[Senate Report 109-263]
[From the U.S. Government Publishing Office]
Calendar No. 471
109th Congress Report
SENATE
2nd Session 109-263
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CAPTIVE PRIMATE SAFETY ACT OF 2005
_______
June 19, 2006.--Ordered to be printed
_______
Mr. Inhofe, from the Committee on Environment and Public Works,
submitted the following
REPORT
[to accompany S. 1509]
[Including cost estimate of the Congressional Budget Office]
The Committee on Environment and Public Works, to which was
referred a bill (S. 1509) to amend the Lacey Act Amendments of
1981 to add nonhuman primates to the definition of prohibited
wildlife species, having considered the same, reports favorably
thereon without amendment and recommends that the bill do pass.
General Statement and Background
Nonhuman primates kept as pets pose serious risks to public
health and safety. These animals can be dangerous and can
spread life-threatening diseases. Infant primates often seem
cute and cooperative, but they inevitably grow larger, stronger
and more aggressive. They can inflict serious harm by biting
and scratching. Removing their teeth, as some pet owners do, is
cruel and no safeguard against injury. The Captive Wild Animal
Protection Coalition reported that, from January 1, 1995 to
January 1, 2005, there were 132 dangerous incidents reported
involving primates. The break down of these incidents by type
of owner is as follows:
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Research Quarantine
Pet Facility Facility Circus Sanctuary Zoo Dealer Exhibitor Unknown
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80...................................... 7 1 1 1 18 1 13 10
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Many more incidents may have occurred, but went unreported.
Most incidents occur when primates have contact with people
other than their owners or trained caretakers. The probability
of contact with strangers and untrained people increases during
interstate transport.
Nonhuman primates can potentially transmit diseases
including Herpes B, monkeypox, Simian Immunodeficiency Virus
(SIV), tuberculosis, yellow fever, and the Ebola virus. There
are more than 240 species of extant primates. Primates fall
into four categories: apes, old world monkeys, new world
monkeys, and prosimians. The species from each group most
commonly seen in the United States as pets are described below
along with brief descriptions of some of the dangers that may
accompany them.
Apes
chimpanzees and gibbons
All great apes become intractable during and
post-puberty. They are extremely muscular and can cause great
injury even without intention.
Molloscum contagiosum is an example of a virus
transported only from chimpanzees to humans as a small,
domelike waxy papule on the face and eyelids.
Because of the close genetic relationship,
almost all diseases can be transmitted between apes and humans.
Old World Monkeys
rhesus macaques, vervets, cynomolgus monkeys, and baboons
Old world monkeys are tremendously aggressive
and dangerous in close proximity to humans, especially after
puberty.
Old world monkeys should be considered carriers
of Herpes B, a virus that can be passed to humans through bites
and through the airborne transmission of the disease in the
form of vapor, fine particles, or larger droplets from body
fluids and feces.
The vervet monkey is known to often carry the
Marburg virus, a disease that has been fatal to humans in 7 out
of 31 cases. No symptoms are shown until death and all vervets
should be treated as if infected.
New World Monkeys
wooley monkeys, capuchins, squirrel monkeys, marmosets, spider monkeys,
and owl monkeys
New world monkeys tend to be less aggressive but
are far more difficult to adapt to a pet environment.
New world monkeys often carry diseases, such as
measles, easily contracted by young children and the elderly.
All four poxviruses are found in new world
monkeys, with monkeypox being the most frequent.
Viral hepatitis A is common in capuchins, owl
monkeys, and tamarins. Often undetectable in the monkeys, the
disease can still be passed to humans. Primate handlers often
contract this virus from recently shipped animals.
New world monkeys (mostly frugivores) are
especially prime cadidates for klebsiella and other water-
borne, gram-negative bacteria. Infected primates pose a serious
danger to human infants and children with mild respiratory
infections.
Prosimians
galagos, tarsiers, lemurs, and lorises
Prosimians may appear small and cuddly but have
fierce and dangerous bites.
