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                                                       Calendar No. 456
112th Congress                                                   Report
                                 SENATE
 2d Session                                                     112-188

======================================================================



 
                       CAPTIVE PRIMATE SAFETY ACT

                                _______
                                

                 July 17, 2012.--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. 1324]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Environment and Public Works, to which was 
referred a bill (S. 1324) to amend the Lacey Act Amendments of 
1981 to prohibit the importation, exportation, transportation, 
and sale, receipt, acquisition, or purchase in interstate or 
foreign commerce, of any live animal of any prohibited wildlife 
species, and for other purposes, having considered the same, 
reports favorably thereon 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. They can inflict serious 
harm.
    According to the Humane Society of the United States more 
than 230 people in 40 states have been injured by captive 
primates since 1990, with more incidents likely but unreported. 
On February 16, 2009, a much publicized chimpanzee attack of a 
Connecticut woman left her blind for life without her hands, 
nose, lips and eyelids and required a face transplant.
    Many 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. If a nonhuman primate becomes too 
difficult to handle for the pet owner, there are few options 
for caring for them. Nonhuman primates purchased in the 
interstate pet trade can ultimately face abandonment, 
euthanasia, or a lifetime of containment in unsatisfactory 
conditions.
    Nonhuman primates are a possible source of infectious 
agents that pose a threat to humans, due to their genetic, 
physiologic and social similarities. The following zoonotic 
disease threats are known to originate in primates: Herpes B, 
monkeypox, Simian Immunodeficiency Virus (SIV), tuberculosis, 
yellow fever, and the Ebola virus. Not only do nonhuman 
primates pose significant risk of viral and bacterial disease 
transmission, but they also share fungal and parasitic diseases 
with humans, such as streptothricosis (a skin infection), 
ringworm, nematodes and arthropods (lice, mites and fleas).
    Because of the serious health risk, importing nonhuman 
primates to the United States 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 and, 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.
    S. 1324 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. 
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. 1324 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. 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, there is concern 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, S. 
1324 includes technical corrections to ensure that the original 
intent of the legislation is achieved.

                     Objectives of the Legislation

    S. 1324 amends the Lacey Act Amendments of 1981 to treat 
nonhuman primates as prohibited wildlife species under that 
Act, to make corrections in the provisions relating to captive 
wildlife offenses under that Act, and for other purposes.

                      Section-by-Section Analysis


Section 1. Short title

    This section provides that this Act may be cited as the 
``Captive Primate Safety Act''.

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)) and clarifies application of these prohibitions to 
certain entities and activities. This section limits the 
application of the prohibitions in the Act when persons are 
carrying out certain activities outlined in the Act, 
including--persons transporting a nonhuman primate to a 
veterinarian; persons transporting a nonhuman primate to a 
legally designated caregiver following death of the preceding 
owner; and persons transporting a nonhuman primate solely for 
the purpose of assisting an individual who is permanently 
disabled with a severe mobility impairment, if certain 
conditions are met.

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).

Sec. 5. Regulations

    This section amends section 7(a) of the Lacey Act Amendment 
of 1981 (16 U.S.C. 3376(a)) to direct the Secretary of the 
Interior, in consultation with other relevant federal and state 
agencies, to issue regulations to implement the Captive 
Wildlife Safety Act.

                          Legislative History

    In the 109th Congress, similar legislation, S. 1509, was 
introduced by Senator James Jeffords, which was reported by the 
Senate Environment and Public Works Committee on June 19, 2006, 
and passed the Senate without amendment by Unanimous Consent on 
July 11, 2006. In the 110th Congress, similar legislation was 
introduced by Senator Barbara Boxer, S. 1498, and was ordered 
to be reported by the Senate Environment and Public Works 
Committee with an amendment favorably on July 31, 2007.
    On January 6, 2009, Rep. Earl Blumenauer [D-OR] introduced 
H.R. 80. Companion legislation was introduced by Senator 
Barbara Boxer on February 24, 2009. The bill passed the House 
of Representatives on February 24, 2009 and was received, read 
twice and referred to the Senate Committee on Environment and 
Public Works on March 13, 2009. The Committee met on May 14, 
2009, and ordered H.R. 80 to be reported favorably by voice 
vote.
    In the 112th Congress, Senator Barbara Boxer along with 
Senators Vitter and Blumenthal introduced S. 1324 on July 5, 
2011. The bill was received, read twice and referred to the 
Committee on Environment and Public Works.
    On June 21, 2012, the Full Committee met to consider a 
number of bills including S. 1324. The bill was ordered to be 
reported favorably by voice vote with Senators Crapo, Inhofe 
and Johanns recorded as ``No''.

