[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 2731 Introduced in Senate (IS)]
2d Session
S. 2731
To amend title 18, United States Code, to prohibit certain interstate
conduct relating to exotic animals.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
July 22, 2004
Mr. Lautenberg (for himself, Mr. Biden, Mr. Kennedy, Mr. Levin, Mr.
Corzine, Mrs. Feinstein, Mr. Feingold, Mr. Kohl, Mr. Durbin, and Mr.
Schumer) introduced the following bill; which was read twice and
referred to the Committee on the Judiciary
_______________________________________________________________________
A BILL
To amend title 18, United States Code, to prohibit certain interstate
conduct relating to exotic animals.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Captive Exotic Animal Protection Act
of 2004''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) The ethic of hunting involves the consideration of fair
chase, which allows the animal the opportunity to avoid the
hunter.
(2) At more than 1,000 commercial canned hunt operations
across the country, trophy hunters pay a fee to shoot captive
exotic animals, from African lions to giraffes and blackbuck
antelope, in fenced-in enclosures.
(3) Clustered in a captive setting at unusually high
densities, confined exotic animals attract disease more readily
than more widely dispersed native species who roam freely.
(4) The transportation of captive exotic animals to
commercial canned hunt operations can facilitate the spread of
disease across great distances.
(5) The regulation of the transport and treatment of exotic
animals on shooting preserves falls outside the traditional
domains of State agriculture departments and State fish and
game agencies.
(6) This Act is limited in its purpose and will not limit
the licensed hunting of any native mammals or any native or
exotic birds.
(7) This Act does not aim to criticize those hunters who
pursue animals that are not enclosed within a fence.
(8) This Act does not attempt to prohibit slaughterhouse
activities, nor does it aim to prohibit the routine euthanasia
of domesticated farm animals.
SEC. 3. TRANSPORT OR POSSESSION OF EXOTIC ANIMALS FOR PURPOSES OF
KILLING OR INJURING THEM.
(a) In General.--Chapter 3 of title 18, United States Code, is
amended by adding at the end the following:
``Sec. 49. Exotic animals
``(a) Prohibition.--Whoever, in or substantially affecting
interstate or foreign commerce, knowingly transfers, transports, or
possesses a confined exotic animal, for the purposes of allowing the
killing or injuring of that animal for entertainment or for the
collection of a trophy, shall be fined under this title, imprisoned not
more than 1 year, or both.
``(b) Definitions.--In this section--
``(1) the term `confined exotic animal' means a mammal of a
species not historically indigenous to the United States, that
has been held in captivity, whether or not the defendant knows
the length of the captivity, for the shorter of--
``(A) the majority of the animal's life; or
``(B) a period of 1 year; and
``(2) the term `captivity' does not include any period
during which an animal lives as it would in the wild--
``(A) surviving primarily by foraging for naturally
occurring food;
``(B) roaming at will over an open area of not less
than 1,000 acres; and
``(C) having the opportunity to avoid hunters.
``(c) Enforcement.--
``(1) In general.--Any person authorized by the Secretary
of the Interior, acting through the Director of the United
States Fish and Wildlife Service, may--
``(A) without a warrant, arrest any person that
violates this section (including regulations
promulgated under this section) in the presence or view
of the arresting person;
``(B) execute any warrant or other process issued
by an officer or court of competent jurisdiction to
enforce this section; and
``(C) with a search warrant, search for and seize
any animal taken or possessed in violation of this
section.
``(2) Forfeiture.--Any animal seized with or without a
search warrant shall be held by the Secretary or by a United
States marshal, and upon conviction, shall be forfeited to the
United States and disposed of by the Secretary of the Interior
in accordance with law.
``(3) Assistance.--The Director of the United States Fish
and Wildlife Service may use by agreement, with or without
reimbursement, the personnel and services of any other Federal
or State agency for the purpose of enforcing this section.''.
(b) Technical Amendment.--The analysis for chapter 3 of title 18,
United States Code, is amended by adding at the end the following:
``Sec. 49. Exotic animals''.
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