[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 1655 Reported in Senate (RS)]






                                                       Calendar No. 754
107th CONGRESS
  2d Session
                                S. 1655

 To amend title 18, United States Code, to prohibit certain interstate 
                  conduct relating to exotic animals.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            November 8, 2001

Mr. Biden (for himself, Mrs. Feinstein, Ms. Mikuslski, Mr. Durbin, Mr. 
levin, Mr. Torricelli, Mr. Wyden, Mr. Kohl, Ms. Cantwell, Mr. Corzine, 
Mr. Feingold, Mr. Kennedy, Mrs. Murray, and Mr. Schumer) introduced the 
 following bill; which was read twice and referred to the Committee on 
                             the Judiciary

                           November 14, 2001

                Reported by Mr. Leahy, with an amendment

_______________________________________________________________________

 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

                                 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,

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``Captive Exotic Animal 
Protection Act of 2001''.</DELETED>

<DELETED>SEC. 2. TRANSPORT OR POSSESSION OF EXOTIC ANIMALS FOR PURPOSES 
              OF KILLING OR INJURING THEM.</DELETED>

<DELETED>    (a) In General.--Chapter 3 of title 18, United States 
Code, is amended by adding at the end the following:</DELETED>
<DELETED>``Sec.  48. Exotic animals</DELETED>
<DELETED>    ``(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.</DELETED>
<DELETED>    ``(b) Definitions.--In this section--</DELETED>
        <DELETED>    ``(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 for the shorter of--
        </DELETED>
                <DELETED>    ``(A) the greater part of the life of the 
                animal; or</DELETED>
                <DELETED>    ``(B) a period of 1 year;</DELETED>
        <DELETED>whether or not the defendant knew the length of the 
        captivity; and</DELETED>
        <DELETED>    ``(2) the term `captivity' does not include any 
        period during which an animal--</DELETED>
                <DELETED>    ``(A) lives as it would in the wild, 
                surviving primarily by foraging for naturally occurring 
                food, roaming at will over an open area of not less 
                than 1,000 acres; and</DELETED>
                <DELETED>    ``(B) has the opportunity to avoid 
                hunters.''.</DELETED>
<DELETED>    (b) Clerical Amendment.--The analysis for chapter 3 of 
title 18, United States Code, is amended by adding at the end the 
following:</DELETED>

<DELETED>``48. Exotic animals.''.

</DELETED>SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Captive Exotic Animal Protection Act 
of 2002''.

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 
        evade or elude 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 canned 
        hunt facilities 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 or take issue with 
        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 as is sometimes part of farm 
        practice.

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.  48. 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 for the shorter of--
                    ``(A) the greater part of the life of the animal; 
                or
                    ``(B) a period of 1 year;
        whether or not the defendant knew the length of the captivity; 
        and
            ``(2) the term `captivity' does not include any period 
        during which an animal--
                    ``(A) lives as it would in the wild, surviving 
                primarily by foraging for naturally occurring food, 
                roaming at will over an open area of not less than 
                1,000 acres; and
                    ``(B) has 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, and may execute any warrant or 
                other process issued by an officer or court of 
                competent jurisdiction to enforce this section; and
                    ``(B) 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) Clerical Amendment.--The analysis for chapter 3 of title 18, 
United States Code, is amended by adding at the end the following:

``48. Exotic animals.''.
                                                       Calendar No. 754

107th CONGRESS

  2d Session

                                S. 1655

_______________________________________________________________________

                                 A BILL

 To amend title 18, United States Code, to prohibit certain interstate 
                  conduct relating to exotic animals.

_______________________________________________________________________

                           November 14, 2002

                       Reported with an amendment