[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5057 Introduced in House (IH)]







106th CONGRESS
  2d Session
                                H. R. 5057

To amend the Animal Welfare Act to regulate the personal possession of 
 certain wild animals and to amend title 18 of the United States Code, 
  to prohibit the transport or possession of certain wild animals for 
                       purposes of hunting them.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 27, 2000

Mr. Lantos (for himself, Mr. Shays, Ms. Rivers, Mrs. Morella, Mr. Neal 
 of Massachusetts, Mr. Porter, Mr. Moran of Virginia, Mr. Kasich, Mr. 
    Kucinich, Mr. Gallegly, Mr. Farr of California, Mr. Filner, Mr. 
  Pallone, Mrs. Lowey, and Mr. Stark) introduced the following bill; 
which was referred to the Committee on Agriculture, and in addition to 
the Committee on Resources, for a period to be subsequently determined 
 by the Speaker, in each case for consideration of such provisions as 
        fall within the jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL


 
To amend the Animal Welfare Act to regulate the personal possession of 
 certain wild animals and to amend title 18 of the United States Code, 
  to prohibit the transport or possession of certain wild animals for 
                       purposes of hunting them.

    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 ``Shambala Wild Animal Protection Act 
of 2000''.

SEC. 2. AMENDMENT OF ANIMAL WELFARE ACT TO REGULATE POSSESSION OF WILD 
              ANIMALS.

    (a) Licensing and Other Requirements for Personal Possession.--The 
Animal Welfare Act (7 U.S.C. 2131 et seq.) is amended by adding at the 
end the following:

              ``TITLE II--SHAMBALA WILD ANIMAL PROTECTION

``SEC. 201. DEFINITIONS.

    ``As used in this title:
            ``(1) Protected wild animal.--
                    ``(A) General rule.--The term `protected wild 
                animal' means a wild, exotic, nonnative species of an 
                animal order and family specified in subparagraph (B) 
                or a wild, native species of an animal order and family 
                specified in such subparagraph, and any hybrid cross of 
                any such species, that is identified by the Secretary 
                of Agriculture under section 202 as being protected by 
                this title.
                    ``(B) Specified orders and families.--The animal 
                orders and families covered by this title are the 
                following:
                            ``(i) Carnivora: Felidae (Cats) and all 
                        subspecies.
                            ``(ii) Carnivora: Ursidae (Bears) and all 
                        subspecies.
                            ``(iii) Carnivora: Canidae (Wolves and 
                        Foxes) Canis (Wolf) and all subspecies.
                            ``(iv) Primates: Lemuridae (Lemurs-
                        Madagascar) and all subspecies.
                            ``(v) Primates: Indridae (Indrisoid Lemurs-
                        Madagascar) and all subspecies.
                            ``(vi) Primates: Daubentoniidae (Aye-Aye-
                        Madagascar) and all subspecies.
                            ``(vii) Primates: Lorisidae (Galagos and 
                        Loris) and all subspecies.
                            ``(viii) Primates: Cebidae (New World 
                        Monkeys) and all subspecies.
                            ``(ix) Primates: Callithrichidae 
                        (Marmosets) and all subspecies.
                            ``(x) Primates: Cercopithecidae (Old World 
                        Monkeys) and all subspecies.
                            ``(xi) Primates: Pongidae (Apes) and all 
                        subspecies.
            ``(2) Confinement facility.--The term ``confinement 
        facility'' means a cage, pen, or enclosure where a protected 
        wild animal is kept.
            ``(3) Law enforcement authority.--The term ``law 
        enforcement authority'' means a law enforcement officer of a 
        State or political subdivision of a State, including an animal 
        control officer or a conservation or law enforcement officer of 
        a State's wildlife protection agency, or a law enforcement 
        officer of the Federal Government.
            ``(4) Permit.--The term ``permit'' means a permit issued by 
        the Secretary under section 204 authorizing the personal 
        possession of a protected wild animal by a person and, in 
        certain circumstances, the transfer or the captive breeding of 
        the animal.
            ``(5) Permittee.--The term ``permittee'' means a person who 
        has been issued and holds a permit for the personal possession 
        of a protected wild animal.
            ``(6) Personal possession.--The terms ``personal 
        possession'' and ``personally possess'' refer to a person's 
        custody or confinement of a protected wild animal pursuant to a 
        claim of ownership of the animal.
            ``(7) Veterinarian.--The term ``veterinarian'' means a 
        person licensed to practice veterinary medicine.
            ``(8) Wildlife sanctuary.--The term ``wildlife sanctuary'' 
        means a nonprofit organization that is exempt from Federal 
        taxation under section 501(c)(3) of the Internal Revenue Code 
        of 1986 and that the Secretary determines operates a place of 
        refuge where abused, neglected, unwanted, impounded, abandoned, 
        orphaned, or displaced protected wild animals receive humane 
        care during their lifetime or pending their release back to 
        their natural habitats.

