Captive Primate Safety Act

II 117TH CONGRESS 1ST SESSION S. 1588 To amend the Lacey Act Amendments of 1981 to prohibit importation, exportation, transportation, sale, receipt, acquisition, and purchase in interstate or foreign commerce, or in a manner substantially affecting interstate or foreign commerce, or possession, of any live animal of any prohibited primate species. IN THE SENATE OF THE UNITED STATES MAY 12, 2021 Mr. BLUMENTHAL (for himself, Mr. BOOKER, Mrs. FEINSTEIN, Mrs. GILLI- BRAND, and Mr. MARKEY) 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 importation, exportation, transportation, sale, receipt, ac- quisition, and purchase in interstate or foreign com- merce, or in a manner substantially affecting interstate or foreign commerce, or possession, of any live animal of any prohibited primate species. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Captive Primate Safety 4 Act’’. 5 VerDate Sep 11 2014 23:40 May 26, 2021 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S1588.IS S1588 kjohnson on DSK79L0C42PROD with BILLS 2 •S 1588 IS SEC. 2. DEFINITION OF PROHIBITED PRIMATE SPECIES. 1 Section 2 of the Lacey Act Amendments of 1981 (16 2 U.S.C. 3371) is amended— 3 (1) by redesignating paragraphs (g) through (k) 4 as paragraphs (h) through (l), respectively; and 5 (2) by inserting after paragraph (f) the fol- 6 lowing: 7 ‘‘(g) PROHIBITED PRIMATE SPECIES.—The term 8 ‘prohibited primate species’ means any live species of 9 nonhuman primate, including chimpanzees, galagos, gib- 10 bons, gorillas, lemurs, lorises, monkeys, orangutans, 11 tarsiers, or any hybrid of such a species.’’. 12 SEC. 3. PROHIBITIONS. 13 (a) PROHIBITED ACTS.—Section 3 of the Lacey Act 14 Amendments of 1981 (16 U.S.C. 3372) is amended— 15 (1) in subsection (a)— 16 (A) in paragraph (3)(B)(iii), by striking ‘‘; 17 or’’ and inserting a semicolon; and 18 (B) by striking paragraph (4) and insert- 19 ing the following: 20 ‘‘(4) subject to subsection (f), to import, export, 21 transport, sell, receive, acquire, or purchase in inter- 22 state or foreign commerce, or in a manner substan- 23 tially affecting interstate or foreign commerce, or to 24 possess, any prohibited primate species; or 25 VerDate Sep 11 2014 23:40 May 26, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S1588.IS S1588 kjohnson on DSK79L0C42PROD with BILLS 3 •S 1588 IS ‘‘(5) to attempt to commit any act described in 1 paragraphs (1) through (4).’’; 2 (2) by redesignating subsection (f) as sub- 3 section (g); and 4 (3) by inserting before subsection (g) (as so re- 5 designated) the following: 6 ‘‘(f) NONAPPLICABILITY OF PROHIBITED PRIMATE 7 SPECIES OFFENSE.—Subsection (a)(4) does not apply 8 to— 9 ‘‘(1) a person exhibiting animals to the public 10 under a Class C license issued by the Department of 11 Agriculture, or a Federal facility registered with the 12 Department of Agriculture that exhibits animals, if 13 such person or facility— 14 ‘‘(A) holds such license or registration in 15 good standing; and 16 ‘‘(B) does not allow any individual to come 17 into direct physical contact with a prohibited 18 primate species, other than a lemur or a galago, 19 unless that individual is— 20 ‘‘(i) a trained professional employee or 21 contractor of the person or facility, or an 22 accompanying employee receiving profes- 23 sional training; 24 VerDate Sep 11 2014 23:40 May 26, 2021 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S1588.IS S1588 kjohnson on DSK79L0C42PROD with BILLS 4 •S 1588 IS ‘‘(ii) a licensed veterinarian, or a vet- 1 erinary student accompanying such a vet- 2 erinarian; or 3 ‘‘(iii) directly supporting conservation 4 programs of the entity or facility, the con- 5 tact is not in the course of commercial ac- 6 tivity (which may be evidenced by adver- 7 tisement or promotion of such activity or 8 other relevant evidence), and the contact is 9 incidental to humane husbandry conducted 10 pursuant to a species-specific, publicly 11 available, peer-edited population manage- 12 ment and care plan that has been provided 13 to the Secretary with justifications that the 14 plan— 15 ‘‘(I) reflects established conserva- 16 tion science principles; 17 ‘‘(II) incorporates genetic and de- 18 mographic analysis of a