[Senate Report 110-210]
[From the U.S. Government Publishing Office]
Calendar No. 455
110th Congress Report
SENATE
1st Session 110-210
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CAPTIVE PRIMATE SAFETY ACT
_______
October 29, 2007.--Ordered to be printed
_______
Mrs. Boxer, from the Committee on Environment and Public Works,
submitted the following
R E P O R T
[To accompany S. 1498]
[Including cost estimate of the Congressional Budget Office]
The Committee on Environment and Public Works, to which was
referred a bill (S. 1498) to amend the Lacey Act Amendments of
1981 to prohibit the import, export, transportation, sale,
receipt, acquisition, or purchase in interstate of Foreign
commerce of any live animal of any prohibited wildlife species,
and for other purposes, having considered the same, reports
favorably thereon with amendments and recommends that the bill
as amended, 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
endearing and cooperative, but they 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 incidents reported of human
injury caused by captive primates or escapes of captive
primates in the United States. The breakdown of these incidents
by type of owner is as follows:
Pet............................................................... 80
Research facility................................................. 7
Quarantine facility............................................... 1
Circus............................................................ 1
Sanctuary......................................................... 1
Zoo............................................................... 18
Dealer............................................................ 1
Exhibitor......................................................... 13
Unknown........................................................... 10
More incidents may have occurred but gone 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 U.S. as pets are described below along
with brief selections of the dangers that accompany them.
Apes
CHIMPANZEES AND GIBBONS
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 our 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 can be 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
but also through the airborne transmission of the disease in
the form of vapor, fine particles, or larger droplets from body
fluids and feces.
Live rabies vaccines commonly given to dogs and
cats can cause rabies in old world monkeys which can then be
spread to humans.
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 candidates for klebsiella and other water-
borne, gram-negative bacteria. Infected primates pose a serious
danger to human infants, and children with mild respirator
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 non-human primates may carry diseases that can be
passed to their human caretakers.
Poxviruses can be found in all primates. The most
common of these is monkey pox, which can be passed to humans as
small pox. All recent purported small pox outbreaks appear to
have been transmitted from monkeys. Humans can also be infected
with other poxviruses carried by primates.
Like humans, all primates can be infected with
bacterial infection. The bacteria that deserve the most concern
are Mycobacteriaciae (tuberculosis), Shigella/Salmonella,
Campylo-bacter, and Klebsiella. Tuberculosis is especially
common among pet primates and their owners. In addition, many
primates carry parasites that are easily transmitted to human
beings.
In addition, 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 the 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 in these animals. Estimates are that 15,000 are in
private hands; however, as the trade is largely unregulated,
the number may be much higher. Because many of these animals
move in interstate commerce, federal legislation is needed.
Objectives of the Legislation
S. 1498 amends the Lacey Act by adding monkeys, apes, and
other nonhuman primates to the list of animals that cannot be
transported across state lines for the pet trade. It has no
impact on 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. The bill is similar to the Captive Wildlife Safety Act,
which Congress passed in 2003 to ban interstate commerce in
lions, tigers, and other big cats for the pet trade.
S. 1509 also makes technical corrections to the Lacey Act
Amendments of 1981 and the Captive Wildlife Safety Act (CWSA)
in order to ensure that the CWSA provisions found in 16 U.S.C
3372 are fully enforceable. After the development of the
regulations to implement the CWSA, the U.S. Fish and Wildlife
Service (Service) became concerned that in certain cases
enforcement of the CWSA might be questioned because of the
provision's location within the Lacey Act Amendments of 1981.
Specifically, the Lacey Act's civil and criminal wildlife
trafficking prohibitions are built upon a two-part prohibition
scheme. Each trafficking violation requires proof of two acts
involving 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
imported, exported, transported, sold, received, acquired or
purchased. Although it was not Congress' intent, the Service is
concerned that the Act might be interpreted as providing that
these two prohibited acts cannot be collapsed into one step or
act committed by the defendant. Therefore, based on the
recommendations of the Service and the Department of Justice,
this technical correction moves the CWSA provisions to another
part of the Lacey Act to make it clear beyond peradventure that
the CWSA is fully enforceable.
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.
Sec. 3. Captive wildlife amendments
This section makes technical corrections to section 3 of
the Lacey Act Amendments of 1981 (16 U.S.C. 3372, 3373(a) and
3373(d)).
Sec. 4. Applicability provision amendment
This section makes technical corrections to section 3 of
the Captive Wildlife Safety Act (117 Stat. 2871; Public Law
108-191).
Legislative History
In the 109th Congress, similar legislation, S. 1509, was
introduced by Senator Jeffords, and cosponsored by Senators
Chaffee, Lieberman, Lautenberg, Ensign, Vitter, and Menendez.
The bill was reported by the Senate Environment and Public
Works Committee on June 19, 2006, accompanied by written report
No. 109-263. On July 11, 2006, the bill passed the Senate
without amendment by Unanimous Consent.