``SEC. 202. LIST OF PROTECTED WILD ANIMALS.

    ``(a) Preparation of List.--The Secretary shall prepare a list of 
all animal species and subspecies to be covered by the definition of 
protected wild animal. To be identified as a protected wild animal, the 
Secretary must determine that a species or subspecies--
            ``(1) is within an animal order and family specified in 
        section 201(a)(1)(B) or is a hybrid cross of such a species or 
        subspecies;
            ``(2) is not normally kept in the personal possession of 
        any person; and
            ``(3) would primarily exist without confinement or 
        restraint in a wild and free environment.
    ``(b) Publication.--The Secretary shall publish the list of 
identified protected wild animals, and any modifications to the list, 
in the Federal Register.
    ``(c) Changes to List.--The Secretary may modify the list of 
identified protected wild animals at any time to add or remove a 
species or subspecies from the list without further congressional 
action. However, the Secretary may not remove a species or subspecies 
from the list if it continues to meet the requirements of paragraphs 
(1), (2), and (3) of subsection (a).

``SEC. 203. PERMITS FOR PERSONAL POSSESSION OF PROTECTED WILD ANIMALS.

    ``(a) Permit Required for Personal Possession.--
            ``(1) In general.--A person may not personally possess a 
        protected wild animal in any State without a permit issued by 
        the Secretary.
            ``(2) Special rule for offspring.--If a protected wild 
        animal is the offspring of a protected wild animal for which a 
        person has a permit, the person may retain personal possession 
        of the offspring without a permit pending the Secretary's 
        consideration of the person's application for a permit, but 
        only if the person applies for such a permit within 30 days 
        after the birth of the offspring.
    ``(b) Permit Required for Transfer.--A person may not transfer the 
personal possession of a protected wild animal to another person in the 
same State or any other State unless the person obtaining personal 
possession of the protected wild animal has a permit issued by the 
Secretary.
    ``(c) Permit Required for Breeding.--A person may not personally 
possess a protected wild animal, or obtain personal possession of a 
protected wild animal, for purposes of breeding the animal unless the 
permit otherwise required under subsection (a) or (b) specifically 
authorizes use of the animal for that purpose.
    ``(d) Nontransferable.--A permit issued to one person is not 
transferable to any other person.
    ``(e) Exceptions to Permit Requirements.--The following persons or 
entities are not required to obtain a permit from the Secretary for the 
personal possession of a protected wild animal in any State:
            ``(1) Any agency or official of the Federal Government or 
        of a State or local government acting in their official 
        capacity.
            ``(2) Any research facility.
            ``(3) Any zoo, animal park, or wildlife sanctuary that is 
        licensed by a State or local government agency and is subject 
        to requirements and conditions under such license at least 
        equivalent to the requirements and conditions of this Act.
    ``(f) Transitional Provision.--Each person in personal possession 
of a protected wild animal on the effective date of this title may 
retain personal possession of the animal without a permit pending the 
Secretary's consideration of the person's application for a permit, but 
only if the person applies for such a permit within one year after that 
date.

``SEC. 204. PERMIT PROCESS.