multi-institu- 19 tion population of animals covered by 20 the plan; and 21 ‘‘(III) promotes animal welfare 22 by ensuring that the frequency of 23 breeding is appropriate for the spe- 24 cies; 25 VerDate Sep 11 2014 23:40 May 26, 2021 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S1588.IS S1588 kjohnson on DSK79L0C42PROD with BILLS 5 •S 1588 IS ‘‘(2) a person registered as a research facility 1 by the Department of Agriculture; 2 ‘‘(3) a State college, university, or agency, or a 3 State-licensed veterinarian; 4 ‘‘(4) a wildlife sanctuary that cares for prohib- 5 ited primate species, and— 6 ‘‘(A) is a corporation that is exempt from 7 taxation under section 501(a) of the Internal 8 Revenue Code of 1986 and described in sections 9 501(c)(3) and 170(b)(1)(A)(vi) of such Code; 10 ‘‘(B) does not commercially trade in any 11 prohibited primate species, including offspring, 12 parts, and byproducts of such animals; 13 ‘‘(C) does not breed any prohibited primate 14 species; 15 ‘‘(D) does not allow direct contact between 16 the public and any prohibited primate species; 17 and 18 ‘‘(E) does not allow the transportation and 19 display of any prohibited primate species off- 20 site; 21 ‘‘(5) a person that has custody of any prohib- 22 ited primate species solely for the purpose of expedi- 23 tiously transporting the prohibited primate species 24 VerDate Sep 11 2014 23:40 May 26, 2021 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S1588.IS S1588 kjohnson on DSK79L0C42PROD with BILLS 6 •S 1588 IS to a person described in this subsection with respect 1 to the species; or 2 ‘‘(6) a person that is in possession of any pro- 3 hibited primate species that was born before the 4 date of the enactment of the Captive Primate Safety 5 Act, if the person— 6 ‘‘(A) not later than 180 days after the date 7 of the enactment of such Act, registers each in- 8 dividual animal of each prohibited primate spe- 9 cies possessed by the person with the United 10 States Fish and Wildlife Service; 11 ‘‘(B) does not breed, acquire, or sell any 12 prohibited primate species after the date of the 13 enactment of such Act; and 14 ‘‘(C) does not allow direct contact between 15 the public and prohibited primate species.’’. 16 (b) CIVIL PENALTIES.—Section 4(a)(1) of the Lacey 17 Act Amendments of 1981 (16 U.S.C. 3373(a)(1)) is 18 amended— 19 (1) by striking ‘‘and (f)’’ and inserting ‘‘(f), 20 and (g)’’; and 21 (2) by striking ‘‘or (f)’’ and inserting ‘‘(f), or 22 (g)’’. 23 VerDate Sep 11 2014 23:40 May 26, 2021 Jkt 019200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S1588.IS S1588 kjohnson on DSK79L0C42PROD with BILLS 7 •S 1588 IS (c) CRIMINAL PENALTIES.—Section 4(d) of the 1 Lacey Act Amendments of 1981 (16 U.S.C. 3373(d)) is 2 amended— 3 (1) in paragraph (1), by striking ‘‘and (f)’’ each 4 place it appears and inserting ‘‘(f), and (g)’’; and 5 (2) in paragraph (3), by striking ‘‘(d) or (f)’’ 6 and inserting ‘‘(d), (f), or (g)’’. 7 (d) EFFECTIVE DATE; REGULATIONS.— 8 (1) EFFECTIVE DATE.—Subsections (a) 9 through (c), and the amendments made by those 10 subsections, shall take effect on the earlier of— 11 (A) the date of promulgation of regulations 12 under paragraph (2); and 13 (B) the expiration of the period referred to 14 in paragraph (2). 15 (2) REGULATIONS.—Not later than the end of 16 the 180-day period beginning on the date of the en- 17 actment of this Act, the Secretary of the Interior 18 shall promulgate regulations implementing the 19 amendments made by this section. 20 SEC. 4. REGULATIONS. 21 Section 7(a) of the Lacey Act Amendments of 1981 22 (16 U.S.C. 3376(a)) is amended— 23 (1) in paragraph (1), by striking ‘‘3(f)’’ and in- 24 serting ‘‘3(g)’’; and 25 VerDate Sep 11 2014 23:40 May 26, 2021 Jkt 019200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S1588.IS S1588 kjohnson on DSK79L0C42PROD with BILLS 8 •S 1588 IS (2) by adding at the end the following: 1 ‘‘(3) The Secretary shall, in consultation with 2 other relevant Federal and State agencies, promul- 3 gate any regulations necessary to implement section 4 3(f).’’. 5 Æ VerDate Sep 11 2014 23:40 May 26, 2021 Jkt 019200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6301 E:\BILLS\S1588.IS S1588 kjohnson on DSK79L0C42PROD with BILLS