                             Rollcall Votes

    There were no roll call votes. The measure was approved by 
the Committee on Environment and Public Works at a business 
meeting, a quorum being present, by voice vote on June 21, 2012 
with Senators Crapo, Inhofe and Johanns recorded as ``No''.

                      Regulatory Impact Statement

    In compliance with section 11(b) of rule XXVI of the 
Standing Rules of the Senate, the Committee finds that S. 1324 
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 notes that the Congressional 
Budget Office has found, ``S. 1324 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. 1324 would impose a private-
sector mandate, as defined in UMRA, on certain entities that 
handle nonhuman primates. CBO expects that the aggregate direct 
cost of the mandate would fall well below the annual threshold 
established in UMRA for private-sector mandates ($146 million 
in 2012, adjusted annually for inflation).''

                                                      July 6, 2012.
Hon. Barbara Boxer,
Chairman, Committee on Environment and Public Works,
U.S. Senate, Washington, DC.
    Dear Madam Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for S. 1324, the Captive 
Primate Safety Act.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Jeff LaFave.
            Sincerely,
                                              Douglas W. Elmendorf.
    Enclosure.

S. 1324--Captive Primate Safety Act

    Summary: S. 1324 would amend the Lacey Act to prohibit 
interstate and foreign trade of nonhuman primates. The 
legislation also would authorize the appropriation of $3 
million a year over the 2013-2015 period for the U.S. Fish and 
Wildlife Service (USFWS) to carry out that act. Assuming 
appropriation of the authorized amounts, CBO estimates that 
implementing S. 1324 would cost $9 million over the 2013-2015 
period. The legislation could increase revenues and associated 
direct spending; therefore, pay-as-you-go procedures apply. 
However, CBO estimates that any such changes would be 
insignificant.
    S. 1324 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. 1324 would impose a private-sector mandate, as defined 
in UMRA, on certain entities that handle nonhuman primates. CBO 
expects that the aggregate direct cost of the mandate would 
fall well below the annual threshold established in UMRA for 
private-sector mandates ($146 million in 2012, adjusted 
annually for inflation).
    Estimated cost to the Federal Government: The estimated 
budgetary impact of S. 1324 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--
                                                                   ---------------------------------------------
                                                                     2013   2014   2015   2016   2017  2013-2017
----------------------------------------------------------------------------------------------------------------
                                  CHANGES IN SPENDING SUBJECT TO APPROPRIATION

Authorization Level...............................................      3      3      3      0      0         9
Estimated Outlays.................................................      3      3      3      0      0         9
----------------------------------------------------------------------------------------------------------------

    Basis of estimate: S. 1324 would make it illegal to import, 
export, transport, sell, receive, acquire, or purchase nonhuman 
primates (such as monkeys and apes). The legislation would 
authorize the appropriation of $3 million annually through 2015 
for certain enforcement costs under the Lacey Act. Assuming 
appropriation of the authorized amounts, CBO estimates that 
enforcing the legislation's prohibitions on transactions 
involving nonhuman primates would cost $9 million over the 
2013-2015 period.
    Because violators of the proposed prohibition on interstate 
and foreign trade of such animals would be subject to criminal 
and civil penalties, enacting S. 1324 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. 1324 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. 1324 would 
impose a private-sector mandate as defined in UMRA. The bill 
would prohibit any person 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 by a federal agency. 
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. Therefore, those entities would not be affected by the 
provisions in the bill.
    S. 1324 also would authorize persons to transport nonhuman 
primates in some circumstances if they comply with the 
requirements for transport specified in the bill. CBO expects 
that the cost to comply with those requirements would be 
minimal. The costs to others who would be affected by the 
prohibition also would be small. Consequently, CBO expects that 
the total cost of complying with the mandate would fall well 
below the annual threshold established in UMRA for private-
sector mandates ($146 million in 2012, adjusted annually for 
inflation).
    Estimate prepared by: Federal Costs: Jeff LaFave; Impact on 
State, Local, and Tribal Governments: Melissa Merrill; Impact 
on the Private Sector: Danielle Parnass and 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:

