[Congressional Record Volume 149, Number 17 (Thursday, January 30, 2003)]
[Senate]
[Pages S1833-S1834]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. JEFFORDS (for himself, Mr. Ensign, Mr. Wyden, Mr. Levin, 
        and Mr. Smith):
  S. 269. A bill to amend the Lacey Act Amendments of 1981 to further 
the conservation of certain wildlife species; to the Committee on 
Environment and Public Works.
  Mr. JEFFORDS. Mr. President, I rise today to introduce the Captive 
Wildlife Safety Act, a firm commitment to protect public safety and the 
welfare of wild cats that are increasingly being kept as pets. I am 
joined by Senator Ensign of Nevada, Senator Wyden of Oregon and Senator 
Levin of Michigan as original co-sponsors of this legislation.
  This bill amends the Lacy Act Amendment of 1981 to bar the interstate 
and foreign commerce of carnivorous wild cats, including lions, tigers, 
leopards, cheetahs, and cougars. The legislation would not ban all 
private ownership of these prohibited species, but would outlaw the 
commerce of these animals for use as pets.
  Current figures estimate that there are more than 5,000 tigers in 
captivity in the United States. In fact, there are more tigers in 
captivity in the United States than there are in native habitats 
throughout the range in Asia. While some tigers are kept in zoos, most 
of these animals are kept as pets, living in cages behind someone's 
house, in a State that does not restrict private ownership of dangerous 
animals.
  Tigers are not the only animals sought as exotic pets. Today there 
are more than 1,000 web sites that specialize in the trade of lions, 
cougars, and leopards to promote them as domestic pets.
  Untrained owners are not capable of meeting the needs of these 
animals. Local veterinarians, animal shelters, and local governments 
are ill equipped to meet the challenge of providing for their proper 
care. If they are to be kept in captivity, these animals must be cared 
for by trained professionals who can meet their behavioral, nutrition, 
and physical needs.
  People who live near these animals are also in real danger. These 
cats are large and powerful animals, capable of injuring or killing 
innocent people. There are countless stories of many unfortunate and 
unnecessary incidents where dangerous exotic cats have endangered 
public safety. Last year in Lexington, TX, a three-year-old boy was 
killed by his stepfather's pet tiger. In Loxahatchee, FL, a 58 year-old 
woman was bitten on the head by a 750 pound Siberian-Bengal Tiger being 
kept as a pet, and in Quitman, AR, four 600 to 800 pound tigers escaped 
from a ``private safari''. Parents living nearby sat in their front 
yards with high-powered rifles, guarding their children at play, 
frightened that the wild tigers might attack them.
  This is a balanced approach that preserves the rights of those 
already regulated by the Department of Agriculture under the Animal 
Welfare Act such as circuses, zoos, and research facilities. This Act 
specifically targets unregulated and untrained individuals who are 
maintaining these wild cats as exotic pets.
  The Captive Wildlife Safety Act represents an emerging consensus on 
the need for comprehensive federal legislation to regulate what animals 
can be kept as pets. The United States Department of Agriculture 
states, ``Large wild and exotic cats such as lions, tigers, cougars, 
and leopards are dangerous animals . . . Because of these animals' 
potential to kill or severely injure both people and other animals, an 
untrained person should not keep them as pets. Doing so poses serious 
risks to family, friends, neighbors, and the general public. Even an 
animal that can be friendly and lovable can be very dangerous.''
  The American Veterinary Medical Association also ``strongly opposes 
the keeping of wild carnivore species of animals as pets and believes 
that all commercial traffic of these animals for such purpose should be 
prohibited.''
  This bill preserves those local regulations already in existence. 
Full bans are already in place in 12 States and partial bans have been 
enacted in 7 States. I sincerely hope that grass roots organizations 
continue to encourage State and local governments to ban the private 
ownership of exotic cats.
  The Captive Wildlife Safety Act is supported by the Association of 
Zoos and Aquariums, the Humane Society of the United States, the Funds 
for Animals, and the International Fund for Animal Welfare.
  No one should be endangered by those who cannot properly keep these 
animals. Exotic cats in captivity should be able to live humanely and 
healthfully.
  I ask my colleagues to support this legislation and look forward to 
working with our partners in the House to enact the Captive Wildlife 
Safety Act.
  I ask unanimous consent that the text of the bill be printed in the 
Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                 S. 269

       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 Wildlife Safety 
     Act''.