    ``(a) Authority To Issue.--The Secretary, acting through the Animal 
and Plant Health Inspection Service, may issue a permit for the 
personal possession of a protected wild animal. At the discretion of 
the Secretary, the permit may also permit using the protected wild 
animal covered by the permit for breeding purposes.
    ``(b) Application.--To request a permit under this section, a 
person shall submit to the Secretary an application in such form as the 
Secretary may require. The application shall contain the information 
and guarantees required by this section and section 205 as well as such 
additional information as the Secretary may require.
    ``(c) Application Fee.--The Secretary may charge, assess, and cause 
to be collected reasonable fees to cover the costs incurred by the 
Department of Agriculture to process applications and issue permits 
under this section. Amounts collected under this subsection shall be 
treated in the manner provided in section 23 for other fees imposed 
under this Act.
    ``(d) Content of Application.--An application for a permit shall 
contain all of the following information with regard to the protected 
wild animal for which the permit is sought:
            ``(1) Species.
            ``(2) Gender.
            ``(3) Reproductive status, including proof of sterilization 
        if the animal is declared to be sterilized.
            ``(4) Age.
            ``(5) Date acquired or to be acquired.
            ``(6) Method of acquisition, whether an offspring of 
        another protected wild animal in the personal possession of the 
        applicant, purchase, donation, or other method.
            ``(7) Person from whom acquired or to be acquired, if the 
        animal is not an offspring of another protected wild animal in 
        the personal possession of the applicant.
            ``(8) The name and address of the licensed veterinarian who 
        will provide veterinary care.
            ``(9) Copies of all personal possession permits required by 
        State or local law for the animal.
            ``(10) Copies of license and surety bond for the animal in 
        an amount determined by the Secretary, based on the species, to 
        compensate for the cost of transportation and care of the 
        animal, in the event the animal is required to come into the 
        custody of Federal, State, or local authorities on a temporary 
        or permanent basis.
            ``(11) Such evidence as the Secretary may require regarding 
        the applicant's knowledge of the care necessary for the animal.
    ``(e) Relation to State Law.--The permit for a protected wild 
animal is valid in any State in which the possession of that type the 
wild animal is not prohibited by State law. In any State in which State 
law is applicable to the personal possession of a protected wild 
animal, the application for a permit under this section shall contain 
such proof of compliance with such State law as the Secretary may 
require.

``SEC. 205. REQUIRED GUARANTEES FOR PERSONAL POSSESSION OF PROTECTED 
              WILD ANIMALS.

    (a) Animal Care and Treatment.--As a condition on both the issuance 
of a permit for the personal possession of a protected wild animal and 
on the retention of a permit after issuance, the applicant for the 
permit shall guarantee that, during the entire period of personal 
possession of the animal, the following requirements will be satisfied:
            ``(1) The animal will be under competent adult supervision 
        and control so as to prevent injury or death to any animal or 
        human.
            ``(2) The animal will not be mistreated or neglected.
            ``(3) Care for the animal by a veterinarian will be 
        provided as needed, and such care will be documented.
            ``(4) The conditions in which the animal will be kept 
        comply with all applicable Federal, State, and local laws, 
        including regulations prescribed by the Secretary to protect 
        the animal's physical and psychological health and well being 
        by regulating the following factors during confinement:
                    ``(A) Temperature.
                    ``(B) Ventilation.
                    ``(C) Humidity.
                    ``(D) Drainage.
                    ``(E) Sanitation.
                    ``(F) Diet.
                    ``(G) Exercise.
                    ``(H) Enrichments and socialization.
            ``(5) Any confinement facility for the animal facility 
        meets all applicable Federal and State caging requirements.
    ``(b) Liability Coverage.--As a condition on both the issuance of a 
permit for the personal possession of a protected wild animal and on 
the retention of a permit after issuance, the applicant for the permit 
shall guarantee that the applicant has liability insurance coverage for 
the animal and will maintain such coverage during the entire period of 
personal possession of the animal.
    ``(c) Notification of Death of Animal.--When a protected wild 
animal for which a permit is issued dies, the death and disposition of 
the animal shall be certified in writing by a veterinarian, at the 
expense of the permittee. The permittee shall submit a copy of the 
certification to the Secretary within 10 business days after the death.
    ``(d) Effect of Escape or Release.--
            ``(1) Required notices.--If a protected wild animal escapes 
        or is released, whether intentionally or unintentionally, the 
        permittee shall immediately notify a law enforcement authority 
        of the escape or release. The permittee shall also notify the 
        Secretary as soon as possible in the manner prescribed by the 
        Secretary.
            ``(2) Responsibility for costs.--The permittee shall be 
        liable for all expenses associated with efforts to recapture 
        the animal and for any veterinary care of the animal upon 
        recapture.

``SEC. 206. SPECIAL REQUIREMENTS REGARDING IMPORT OR EXPORT OF 
              PROTECTED WILD ANIMALS.