           *       *       *       *       *       *       *


LACEY ACT AMENDMENTS OF 1981

           *       *       *       *       *       *       *



SEC. 2. [16 U.S.C. 3371] 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. [16 U.S.C. 3372] 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--
                          (i) taken, possessed, transported, or 
                        sold in violation of any law or 
                        regulation of any State, or any foreign 
                        law, that protects plants or that 
                        regulates--
                                  (I) the theft of plants;
                                  (II) the taking of plants 
                                from a park, forest reserve, or 
                                other officially protected 
                                area;
                                  (III) the taking of plants 
                                from an officially designated 
                                area; or
                                  (IV) the taking of plants 
                                without, or contrary to, 
                                required authorization;
                          (ii) taken, possessed, transported, 
                        or sold without the payment of 
                        appropriate royalties, taxes, or 
                        stumpage fees required for the plant by 
                        any law or regulation of any State or 
                        any foreign law; or
                          (iii) taken, possessed, transported, 
                        or sold in violation of any limitation 
                        under any law or regulation of any 
                        State, or under any foreign law, 
                        governing the export or transshipment 
                        of plants[; 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--
                          (i) taken, possessed, transported, or 
                        sold in violation of any law or 
                        regulation of any State, or any foreign 
                        law, that protects plants or that 
                        regulates--
                                  (I) the theft of plants;
                                  (II) the taking of plants 
                                from a park, forest reserve, or 
                                other officially protected 
                                area;
                                  (III) the taking of plants 
                                from an officially designated 
                                area; or
                                  (IV) the taking of plants 
                                without, or contrary to, 
                                required authorization;
                          (ii) taken, possessed, transported, 
                        or sold without the payment of 
                        appropriate royalties, taxes, or 
                        stumpage fees required for the plant by 
                        any law or regulation of any State or 
                        any foreign law; or
                          (iii) taken, possessed, transported, 
                        or sold in violation of any limitation 
                        under any law or regulation of any 
                        State, or under any foreign law, 
                        governing the export or transshipment 
                        of plants; or
          (4) to attempt to commit any act described in 
        paragraphs (1) through (3) or subsection (e).
  (b) Marking Offenses.--It is unlawful for any person to 
import, export, or transport in interstate commerce any 
container or package containing any fish or wildlife unless the 
container or package has previously been plainly marked, 
labeled, or tagged in accordance with the regulations issued 
pursuant to paragraph (2) of subsection 7(a) of this Act.
  (c) Sale and Purchase of Guiding and Outfitting Services and 
Invalid Licenses and Permits.--
          (1) Sale.--It is deemed to be a sale of fish or 
        wildlife in violation of this Act for a person for 
        money or other consideration to offer or provide--
                  (A) guiding, outfitting, or other services; 
                or
                  (B) a hunting or fishing license or permit;
        for the illegal taking, acquiring, receiving, 
        transporting, or possessing of fish or wildlife.
          (2) Purchase.--It is deemed to be a purchase of fish 
        or wildlife in violation of this Act for a person to 
        obtain for money or other consideration--
                  (A) guiding, outfitting, or other services; 
                or
                  (B) a hunting or fishing license or permit;
        for the illegal taking, acquiring, receiving, 
        transporting, or possessing of fish or wildlife.
  (d) False Labeling Offenses.--It is unlawful for any person 
to make or submit any false record, account, or label for, or 
any false identification of, any fish, wildlife, or plant which 
has been, or is intended to be--
          (1) imported, exported, transported, sold, purchased, 
        or received from any foreign country; or
          (2) transported in interstate or foreign commerce.
  [(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) Limitation on application.--This subsection--
                  (A) does not apply to a person transporting a 
                nonhuman primate to or from a veterinarian who 
                is licensed to practice veterinary medicine 
                within the United States, solely for the 
                purpose of providing veterinary care to the 
                nonhuman primate, if--
                          (i) the person transporting the 
                        nonhuman primate carries written 
                        documentation issued by the 
                        veterinarian, including the appointment 
                        date and location;
                          (ii) the nonhuman primate is 
                        transported in a secure enclosure 
                        appropriate for that species of 
                        primate;
                          (iii) the nonhuman primate has no 
                        contact with any other animals or 
                        members of the public, other than the 
                        veterinarian and other authorized 
                        medical personnel providing veterinary 
                        care; and
                          (iv) such transportation and 
                        provision of veterinary care is in 
                        accordance with all otherwise 
                        applicable State and local laws, 
                        regulations, permits, and health 
                        certificates;
                  (B) does not apply to a person transporting a 
                nonhuman primate to a legally designated 
                caregiver for the nonhuman primate as a result 
                of the death of the preceding owner of the 
                nonhuman primate, if--
                          (i) the person transporting the 
                        nonhuman primate is carrying legal 
                        documentation to support the need for 
                        transporting the nonhuman primate to 
                        the legally designated caregiver;
                          (ii) the nonhuman primate is 
                        transported in a secure enclosure 
                        appropriate for the species;
                          (iii) the nonhuman primate has no 
                        contact with any other animals or 
                        members of the public while being 
                        transported to the legally designated 
                        caregiver; and
                          (iv) all applicable State and local 
                        restrictions on such transport, and all 
                        applicable State and local requirements 
                        for permits or health certificates, are 
                        complied with;
                  (C) does not apply to a person transporting a 
                nonhuman primate solely for the purpose of 
                assisting an individual who is permanently 
                disabled with a severe mobility impairment, 
                if--
                          (i) the nonhuman primate is a single 
                        animal of the genus Cebus;
                          (ii) the nonhuman primate was 
                        obtained from, and trained at, a 
                        licensed nonprofit organization 
                        described in section 501(c)(3) of the 
                        Internal Revenue Code of 1986 the 
                        nonprofit tax status of which was 
                        obtained--
                                  (I) before July 18, 2008; and
                                  (II) on the basis that the 
                                mission of the organization is 
                                to improve the quality of life 
                                of severely mobility-impaired 
                                individuals;
                          (iii) the person transporting the 
                        nonhuman primate is a specially trained 
                        employee or agent of a nonprofit 
                        organization described in clause (ii) 
                        that is transporting the nonhuman 
                        primate to or from a designated 
                        individual who is permanently disabled 
                        with a severe mobility impairment, or 
                        to or from a licensed foster care home 
                        providing specialty training of the 
                        nonhuman primate solely for purposes of 
                        assisting an individual who is 
                        permanently disabled with severe 
                        mobility impairment;
                          (iv) the person transporting the 
                        nonhuman primate carries documentation 
                        from the applicable nonprofit 
                        organization that includes the name of 
                        the designated individual referred to 
                        in clause (iii);
                          (v) the nonhuman primate is 
                        transported in a secure enclosure that 
                        is appropriate for that species;
                          (vi) the nonhuman primate has no 
                        contact with any animal or member of 
                        the public, other than the designated 
                        individual referred to in clause (iii); 
                        and
                          (vii) the transportation of the 
                        nonhuman primate is in compliance 
                        with--
                                  (I) all applicable State and 
                                local restrictions regarding 
                                the transport; and
                                  (II) all applicable State and 
                                local requirements regarding 
                                permits or health certificates; 
                                and
                  (D) does not apply to importation, 
                exportation, transportation, sale, receipt, 
                acquisition, or purchase of an animal of [a] 
                any prohibited wildlife species, by a person 
                that, under regulations prescribed under 
                paragraph [(3)] (4), is described in paragraph 
                [(2)] (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)] (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 subsection $3,000,000 for each of 
        fiscal years [2004 through 2008] 2011 through 2015.