On May 24, 2007, Senator Boxer introduced S. 1498, which
was cosponsored by Senators Vitter, Lautenberg, Lieberman and
Menendez. The bill was received, read twice and referred to the
Senate Committee on Environment and Public Works. The committee
met on July 31, 2007, to consider the bill. S. 1498 was ordered
to be reported with an amendment favorably.
Hearings
No committee hearings were held on S. 1498.
Rollcall Votes
The Committee on Environment and Public Works met to
consider S. 1468 on July 31, 2007. 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. 1498
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. 1498 would not
impose Federal intergovernmental unfunded mandates on State,
local, or tribal governments.
Congressional Budget Office Cost Estimate
Summary: S. 1498 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 2008-2012 period, assuming appropriation of the
necessary amounts. The bill could increase revenue collections
and direct spending, but we estimate that any such changes
would be insignificant.
S. 1498 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.
S. 1498 would impose a private-sector mandate, as defined
in UMRA, on certain entities that handle nonhuman primates. CBO
expects that the direct cost of the mandate would fall well
below the annual threshold established by UMRA for private-
sector mandates ($131 million in 2007, adjusted for inflation).
Estimated cost to the Federal Government: The estimated
budgetary impact of S. 1498 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--
---------------------------------------
2008 2009 2010 2011 2012
------------------------------------------------------------------------
CHANGES IN SPENDING SUBJECT TO APPROPRIATION
Estimated Authorization Level... 2 3 4 4 4
Estimated Outlays............... 2 3 4 4 4
------------------------------------------------------------------------
Basis of estimate: S. 1498 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 S. 1498 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
2008-2012 period, assuming appropriation of the necessary
amounts.
Enacting S. 1498 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. 1498 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: S. 1498 would
impose a private-sector mandate, as defined in UMRA, by
prohibiting anyone 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 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 entity.
The direct cost of the mandate would be the cost of
becoming licensed, registered, or accredited for those who are
not required to do so under current law. 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. In addition, based
on information from wildlife sanctuaries, CBO expects that few
sanctuaries would seek accreditation, which has a minimal cost.
Consequently, CBO expects that the direct cost of complying
with the mandate would fall well below the annual threshold
established by UMRA for private-sector mandates ($131 million
in 2007, adjusted for inflation).
Estimate prepared by: Federal Costs: Deborah Reis; Impact
on State, Local, and Tribal Governments: Leo Lex; Impact on the
Private Sector: Amy Petz.
Estimate approved by: Peter H. Fontaine, 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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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) to import, export, transport, sell, receive,
acquire, or purchase any fish or wildlife or plant
taken, possessed, transported, or sold in violation of
any law, treaty, or regulation of the United States or
in violation of any Indian tribal law;
(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 taken, possessed, transported,
or sold in violation of any law or regulation
of any State[; or] ;
[(C) any prohibited wildlife species (subject
to subsection (e));]
(3) within the special maritime and territorial
jurisdiction of the United States (as defined in
section 7 of title 18, United States Code)--
(A) to possess 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 Indian tribal
law, or
(B) to possess any plant taken, possessed,
transported, or sold in violation of any law or
regulation of any State; or
(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) Nonapplicability.--This subsection does not apply
to importation, exportation, transportation, sale,
receipt, acquisition, or purchase of an animal of [a
prohibited]any prohibited wildlife species, by a person
that, under regulations prescribed under [paragraph
(3), is described in paragraph (2)]paragraph (4), is
described in paragraph (3) with respect to that
species.
[(2)](3) Persons described.--A person is described in
this paragraph, if the person--
(A) is licensed or registered, and inspected,
by the Animal and Plant Health Inspection
Service or any other Federal agency with
respect to that species;
(B) is a State college, university, or
agency, State-licensed wildlife rehabilitator,
or State-licensed veterinarian;
(C) is an accredited wildlife sanctuary that
cares for prohibited wildlife species and--
(i) is a corporation that is exempt
from taxation under section 501(a) of
the Internal Revenue Code 1986 and
described in sections 501(c)(3) and
170(b)(1)(A)(vi) of such Code;
(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)]paragraph (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 section $3,000,000 for each of fiscal
years 2004 through 2008.
(7) Application.--This subsection shall apply
beginning on the effective date of the regulations
promulgated pursuant to 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 subsection
3(b))](other than subsections (b), (d), and (e) 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, 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, and any person who knowingly violates
[section 3(d)]subsection (d) or (e) of section 3, or
$10,000, whichever is less.
* * * * * * *
(b) Hearings.--* * *
* * * * * * *
(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 subsection
3(b))](other than subsections (b), (d), and (e)
of section 3), or
(B) violates any provision of this Act
[(other than subsection 3(b))](other than
subsections (b), (d), and (e) 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
subsection 3(b))](other than subsections (b), (d), and
(e) 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 [section
3(d)]subsection (d) or (e) of section 3--
* * * * * * *
CAPTIVE WILDLIFE SAFETY ACT
* * * * * * *
SECTION 1. SHORT TITLE.
* * * * * * *
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)).]
* * * * * * *