“The Captive Primate Safety Act”
HR 3135
SPONSOR: Rep. Earl Blumenauer
CO-SPONSORS: 71(as of 4/27/22)HERE
STATUS: Referred to Natural Resources 5/12/21
- Referred to the Subcommittee on Water, Oceans, and Wildlife 6/19/21
– Hearing 7/29/21
S 1588
SPONSOR: Sen. Richard Blumenthal
CO-SPONSORS: 13 (as of 4/27/22)HERE
STATUS: Read twice and referred to the Committee on Environment and Public Works 5/12/21
UAPPEAL has been opposing the Captive Primate Safety Act for the past 10 years. By working with our federal lobbyist, we have been very successful at stopping this bill from becoming law. The newer versions of the bill have made many changes from past versions of the bill that will have an impact on a much wider base of exotic animal owners, both private and federally licensed. Because of the complex network of federal, state, and local laws and regulations that already govern the ownership of most wildlife species, even what appear on the surface to be minor changes to existing laws can have a catastrophic cascade of unintended consequences.
UAPPEAL Action on 2015-2016 Bill
During our September 15, 2015 trip to DC, we had several successful meetings with the staff of key legislators about the CPSA and explained our opposition to the bill. We made new contacts and created allies to help us in our future work on this bill and all other bills such as the Big Cat and Public Safety Protection Act. The bill was not introduced during the 2017-2018 session.
Affect of Proposed Legislation:
The 2021 session version of these bills makes several changes. First, it creates a brand new section in the Lacey Act for what they call prohibited primate species, which are all non-human primates. Past versions added primates to the prohibited wildlife species list. In addition to the ban on import, export, transport and sale, receipt, acquisition, or purchase in interstate or foreign commerce of these primates, the 2021 version also bans possession of primates, whereas past versions did not. The ban on public contact now specifically excludes lemurs and galagos.
The Captive Primate Safety Act will adversely impact animal welfare, species survival, and will lead to unintended experiential and fiscal consequences that will negatively affect the operations of federally regulated businesses working with impacted species.
This bill would create hardships for the existing owners of all animals listed as prohibited wildlife species in the Lacey Act. This bill does not allow for interstate travel to transport the prohibited primate species to a legally designated caregiver in the event of the death or illness of the owner or in the case of an emergency such as an evacuation due to a tornado or hurricane. Owners would not be able to visit family members in another state and take their animals with them.
This bill would also restrict “public contact” with all prohibited primates species and there is no clear definition of what they consider “public” which would interfere with the existing regulatory authority granted to USDA-APHIS. It would increase costs and decreased revenue due to changes in personnel practices, business operations, and program offerings.
Summary of Proposed Legislation:
SPECIES AFFECTED: Prohibited Primate Species = all nonhuman primates
SECTORS AFFECTED: All
CLASSIFICATION: Ban – import, export, transport, sell, receive, acquire, or purchase in interstate or foreign commerce and possession and public contact
DETAILS: Bans import, export, transport, sell, receive, acquire, or purchase in interstate or foreign commerce and prohibits possession and public contact with prohibited primate species
EXEMPTIONS:
GRANDFATHERING: Current owners must register with the USFWS within 180 days of the effective date, must NOT breed, acquire or sell prohibited primate species, and must not allow direct public contact
ENFORCING AGENCY: US Fish and Wildlife Service
SEIZURE & FORFEITURE: Same as CWSA
PENALTIES: Same as regular penalties
EFFECTIVE DATE: Date rules are adopted
"Lacey Act Amendments of 2021"
S 626
SPONSOR: Sen. Marco Rubio
CO-SPONSORS: 1 (as of 4/27/22)
STATUS: Read twice and referred to the Committee on Environment and Public Works 3/9/21
SPECIES AFFECTED: Non-native species AND injurious species
SECTORS AFFECTED: Importers
CLASSIFICATION: Ban – Interstate Transport & US Import
DETAILS:
EXEMPTIONS: None