Prosimians are likely to carry tuberculosis,
bacterial pathogens such as salmonella, and both endo-and ecto-
parasites.
All nonhuman primates may carry diseases that can be passed
to their human caretakers. Poxviruses can be found in all
primates and transmitted to humans. Like humans, all primates
can be infected with bacterial infection. The bacteria of most
concern are Mycobacteriaciae (tuberculosis), Shigella/
Salmonella, Campylobacter, and Klebsiella. Tuberculosis is
common among pet primates and their owners. In addition, many
primates carry parasites that are easily transmitted to humans.
In addition, captive nonhuman primates require a
specialized diet, companionship from other nonhuman primates,
and housing in very large enclosures. If a nonhuman primate
becomes too difficult to handle for a pet owner, there are few
options for caring for them.
Because of the serious health risk, importing nonhuman
primates to the U.S. for the pet trade has been banned by
Federal regulation since 1975. In addition, many States already
prohibit these animals as pets. Still, there is a vigorous
trade of those animals already in the country and held in
private ownership. Estimates are that 15,000 are privately
owned. However, the pet trade is largely unregulated,
therefore, that number may be much higher. Because many of
these animals are moved in interstate commerce, Federal
legislation is needed.
Objectives of the Legislation
S. 1509 amends the Lacey Act by adding nonhuman primates to
the list of animals that cannot be transported, sold, received,
acquired or purchased in interstate or foreign commerce. It has
no impact on the trade or transportation of nonhuman primates
owned by 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.
The bill is similar to the Captive Wildlife Safety Act,
which Congress passed in 2003 to prohibit interstate commerce
in lions, tigers, and other big cats for the pet trade.
Section-by-Section Analysis
Section 1. Short title.
This section provides that this Act may be cited as the
``Captive Primate Safety Act of 2005''.
Sec. 2. Addition of nonhuman primates to the definition of prohibited
wildlife species.
This section amends the Lacey Act by adding nonhuman
primates to the list of animals that cannot be transported,
sold, received, acquired or purchased in interstate or foreign
commerce.
Legislative History
On July 27, 2005, Senator Jeffords introduced S. 1509,
which was cosponsored by Senators Chafee, Lautenberg, Lieberman
and Ensign. The bill was received, read twice and referred to
the Senate Committee on Environment and Public Works. The
committee met on May 23, 2006, to consider the bill. S. 1509
was ordered favorably reported without amendment by voice vote.
Hearings
No committee hearings were held on S. 1509.
Rollcall Votes
The Committee on Environment and Public Works met to
consider S. 1509 on May 23, 2006. The bill was ordered
favorably reported by voice vote. No roll call votes were
taken.
Regulatory Impact Statement
In compliance with section 11(b) of rule XXVI of the
Standing Rules of the Senate, the committee finds that S. 1509
does not create any additional regulatory burdens, nor will it
cause any adverse impact on the personal privacy of
individuals.
Mandates Assessment
In compliance with the Unfunded Mandates Reform Act of 1995
(Public Law 104-4), the committee finds that S. 1509 would not
impose Federal intergovernmental unfunded mandates on State,
local, or tribal governments.
Cost of Legislation
Section 403 of the Congressional Budget and Impoundment
Control Act requires that a statement of the cost of the
reported bill, prepared by the Congressional Budget Office, be
included in the report. That statement follows:
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S. 1509, Captive Primate Safety Act of 2005, As ordered reported by the
Senate Committee on Environment and Public Works on May 23,
2006
Summary
S. 1509 would amend the Lacey Act to prohibit interstate
and foreign trade of nonhuman primates. CBO estimates that
implementing the bill would cost $17 million over the 2007-2011
period, assuming appropriation of the necessary amounts. The
bill could increase direct spending and revenue collections,
but we estimate that any such changes would be insignificant.
