in which the defendant may have taken
or been in possession of the said fish or wildlife or
plants.
(2) Any person who knowingly engages in conduct
prohibited by any provision of this Act (other than
subsections (b), (d), (e), and (f) of section 3) and in
the exercise of due care should know that the fish or
wildlife or plants were taken, possessed, transported,
or sold in violation of, or in a manner unlawful under,
any underlying law, treaty or regulation shall be fined
not more than $10,000, or imprisoned for not more than
one year, or both. Each violation shall be a separate
offense and the offense shall be deemed to have been
committed not only in the district where the violation
first occurred, but also in any district in which the
defendant may have taken or been in possession of the
said fish or wildlife or plants.
(3) Any person who knowingly violates subsection (d),
(e), or (f) of section 3--
(A) * * *
* * * * * * *
SEC. 7. ADMINISTRATION.
(a) Regulations.--
(1) * * *
* * * * * * *
(3) The Secretary shall, in consultation with other
relevant Federal and State agencies, issue regulations
to implement section 3(e).
* * * * * * *
----------
CAPTIVE WILDLIFE SAFETY ACT
* * * * * * *
SEC. 3. PROHIBITED ACTS.
[(a) In General.--Section 3] Section 3 of the Lacey Act
Amendments of 1981 (16 U.S.C. 3372) is amended--
(1) * * *
* * * * * * *
[(b) Application.--Section 3(a)(2)(C) of the Lacey Act
Amendments of 1981 (as added by subsection (a)(1)(A)(iii))
shall apply beginning on the effective date of regulations
promulgated under section 3(e)(3) of that Act (as added by
subsection (a)(2)).]
* * * * * * *
DISSENTING VIEWS
According to various sources, there are approximately
15,000 primate pets in the United States. All pet primates have
been born in the United States and sold by USDA licensed
breeders for the past 33 years and they cost between $3,000 to
$30,000 each. The Captive Wild Animal Protection Coalition has
stated that 132 people have been injured by primates in the
past ten years with nearly 40 percent of those injuries
occurring in laboratories, research facilities, sanctuaries and
zoos. These facilities are all exempt under the Captive Primate
Safety Act. In contrast, there is evidence indicating that
large dogs send nearly 300,000 people to hospital emergency
rooms each year.
It has been argued that primates infect their human hosts
with a variety of deadly diseases. In fact, there is little
documented evidence that primate pets are infecting their human
owners or even have the same diseases that are found in wild
primate populations. During testimony on this legislation, Dr.
Sian Evans, the Director of the DuMond Conservancy for Primates
and Tropical Forests testified that: ``Pet primates are not a
documented source of disease for humans. There is no
documentation or scientific evidence to support these claims.''
In summary, there are more than 40 states that either
prohibit or require a license or permit to own a non-human
primate, a significant number of injuries caused by primates
have happened at exempted facilities such as laboratories,
sanctuaries and zoos, there is no documented evidence that
primate pets are infecting their owners and there is a real
question of whether the U.S. Fish and Wildlife Service should
be responsible for regulating the pet industry, particularly at
a cost of $5 million.
Bill Sali.
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