Captive Primate Safety Act

II 116TH CONGRESS 1ST SESSION S. 2562 To amend the Lacey Act Amendments of 1981 to prohibit the 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 SENATE OF THE UNITED STATES SEPTEMBER 26, 2019 Mr. BLUMENTHAL (for himself, Mr. MURPHY, Mr. SANDERS, Mr. MENENDEZ, Mr. VAN HOLLEN, Mr. WHITEHOUSE, Mrs. FEINSTEIN, Mrs. GILLI- BRAND, Mr. MERKLEY, Mr. REED, Mr. MARKEY, Mr. BOOKER, and Ms. HARRIS) 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 the importation, exportation, transportation, sale, receipt, acquisition, 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 VerDate Sep 11 2014 22:24 Oct 04, 2019 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S2562.IS S2562 kjohnson on DSK79L0C42 with BILLS 2 •S 2562 IS SECTION 1. SHORT TITLE. 1 This Act may be cited as the ‘‘Captive Primate Safety 2 Act’’. 3 SEC. 2. ADDITION OF NONHUMAN PRIMATES TO DEFINI- 4 TION OF PROHIBITED WILDLIFE SPECIES. 5 Section 2(g) of the Lacey Act Amendments of 1981 6 (16 U.S.C. 3371(g)) is amended— 7 (1) by striking ‘‘means any live species’’ and in- 8 serting the following: ‘‘means any live— 9 ‘‘(1) species’’; and 10 (2) by striking ‘‘cougar or any hybrid of such 11 species.’’ and inserting the following: ‘‘cougar; 12 ‘‘(2) hybrid of a species described in paragraph 13 (1); or 14 ‘‘(3) nonhuman primate.’’. 15 SEC. 3. CAPTIVE WILDLIFE AMENDMENTS. 16 (a) PROHIBITED ACTS.—Section 3 of the Lacey Act 17 Amendments of 1981 (16 U.S.C. 3372) is amended— 18 (1) in subsection (a)— 19 (A) in paragraph (2)— 20 (i) in subparagraph (A), by adding 21 ‘‘or’’ after the semicolon; 22 (ii) in subparagraph (B)(iii), by strik- 23 ing ‘‘; or’’ and inserting a semicolon; and 24 (iii) by striking subparagraph (C); 25 and 26 VerDate Sep 11 2014 22:24 Oct 04, 2019 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S2562.IS S2562 kjohnson on DSK79L0C42 with BILLS 3 •S 2562 IS (B) in paragraph (4), by inserting ‘‘or sub- 1 section (e)’’ before the period; and 2 (2) in subsection (e)— 3 (A) by striking the subsection designation 4 and heading and all that follows through the 5 period at the end of paragraph (1) and insert- 6 ing the following: 7 ‘‘(e) CAPTIVE WILDLIFE OFFENSE.— 8 ‘‘(1) IN GENERAL.—Except as provided in para- 9 graph (2), it is unlawful for any person to import, 10 export, transport, sell, receive, acquire, or purchase 11 in interstate or foreign commerce, or in a manner 12 substantially affecting interstate or foreign com- 13 merce, any live animal of any prohibited wildlife spe- 14 cies.’’; 15 (B) in paragraph (2)— 16 (i) by striking the paragraph designa- 17 tion and heading and all that follows 18 through ‘‘person—’’ in the matter pre- 19 ceding subparagraph (A) and inserting the 20 following: 21 ‘‘(2) LIMITATION ON APPLICATION.—Paragraph 22 (1) does not apply to any person that—’’; 23 (ii) in subparagraph (A)— 24 VerDate Sep 11 2014 22:24 Oct 04, 2019 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S2562.IS S2562 kjohnson on DSK79L0C42 with BILLS 4 •S 2562 IS (I) by striking ‘‘(A) is licensed’’ 1 and inserting ‘‘(A)(i) is licensed’’; and 2 (II) in clause (i) (as so des- 3 ignated), by striking ‘‘species;’’ and 4 inserting the following: ‘‘species; and 5 ‘‘(ii) does not allow direct contact between 6 any member of the public and a