Uniting A POLITICALLY PROACTIVE Exotic Animal League
CAPTIVE PRIMATE SAFETY ACT
HR 8164
SPONSOR: Rep. Earl Blumenauer
CO-SPONSORS: 18 (as of 5/30/24)HERE
STATUS:
- Referred to Natural Resources 4/30/2024
S 1588
SPONSOR: Sen. Richard Blumenthal
CO-SPONSORS: 5 (as of 5/30/2024)HERE
STATUS: Read twice and referred to the Committee on Environment and Public Works 4/30/2024
Affect of Proposed Legislation:
The 2024 version of these bills. The 2024 version of the CPSA amends the Big Cat Public Safety Act provisions of the Lacey Act by adding prohibited primate species to the ban on possession and breeding and interstate and foreign commerce of prohibited wildlife species.
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 prohibited primate species. 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 prohibited primates species for USDA Class C and federally registered exhibitors, wildlife sanctuaries, and grandfathered prohibited primate species, which for wildlife sanctuaries and grandfathered primates, there is no clear definition of what they consider “public”. It would increase costs and decrease revenue due to changes in personnel practices, business operations, and program offerings.
Summary of Proposed Legislation:
SPECIES AFFECTED: Prohibited Primate Species = any live species of nonhuman primate
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: 1) import, export, transport, sale, receipt, acquisition, or purchase in interstate or foreign commerce and 2) breeding and possession of 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 they are: 1) a trained professional employee or contractor of the entity or facility or employee in training, 2) a veterinarian or veterinary student, or 3) 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 lion, tiger, leopard, snow leopard, jaguar, cougar, or hybrid of one is 15’ from public except permanent barrier;
- State college, university, or agency, or state-licensed veterinarian;
- Registered research facility;
- Wildlife sanctuary that cares for prohibited wildlife species or prohibited primate species and is:
- 501(c)(3)
- Does NOT commercially trade in prohibited wildlife species or prohibited primate species or their offspring, parts or byproducts
- Does NOT breed prohibited wildlife species or prohibited primate species
- Does NOT allow direct public contact with prohibited wildlife species or prohibited primate species
- Does NOT allow transport and display of prohibited wildlife species or prohibited primate species offsite
- Someone who expeditiously transports a prohibited wildlife species or prohibited primate species to an exempted entity or individual
- Research facility that conducts research on prohibited primate species if registered with the USDA and in good standing
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
UAPPEAL Background on CPSA
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.
2011-2012 Session
In March 2012, UAPPEAL contacted US Senators and set up meetings to discuss our concerns on the bill.
2013-2014 Session
In September 2014, UAPPEAL went to Washington, D.C. to meet with the sponsor and important staff members related to the big cat bill and other important bills.During the meetings, one of the major concerns was the public contact ban with the KS tiger incident being brought up.We clarified that the whole incident was already in violation of current federal law.
2015-2016 Session
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.
2017-2018 Session
Bill was not introduced.