Captive Primate Safety Act

I 116TH CONGRESS 1ST SESSION H. R. 1776 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, of any live animal of any prohibited wildlife species. IN THE HOUSE OF REPRESENTATIVES MARCH 14, 2019 Mr. BLUMENAUER (for himself and Mr. FITZPATRICK) 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 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, of any live animal of any prohibited wildlife 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 04:53 Mar 29, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H1776.IH H1776 kjohnson on DSK79L0C42 with BILLS 2 •HR 1776 IH SEC. 2. ADDITION OF NONHUMAN PRIMATES TO DEFINI- 1 TION OF PROHIBITED WILDLIFE SPECIES. 2 Section 2(g) of the Lacey Act Amendments of 1981 3 (16 U.S.C. 3371(g)) is amended by inserting before the 4 period at the end ‘‘or any nonhuman primate’’. 5 SEC. 3. CAPTIVE WILDLIFE AMENDMENTS. 6 (a) PROHIBITED ACTS.—Section 3 of the Lacey Act 7 Amendments of 1981 (16 U.S.C. 3372) is amended— 8 (1) in subsection (a)— 9 (A) in paragraph (2)— 10 (i) in subparagraph (A), by inserting 11 ‘‘or’’ after the semicolon; 12 (ii) in subparagraph (B)(iii), by strik- 13 ing ‘‘; or’’ and inserting a semicolon; and 14 (iii) by striking subparagraph (C); 15 and 16 (B) in paragraph (4), by inserting ‘‘or sub- 17 section (e)’’ before the period; and 18 (2) in subsection (e)— 19 (A) by striking ‘‘(e)’’ and all that follows 20 through paragraph (1) and inserting the fol- 21 lowing: 22 ‘‘(e) CAPTIVE WILDLIFE OFFENSE.— 23 ‘‘(1) IN GENERAL.—It is unlawful for any per- 24 son to import, export, transport, sell, receive, ac- 25 quire, or purchase in interstate or foreign commerce, 26 VerDate Sep 11 2014 04:53 Mar 29, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H1776.IH H1776 kjohnson on DSK79L0C42 with BILLS 3 •HR 1776 IH or in a manner substantially affecting interstate or 1 foreign commerce, any live animal of any prohibited 2 wildlife species.’’; and 3 (B) in paragraph (2)— 4 (i) by striking so much as precedes 5 subparagraph (A) and inserting the fol- 6 lowing: 7 ‘‘(2) LIMITATION ON APPLICATION.—Paragraph 8 (1) does not apply to any person who—’’; 9 (ii) in subparagraph (A), by inserting 10 before the semicolon at the end ‘‘and does 11 not allow direct contact between any mem- 12 ber of the public and a live bear, tiger, 13 lion, jaguar, cougar, African leopard, snow 14 leopard, ape, gibbon, siamang, monkey, or 15 loris, regardless of the age of the animal’’; 16 (iii) in subparagraph (B), by striking 17 ‘‘State-licensed wildlife rehabilitator,’’; 18 (iv) in subparagraph (C)— 19 (I) by striking ‘‘an accredited’’ 20 and inserting ‘‘a’’; 21 (II) in clauses (ii) and (iii), by 22 striking ‘‘animals listed in section 23 2(g)’’ each place it appears and in- 24 VerDate Sep 11 2014 04:53 Mar 29, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H1776.IH H1776 kjohnson on DSK79L0C42 with BILLS 4 •HR 1776 IH serting ‘‘prohibited wildlife species’’; 1 and 2 (III) in clause (iv), by striking 3 ‘‘animals’’ and inserting ‘‘prohibited 4 wildlife species’’; and 5 (v) in subparagraph (D), by striking 6 ‘‘animal’’ each place it appears and insert- 7 ing ‘‘prohibited wildlife species’’. 8 (b) CIVIL PENALTIES.—Section 4(a)(1) of the Lacey 9 Act Amendments of 1981 (16 U.S.C. 3373(a)(1)) is 10 amended— 11 (1) by inserting ‘‘(e),’’ after ‘‘subsections (b), 12 (d),’’; and 13 (2) by inserting ‘‘, (e),’’ after ‘‘subsection (d)’’. 14 (c) 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 subparagraphs (A) and (B) of paragraph 18 (1), by inserting ‘‘(e),’’ after ‘‘subsections (b), (d),’’ 19 each place it appears; 20 (2) in paragraph (2), by inserting ‘‘(e),’’ after 21 ‘‘subsections (b), (d),’’; and 22 (3) in paragraph (3), by inserting ‘‘, (e),’’ after 23 ‘‘subsection (d)’’. 24 (d) EFFECTIVE DATE; REGULATIONS.— 25 VerDate Sep 11 2014 04:53 Mar 29, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H1776.IH H1776 kjohnson on DSK79L0C42 with BILLS 5 •HR 1776 IH (1) EFFECTIVE DATE.—Subsections (a) 1 through (c), and the amendments made by those 2 subsections, shall take effect on the earlier of— 3 (A) the date of promulgation of regulations 4 under paragraph (2); and 5 (B) the expiration of the period referred to 6 in paragraph (2). 7 (2) REGULATIONS.—Not later than 180 days 8 after the date of enactment of this Act, the Sec- 9 retary of the Interior shall promulgate regulations 10 implementing the amendments made by this section. 11 SEC. 4. APPLICABILITY PROVISION AMENDMENT. 12 Section 3 of the Captive Wildlife Safety Act (117 13 Stat. 2871; Public Law 108–191) is amended— 14 (1) in subsection (a), by striking ‘‘(a) IN GEN- 15 ERAL.—Section 3’’ and inserting ‘‘Section 3’’; and 16 (2) by striking subsection (b). 17 SEC. 5. REGULATIONS. 18 Section 7(a) of the Lacey Act Amendments of 1981 19 (16 U.S.C. 3376(a)) is amended by adding at the end the 20 following: 21 ‘‘(3) The Secretary shall, in consultation with 22 other relevant Federal and State agencies, promul- 23 VerDate Sep 11 2014 04:53 Mar 29, 2019 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H1776.IH H1776 kjohnson on DSK79L0C42 with BILLS 6 •HR 1776 IH gate any regulations necessary to implement section 1 3(e).’’. 2 Æ VerDate Sep 11 2014 04:53 Mar 29, 2019 Jkt 089200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6301 E:\BILLS\H1776.IH H1776 kjohnson on DSK79L0C42 with BILLS