[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 304 Introduced in Senate (IS)]







109th CONGRESS
  1st Session
                                 S. 304

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


_______________________________________________________________________


                   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.

    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 ``Sportsmanship in Hunting Act of 
2005''.

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.--
            ``(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.''.
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