    ``(a) Compliance With Applicable Law.--
            ``(1) Import requirements.--A person shall not import (or 
        attempt to import) a protected wild animal into the United 
        States except in compliance with all applicable State, Federal, 
        and international laws and treaties, including any law 
        prohibiting or regulating the possession of that type of 
        protected wild animal in the State to which the animal is 
        imported (or attempted to be imported).
            ``(2) Export requirements.--A person shall not export (or 
        attempt to export) a protected wild animal out of the United 
        States except in compliance with all of the applicable State, 
        Federal, and international laws and treaties, including any law 
        prohibiting or regulating the possession of that type of 
        protected wild animal in the foreign country to which the 
        animal is exported (or attempted to be exported).
    ``(b) Prior Approval.--
            ``(1) Import.--Before a protected wild animal is imported 
        into the United States, the person receiving the animal must 
        have a permit for the personal possession of the animal issued 
        by the Secretary under section 204.
            ``(2) Export.--The destination and proposed new possessor 
        of a protected wild animal to be exported from the United 
        States must be approved and permitted in the foreign country to 
        which the animal is to be exported pursuant to the laws of that 
        country.
    ``(c) Notice to Secretary.--A person importing or exporting a 
protected wild animal shall submit to the Secretary a statement 
regarding the person's acknowledgment and understanding of the terms 
and conditions under which the import or export of the animal is 
permitted. The statement shall include the place and conditions of 
quarantine, relating to such export, if required.

``SEC. 207. ENFORCEMENT AUTHORITY.

    ``(a) Use of Existing Authorities.--Sections 16 and 19 of this Act 
regarding the investigative and enforcement authority of the Secretary 
regarding dealers, exhibitors, and other persons subject to this Act 
shall apply with regard to the enforcement of this title, including the 
issuance of permits under section 204 and the enforcement of the permit 
requirements under sections 203 and 205.
    ``(b) Use of Law Enforcement Authorities.--The Secretary may 
authorize any law enforcement authority to confiscate or capture, by 
means of tranquilizing or other humane methods, a protected wild animal 
to ensure the compliance with and enforcement of this title.
    ``(c) Placement of Animals.--When probable cause exists that a 
protected wild animal is improperly permitted or is abandoned, escaped, 
or otherwise held in violation of this title, the Secretary or a law 
enforcement authority in possession of the animal may place in the 
animal in the protective care of a wildlife sanctuary. If the person 
who would otherwise have personal possession of the animal is not 
known, the animal shall be remanded to a wildlife sanctuary until 
ultimate disposition is determined.
    ``(d) Disposition Options.--Disposition options for a protected 
wild animal are as follows:
            ``(1) Return to the permittee of the animal.
            ``(2) Placement in a wildlife sanctuary either permanently 
        or until reclaimed under legal circumstances.
            ``(3) Euthanasia, subject to the restrictions in section 
        208.

``SEC. 208. RESTRICTIONS ON EUTHANASIA OF PROTECTED WILD ANIMALS.

    ``(a) Use of Euthanasia.--A protected wild animal may be euthanized 
only under the following circumstances, as determined by the Secretary:
            ``(1) When the animal is moribund or otherwise so 
        debilitated as to have negligible prospects for a quality 
        existence.
            ``(2) When the animal is in pain or distress with little 
        chance of alleviating its condition.
            ``(3) When the animal poses a significant health or safety 
        risk to humans or other animals.
            ``(4) When other extenuating and compelling circumstances 
        exist and no wildlife sanctuary is available or will accept the 
        animal.
    ``(b) Endangered or Threatened Species.--The euthanasia of any 
protected wild animal that is also federally listed as an endangered or 
threatened species shall require prior coordination with the Fish and 
Wildlife Service.

``SEC. 209. NOTICE OF PERMIT REQUIREMENTS.

    ``The Secretary department shall provide notice of the requirements 
of this title to each licensed dealer and exhibitor. To provide notice 
to the many other persons in personal possession of a protected wild 
animal as of the date of the enactment of this title, the Secretary 
shall use such methods of communication as the Secretary considers 
appropriate.''.
    (b) Conforming Amendment.--The Animal Welfare Act (7 U.S.C. 2131 et 
seq.) is amended by inserting after section 2 the following:

                    ``TITLE I--GENERAL PROVISIONS''.

    (c) Effective Date.--The amendments made by this section shall take 
effect one year after the date of the enactment of this Act.
                                 <all>