           *       *       *       *       *       *       *


SEC. 4. [16 U.S.C. 3373] PENALTIES AND SANCTIONS.

  (a) Civil Penalties.--
          (1) Any person who engages in conduct prohibited by 
        any provision of this Act (other than subsections (b), 
        (d), (e), and (f) 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, and any person 
        who knowingly violates subsection (d), (e), or (f) of 
        section 3, 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, or $10,000, whichever is less.

           *       *       *       *       *       *       *

  (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 subsections 
                (b), (d), (e), and (f) of section 3), or
                  (B) violates any provision of this Act (other 
                than subsections (b), (d), (e), and (f) 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 
        subsections (b), (d), (e), and (f) 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 subsection (d), 
        (e), or (f) of section 3--

           *       *       *       *       *       *       *


SEC. 7. [16 U.S.C. 3376] ADMINISTRATION.

  (a) Regulations.--
          (1) The Secretary, after consultation with the 
        Secretary of the Treasury, is authorized to issue such 
        regulations, except as provided in paragraph (2), as 
        may be necessary to carry out the provisions of 
        sections 3(f), 4, and 5 of this Act.
          (2) The Secretaries of the Interior and Commerce 
        shall jointly promulgate specific regulations to 
        implement the provisions of subsection 3(b) and of this 
        Act for the marking and labeling of containers or 
        packages containing fish or wildlife. These regulations 
        shall be in accordance with existing commercial 
        practices.
          (3) The Secretary shall, in consultation with other 
        relevant Federal and State agencies, promulgate 
        regulations to implement section 3(e).

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                      CAPTIVE WILDLIFE SAFETY ACT

  [(a) In General.--Section 3] Section 3 of the Lacey Act 
Amendments of 1981
  [(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)).]

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