S. 1509 contains no intergovernmental mandates as defined
in the Unfunded Mandates Reform Act (UMRA) and would impose no
costs on State, local, or tribal governments.
S. 1509 would impose a private-sector mandate as defined in
UMRA on certain entities that handle nonhuman primates. Based
on information from government and industry sources, CBO
estimates that the direct costs of the mandate would fall below
the annual threshold established in UMRA ($128 million in 2006,
adjusted for inflation).
Estimated Cost to the Federal Government
The estimated budgetary impact of S. 1509 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
------------------------------------------------------------------------
2007 2008 2009 2010 2011
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CHANGES IN SPENDING SUBJECT TO
APPROPRIATION
Estimated Authorization Level... 2 3 4 4 4
Estimated Outlays............... 2 3 4 4 4
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Basis of Estimate
S. 1509 would make it illegal to import, export, transport,
sell, receive, acquire, or purchase nonhuman primates (e.g.,
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 S. 1509 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 3
years to reach that level of effort. Thus, we estimate that the
added duties for USFWS would cost about $17 million over the
2007-2011 period, assuming appropriation of the necessary
amounts.
Enacting S. 1509 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
S. 1509 contains no intergovernmental mandates as defined
in UMRA and would impose no costs on State, local, or tribal
governments.
Estimated Impact on the Private Sector
S. 1509 would impose a private-sector mandate by
prohibiting persons, with some exceptions, from importing,
exporting, transporting, selling, receiving, acquiring, or
purchasing in interstate or foreign commerce nonhuman primates
(including lemurs, monkeys, and apes). The bill would exempt
several groups from the prohibition, including: entities that
are licensed or registered and inspected by a Federal agency; a
State college, university, or agency, or certain persons
licensed by the State; other groups such as accredited wildlife
sanctuaries that qualify under the bill's criteria; and
individuals that have custody of nonhuman primates solely for
the purpose of transporting them to an exempted individual.
The Endangered Species Act already prohibits the interstate
sale and international trade of certain nonhuman primates that
qualify under the act. In addition, the international trade of
nonhuman primates is regulated under the Convention on
International Trade in Endangered Species of Wild Fauna and
Flora. The Convention, to which the United States is a party,
requires all import, export, re-export, and introduction of
species covered by the Convention to be authorized through a
licensing system. This bill would expand the list of nonhuman
primates for which commercial activities are regulated.
The cost of the mandate would be either the cost of getting
licensed, registered, or accredited for those who are not
required to do so under current law or the forgone net income
from lost sales. According to government sources and
information from wildlife sanctuaries, the bill would not cause
significant new activity in the demand for licenses or
accreditations. Those sources estimate that fewer than 20
wildlife sanctuaries would have to be accredited in order for
them to continue to harbor nonhuman primates. CBO expects that
the incremental costs to the entities that would have get
accredited, licensed, or registered in order to deal with
nonhuman primates would not be substantial. Also, under the
bill, breeders currently licensed by the United States
Department of Agriculture would not be able to obtain a license
to breed and sell nonhuman primates. According to several
industry observers, the forgone net income from lost sales
would not be substantial. Consequently, CBO estimates that the
cost to the private sector of complying with the mandate would
fall below the annual threshold established in UMRA ($128
million in 2006, adjusted for inflation).
Estimate Prepared By: Federal Costs: Matthew Pickford;
Impact on State, Local, and Tribal Governments: Marjorie
Miller; Impact on the Private Sector: Amy Petz.
Estimate Approved By: Robert A. Sunshine, Assistant
Director for Budget Analysis.
Changes in Existing Law
In compliance with section 12 of rule XXVI of the Standing
Rules of the Senate, 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:
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[16 U.S.C. 3371(G)]
TITLE 16. CONSERVATION
CHAPTER 53. CONTROL OF ILLEGALLY TAKEN FISH AND WILDLIFE
SECTION 3371. DEFINITIONS.
For the purposes of this chapter:
(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 a
species or any nonhuman primate.
* * * * * * *