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Code · BILL · 113th Congress · S. 1463 (Reported in Senate) — To amend the Lacey Act Amendments of 1981 to prohibit importation, exportation, transportation, sale, receipt, acquis... · Sec. 3

Sec. 3. Captive wildlife amendments

656 words·~3 min read·/bill/113/s/1463/rs/section-3

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Section 3 of the Lacey Act Amendments of 1981 ( 16 U.S.C. 3372 ) is amended— in subsection (a)— in paragraph (2)— in subparagraph (A), by inserting or after the semicolon; in subparagraph (B)(iii), by striking ; or and inserting a semicolon; and by striking subparagraph (C); and in paragraph (4), by inserting or subsection
(e)before the period; and in subsection (e)— by striking
(e)and all that follows through paragraph
(1)and inserting the following: It is unlawful for any person to import, export, transport, sell, receive, acquire, or purchase in interstate or foreign commerce, or in a manner substantially affecting interstate or foreign commerce, any live animal of any prohibited wildlife species. ; and in paragraph (2)— by striking so much as precedes subparagraph
(A)and inserting the following: Paragraph
(1)does not apply to any person who— . in subparagraph (A), by inserting before the semicolon at the end and does not allow direct contact between the public and prohibited wildlife species ; in subparagraph (B), by striking State-licensed wildlife rehabilitator, ; in subparagraph (C)— in clauses
(ii)and (iii), by striking animals listed in section 2(g) each place it appears and inserting prohibited wildlife species ; in clause (iv), by striking animals and inserting prohibited wildlife species ; and by striking or after the semicolon at the end; in subparagraph (D)— by striking animal each place it appears and inserting prohibited wildlife species ; and by striking the period at the end and inserting ; or ; and by adding at the end the following: is transporting a nonhuman primate solely for the purpose of assisting an individual who is permanently disabled with a severe mobility impairment, if— the nonhuman primate is a single animal of the genus Cebus; the nonhuman primate was obtained from, and trained at, a licensed nonprofit organization that before July 18, 2008 was exempt from taxation under section 501(a) of the Internal Revenue Code of 1986 and described in sections 501(c)(3) and 170(b)(1)(A)(vi) of such Code on the basis that the mission of the organization is to improve the quality of life of severely mobility-impaired individuals; 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; 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); the nonhuman primate is transported in a secure enclosure that is appropriate for that species; 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 the transportation of the nonhuman primate is in compliance with— all applicable State and local restrictions regarding the transport; and all applicable State and local requirements regarding permits or health certificates. . Section 4(a) of the Lacey Act Amendments of 1981 ( 16 U.S.C. 3373(a) ) is amended— in paragraph (1), by inserting (e), after subsections (b), (d), ; and in paragraph (1), by inserting , (e), after subsection
(d). Section 4(d) of the Lacey Act Amendments of 1981 ( 16 U.S.C. 3373(d) ) is amended— in subparagraphs
(A)and
(B)of paragraph
(1)and in the first sentence of paragraph (2), by inserting (e), after subsections (b), (d), each place it appears; and in paragraph (3), by inserting , (e), after subsection
(d). Subsections
(a)through (c), and the amendments made by those subsections, shall take effect on the earlier of— the date of promulgation of regulations under paragraph (2); and the expiration of the period referred to in paragraph (2). Not later than 180 days after the date of enactment of this Act, the Secretary of the Interior shall promulgate regulations implementing the amendments made by this section.
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Sec. 3
Captive wildlife amendments
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