“The Captive Primate Safety Act”

HR 3135

SPONSOR: Rep. Earl Blumenauer
CO-SPONSORS: 69 (as of 11/22/21)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 11/22/21)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:

USDA Class C or other federal facility registered with the USDA that exhibits animals if in good standing that:
- Does NOT allow direct physical contact with an individual unless trained professional employee or contractor of the entity or facility or employee in training, a veterinarian or directly supporting conservation programs if the contact is not commercial activity AND “incidental to humane husbandry conducted pursuant to a species-specific, publicly available, peer-edited population management and care plan” that reflects conservation science principles, “incorporates genetic and demographic analysis of a multi-institution population of animals covered by the plan”, and promotes animal welfare ensuring frequency of breeding is appropriate
- Ensures public exhibition of prohibited primate species other than lemurs and Galagos is 15’ from public except permanent barrier;
Registered research facility
State college, university, or agency, or state-licensed veterinarian;
Wildlife that cares for prohibited wildlife species and is:
- 501(c)(3)
- Does NOT commercially trade in prohibited primate species or their offspring, parts or byproducts
- Does NOT Breed prohibited primate species
- Does NOT allow public contact with prohibited primate species
- Does NOT allow transport and display of prohibited primate species offsite
Someone who solely expeditiously transports a prohibited primate species to an exempted entity

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 11/1/21)
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:

Replaces the ban on shipment between the continental United States for injurious species with a ban on transport between the states.
Allows the Secretary of the Interior to issue emergency regulations to prohibit import of any wild mammals, wild birds, fish (including mollusks and crustacea), amphibians, or reptiles, or their offspring or eggs as injurious to human beings, agriculture, horticulture, forestry, or wildlife or US wildlife resources for up to 3 years if imminent threat to such entities – effective immediately after publication in register or within 60 days if otherwise prescribed
Adds presumptive ban on import into the US of any species of non-native wild mammals, wild birds, fish (including mollusks and crustacea), amphibians, or reptiles, or their offspring or eggs except when a year before the effective dates more than minimal quantities were imported into the US or transported between states or territories OR the Secretary of Interior after public comment determines a species to not be serious risk of invasiveness

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

Questions about Federal Legislation?

"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: 243 (as of 11/22/21) 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: 43 (as of 11/22/21) 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:

Class C Licensee or federal facility registered with the USDA that exhibits animals which is in good standing that:
- Is in good standing
- Does NOT allow individual to come into direct physical contact with prohibited wildlife species unless trained professional employee or contractor of the entity or facility or employee in training, a veterinarian or directly supporting conservation programs if the contact is not commercial activity AND “incidental to humane husbandry conducted pursuant to a species-specific, publicly available, peer-edited population management and care plan” that reflects conservation science principles, “incorporates genetic and demographic analysis of a multi-institution population of animals covered by the plan”, and promotes animal welfare ensuring frequency of breeding is appropriate [NOT IN HR 211]
- Ensures publicly exhibited lion, tiger, leopard, snow leopard, jaguar, cougar and hybrids are 15’ from the public or with permanent barriers [NOT IN HR 211]
State college, university, or agency, or state-licensed veterinarian
Wildlife sanctuary that cares for such animals that is:
- 501(c)(3) nonprofit
- Does NOT commercially trade in prohibited wildlife species including offspring, parts and byproducts
- Does NOT breed prohibited wildlife species
- Does NOT allow direct contact between the public and prohibited wildlife species [NOT IN HR 211]
- Does NOT allow the transportation and display of prohibited wildlife species off-site [NOT IN HR 211]
Someone who solely expeditiously transports a prohibited wildlife species to an exempted entity

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: 40 (as of 11/22/2021) HERE
STATUS: Referred to the House Committee on Ways and Means 11/17/21

S 3220

SPONSOR: Sen. Robert Menendez
CO-SPONSORS: 1 (as of 11/22/21) 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:

Canidae (Dogs) except domestic
Cetartiodactyla except alpaca, bison, cattle, deer, elk, goat, llama, reindeer, swine, and sheep
Crocodilia (crocodilians like crocodiles, alligators)
Edentata (anteaters, sloths, armadillos)
Elasmobranchii (sharks, rays, skates)
Felidae (cats except domestic)
Hyaenidae (hyenas, aardwolves)
Marsupialia (marsupials like kangaroos, wallabies)
Mustelidae (weasel family)
Nonhuman Primates
Perissodactyla except horse, donkey and mule (odd-toed ungulates)
Pinnipedia (seals)
Proboscidea (elephants)
Procyonidae (raccoon family)
Ratites (i.e. emu, cassowary, rhea)
Spheniscidae (penguins)
Testudinidae (tortoises)
Ursidae (bears)
Varanidae (monitor lizards, Komodo dragons)
Vivveridae (civets, binturong)

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:

Domestic animals or farm animals
Exhibition at nonmobile, permanent AZA, WAZA, GFAS, or Alliance of Marine Mammals Parks and Aquariums institution, zoo, or aquarium
AZA or Alliance of Marine Mammals Parks and Aquariums environmental education program if not used more than 180 days a year or in mobile housing more than 12 hours a day
Institution of higher education laboratory, or other research facility
Film, television or advertising if no live public audience
Rodeos
National Wildlife Rehabilitators Association or the International Wildlife Rehabilitation Council wildlife rehabilitator using indigenous wildlife in exhibition or environmental education program if not kept in mobile housing more than 12 hours a day
Federal falconer
501(c)(3) Wildlife sanctuary that does not use them in commercial trade, sale, photo ops or public events for profit, breed them, allow unescorted visitation, allow direct public contact, or remove animals for an exhibition or performance

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

Questions about Federal Legislation?

PENDING FEDERAL RULES

PENDING FEDERAL BILLS