GRANDFATHERING: None
ENFORCING AGENCY: US Fish & Wildlife Service
SEIZURE & FORFEITURE: Animals must be exported or destroyed
PENALTIES: Same as Lacey Act
EFFECTIVE DATE: 1 year after enactment
"America COMPETES Act of 2022”
Lacey Act Amendments
HR 4521
SPONSOR: Rep. Eddie Bernice Johnson
CO-SPONSORS: 101 (as of 4/27/22)
STATUS: Passed House 2/4 with Lacey Act amendments – Passed Senate 3/28 with amendment removing them – conference committee called
SPECIES AFFECTED: Non-native species AND injurious species
SECTORS AFFECTED: Importers, Intrastate Transporters
CLASSIFICATION: Ban – Interstate Transport & US Import
DETAILS:
EXEMPTIONS: None
GRANDFATHERING: None
ENFORCING AGENCY: US Fish & Wildlife Service
SEIZURE & FORFEITURE: Animals must be exported or destroyed
PENALTIES: Same as Lacey Act
EFFECTIVE DATE: 1 year after enactment
"Big Cat Public Safety Act"
HR 211
SPONSOR: Rep. Tom McClintock
CO-SPONSORS: None
STATUS:Referred to Committee on Natural Resources 1/5/21 – Referred to Subcommittee on Water, Oceans, and Wildlife 2/18/21
HR 263
SPONSOR: Rep. Mike Quigley
CO-SPONSORS: 256 (as of 4/27/22) HERE
STATUS: Referred to Natural Resources 1/11/21 - Referred to the Subcommittee on Water, Oceans, and Wildlife 2/18/21
S 1210
SPONSOR: Sen. Richard Blumenthal
CO-SPONSORS: 45 (as of 4/27/21) HERE
STATUS:Referred to Environment and Public Works 4/19/21
SPECIES AFFECTED: Prohibited Wildlife Species = lion, tiger, leopard, snow leopard, clouded leopard, cheetah, jaguar, cougar or any hybrid of such
SECTORS AFFECTED: All
CLASSIFICATION: Ban – Breeding and Possession
DETAILS: Bans possession and breeding of prohibited wildlife species and defines breeding as to facilitate propagation or reproduction (whether intentionally or negligently) or to fail to prevent propagation or reproduction [S 2561]
EXEMPTIONS:
GRANDFATHERING: Those grandfathered must register the animals with the US Fish & Wildlife Service within 180 days AND must not breed, acquire, or sell any new ones AND must not allow public contact [NOT IN HR 211]
ENFORCING AGENCY: US Fish and Wildlife Service
SEIZURE & FORFEITURE: Will be governed under current seizure and forfeiture laws for illegal imports, exports, transport, sale and purchases
PENALTIES: Removes from current civil and criminal penalties and creates own criminal penalty of up to $20,000 and/or imprisonment up to 5 years with each violation a separate offense and declared to be committed in each district taken to
EFFECTIVE DATE: Upon enactment
"Traveling Exotic Animal and Public Safety Protection Act"
HR 5999
SPONSOR: Rep. Raúl M. Grijalva
CO-SPONSORS: 77 (as of 4/27/22) HERE
STATUS: Referred to the House Committee on Agriculture 11/17/21
S 3220
SPONSOR: Sen. Robert Menendez
CO-SPONSORS: 1 (as of 4/27/22) HERE
STATUS: Read twice and referred to the Committee on Agriculture, Nutrition, and Forestry 11/17/21
2021 Version Changes: The new version first corrects a lettering issue within the section the new law is to be added to. It uses the new order name Cetartiodactyla over Artiodactyla (even-toed ungulates). The bill also adds an Alliance of Marine Mammals Parks and Aquariums exemption.
NOTE: HR 5999 text not available yet.
SPECIES AFFECTED: Exotic or wild animals (any animal not domestic or farm animal) including:
Note: We provided some common name examples in parenthesis. They are not part of the bill.
Domestic: any animal that is normally maintained as a companion or pet animal in or near the household of the owner or person who cares for the animal (includes domestic dog including service dogs, domestic cat, ferret, gerbil, horse, mouse, rat, guinea pig, rabbit, or hamster).
Farm Animal: alpacas, cow, sheep, swine, goats, llamas, poultry, rabbits, horses, mules, or donkeys
SECTORS AFFECTED: Traveling Animal Acts (performance of an animal for which the animal is transported in a mobile or traveling housing facility to, from, or between locations for the purpose of a performance)
CLASSIFICATION: Ban – Traveling Animal Acts
DETAILS: BANS causing a performance of, or allowing for the participation of, an exotic or wild animal in a traveling animal act
EXEMPTIONS:
GRANDFATHERING: None
ENFORCING AGENCY: USDA
SEIZURE & FORFEITURE: None
PENALTIES: Civil penalty up to $10,000 per violation per day; if violating any cease and desist order - $1500 per day
EFFECTIVE DATE: 1 year after enactment