live bear, tiger, 7 lion, jaguar, cougar, African leopard, snow leop- 8 ard, ape, gibbon, siamang, monkey, or loris, re- 9 gardless of the age of the live animal;’’; 10 (iii) in subparagraph (B), by striking 11 ‘‘, State-licensed wildlife rehabilitator,’’; 12 (iv) in subparagraph (C)— 13 (I) by striking ‘‘an accredited’’ 14 and inserting ‘‘a’’; 15 (II) in clause (ii), by striking 16 ‘‘such animals’’ and inserting ‘‘a pro- 17 hibited wildlife species’’; 18 (III) in clauses (ii) and (iii), by 19 striking ‘‘animals listed in section 20 2(g)’’ each place it appears and in- 21 serting ‘‘any prohibited wildlife spe- 22 cies’’; and 23 VerDate Sep 11 2014 22:24 Oct 04, 2019 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S2562.IS S2562 kjohnson on DSK79L0C42 with BILLS 5 •S 2562 IS (IV) in clause (iv), by striking 1 ‘‘animals’’ and inserting ‘‘a prohibited 2 wildlife species’’; and 3 (v) in subparagraph (D), by striking 4 ‘‘animal’’ each place it appears and insert- 5 ing ‘‘prohibited wildlife species’’; 6 (C) by striking paragraphs (3) and (5); 7 and 8 (D) by redesignating paragraph (4) as 9 paragraph (3). 10 (b) CIVIL PENALTIES.—Section 4(a)(1) of the Lacey 11 Act Amendments of 1981 (16 U.S.C. 3373(a)(1)) is 12 amended— 13 (1) by inserting ‘‘(e),’’ after ‘‘subsections (b), 14 (d),’’; and 15 (2) by inserting ‘‘, (e),’’ after ‘‘subsection (d)’’. 16 (c) CRIMINAL PENALTIES.—Section 4(d) of the 17 Lacey Act Amendments of 1981 (16 U.S.C. 3373(d)) is 18 amended— 19 (1) in paragraph (1), in subparagraphs (A) and 20 (B), by inserting ‘‘(e),’’ after ‘‘subsections (b), (d),’’ 21 each place it appears; 22 (2) in paragraph (2), by inserting ‘‘(e),’’ after 23 ‘‘subsections (b), (d),’’; and 24 VerDate Sep 11 2014 22:24 Oct 04, 2019 Jkt 099200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S2562.IS S2562 kjohnson on DSK79L0C42 with BILLS 6 •S 2562 IS (3) in paragraph (3), by inserting ‘‘, (e),’’ after 1 ‘‘subsection (d)’’. 2 (d) EFFECTIVE DATE.—Subsections (a) through (c), 3 and the amendments made by those subsections, shall take 4 effect on the earlier of— 5 (1) the date of promulgation of regulations 6 under paragraph (3) of section 7(a) of the Lacey 7 Act Amendments of 1981 (16 U.S.C. 3376(a)) (as 8 added by section 4); and 9 (2) the expiration of the period described in 10 that paragraph. 11 SEC. 4. REGULATIONS. 12 Section 7(a) of the Lacey Act Amendments of 1981 13 (16 U.S.C. 3376(a)) is amended by adding at the end the 14 following: 15 ‘‘(3) Not later than 180 days after the date of 16 enactment of the Captive Primate Safety Act, the 17 Secretary shall— 18 ‘‘(A) in consultation with other relevant 19 Federal and State agencies, promulgate regula- 20 tions to implement section 3(e) (as amended by 21 section 3(a) of that Act, notwithstanding sec- 22 tion 3(d) of that Act); and 23 ‘‘(B) promulgate regulations to implement 24 any other amendments made by section 3 of 25 VerDate Sep 11 2014 22:24 Oct 04, 2019 Jkt 099200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S2562.IS S2562 kjohnson on DSK79L0C42 with BILLS 7 •S 2562 IS that Act (notwithstanding section 3(d) of that 1 Act).’’. 2 Æ VerDate Sep 11 2014 22:24 Oct 04, 2019 Jkt 099200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6301 E:\BILLS\S2562.IS S2562 kjohnson on DSK79L0C42 with BILLS