S. 304Senate109th Congress (2005-2007)In Committee

Sportsmanship in Hunting Act of 2005

Introduced February 7, 2005

Legislative Activity

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SenateIntro Referral Latest Action

Read twice and referred to the Committee on the Judiciary. (text of measure as introduced: CR S1055-1056)

February 7, 2005

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SenateIntro Referral

Introduced in Senate

February 7, 2005

SenateIntro Referral

Sponsor introductory remarks on measure. (CR S1055)

February 7, 2005

SenateIntro Referral

Read twice and referred to the Committee on the Judiciary. (text of measure as introduced: CR S1055-1056)

February 7, 2005

Floor Debate

8 members

What members said about S. 304 on the floor

3 Republicans5 Democrats
Edward M. Kennedy
Sen. Edward M. KennedyD-MA · Feb 7, 2005

Mr. President, it's a privilege to join Senator Frist, Senator Enzi, Senator Gregg, and Senator Bingaman in introducing the Foundation for the National Institutes of Health Improvement Act. Our bill…

Ron Wyden
Sen. Ron WydenD-OR · Feb 7, 2005

Mr. President, in his inaugural address and again in the state of the union President Bush promised to take on tyranny around the world. There's one corner of the world where tyranny is the currency…

Frank R. Lautenberg
Sen. Frank R. LautenbergD-NJ · Feb 7, 2005

Mr. President, I rise to introduce the Sportsmanship in Hunting Act of 2005. This bill would prohibit the barbaric and unsporting practice of ``canned hunts.'' I am pleased to be joined by my…

Frank R. Lautenberg
Sen. Frank R. LautenbergD-NJ · Feb 7, 2005

Mr. President, I rise to introduce the Sportsmanship in Hunting Act of 2005. This bill would prohibit the barbaric and unsporting practice of ``canned hunts.'' I am pleased to be joined by my…

Patrick J. Leahy
Sen. Patrick J. LeahyD-VT · Feb 7, 2005

Mr. President, I am pleased to introduce today the Upper Connecticut River Partnership Act. This legislation will help bring recognition to New England's largest river ecosystem and one of our…

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Susan M. Collins
Sen. Susan M. CollinsR-ME · Feb 7, 2005

Mr. President, I rise today to introduce the Medicare Rural Home Health Payment Fairness Act to extend the additional payment for home health services in rural areas for 2 years. This 5 percent…

Rick Santorum
Sen. Rick SantorumR-PA · Feb 7, 2005

Mr. President I rise today to introduce a bill to extend the Milk Income Loss Contract, MILC program, the MILC Extension Act. In the 106th Congress, I called for a programmatic solution to market…

Daniel K. Inouye
Sen. Daniel K. InouyeD-HI · Feb 7, 2005

Mr. President, I rise to introduce legislation to repeal the current 50 percent tax deduction for business meals and entertainment expenses, and to restore the tax deduction to 80 percent gradually…

Larry E. Craig
Sen. Larry E. CraigR-ID · Feb 7, 2005

Mr. President, I rise today to introduce the Department of Interior Volunteer Recruitment Act of 2005. This bill would allow the Department of the Interior to recruit and use volunteers in the Bureau…

Bill Text

Latest available legislative text

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Introduced in SenateIssued February 7, 2005

II

109th CONGRESS

1st Session

S. 304

IN THE SENATE OF THE UNITED STATES

February 7, 2005

Mr. Lautenberg (for himself, Mr. Biden, Mr. Kennedy, Mr. Levin, Mr. Kohl, Mr. Corzine, Mr. Feingold, Mr. Durbin, Mr. Schumer, Ms. Mikulski, and Mr. Akaka) 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.

1.

Short title

This Act may be cited as the Sportsmanship in Hunting Act of 2005.

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.

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:

49.

Exotic animals

(a)

Prohibition

(1)

In general

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.

(2)

Exception

This section shall not apply to the killing or injuring of an exotic animal in a State or Federal natural area reserve undertaking habitat restoration.

(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.

.