     SEC. 2. DEFINITION OF PROHIBITED WILDLIFE SPECIES.

       Section 2 of the Lacey Act Amendments of 1981 (16 U.S.C. 
     3371) is amended--
       (1) by redesignating subsections (g) through (j) as 
     subsections (h) through (k), respectively; and
       (2) by inserting after subsection (f) the following:
       ``(k) Prohibited wildlife species.--The term `prohibited 
     wildlife species' means any live lion, tiger, leopard, 
     cheetah, jaguar, or cougar.''.

     SEC. 3. PROHIBITED ACTS.

       (a) In General.--Section 3 of the Lacey Act Amendments of 
     1981 (16 U.S.C. 3372) is amended--
       (1) in subsection (a)--
       (A) in paragraph (2)--
       (i) in subparagraph (A), by striking ``, or'' at the end 
     and inserting a semicolon;
       (ii) in subparagraph (B), by inserting ``or'' after the 
     semicolon at the end; and
       (iii) by adding at the end the following:
       ``(C) any prohibited wildlife species (subject to 
     subsection (e));'';
       (B) in paragraph (3)(B), by inserting ``or'' after the 
     semicolon at the end; and
       (C) in paragraph (4), by striking ``paragraphs (1) through 
     (4)'' and inserting ``paragraphs (1) through (3)''; and
       (2) by adding at the end the following:
       ``(e) Nonapplicability of Prohibited Wildlife Species 
     Offense.--
       ``(1) In general.--Subsection (a)(2)(C) does not apply to--
       ``(A) any zoo, circus, research facility licensed or 
     registered and inspected by a Federal agency, or aquarium;
       ``(B) any person accredited by the Association of 
     Sanctuaries or the American Sanctuary Association;
       ``(C) any State college, university, or agency, State-
     licensed wildlife rehabilitator, or State-licensed 
     veterinarian;
       ``(D) any incorporated humane society, animal shelter, or 
     society for the prevention of cruelty to animals;
       ``(E) any federally-licensed and inspected breeder or 
     dealer that is conducting any breeding or dealing activity 
     with a person referred to in this paragraph; or
       ``(F) any person having custody of a wild animal solely for 
     the purpose of transporting the animal to a person referred 
     to in this paragraph.
       ``(2) Regulations.--Not later than 180 days after the date 
     of enactment of this subsection, the Secretary, in 
     consultation with the heads of other relevant Federal 
     agencies, shall promulgate regulations describing the persons 
     or entities to which paragraph (1) applies.
       ``(3) State authority.--Nothing in this subsection preempts 
     or supersedes the authority of a State to regulate wildlife 
     species within that State.''.
       (b) Application.--Section 3(a)(2)(C) of the Lacey Act 
     Amendments of 1981 (as added by subsection (a)(1)(A)(iii)) 
     shall apply beginning on the effective date of regulations 
     promulgated under section 3(e)(2) of that Act (as added by 
     subsection (a)(2)).
  Mr. ENSIGN. Mr. President, today, I am pleased to be joined by my 
distinguished colleagues in introducing legislation that addresses the 
welfare of exotic animals throughout the country. Specifically, this 
bill prohibits the interstate shipment of exotic animals; namely lions, 
cheetahs, tigers, jaguars, and leopards. Only zoos, circuses, 
sanctuaries, universities, licensed breeders and other Federal and 
State licensed facilities are exempted from this prohibition.
  During my days as a practicing veterinarian, I saw firsthand exotic 
animals mistreated by owners who were ill-prepared to care for them. 
All too often, large cats are put in cages that are too small to 
accommodate their growing needs. Owners often buy a young tiger or cat, 
paying more attention to their cuddly exterior rather

[[Page S1834]]

than the overwhelming responsibility that comes along with raising an 
animal that will grow into a large, wild, predator.
  In my home State of Nevada, there is a burgeoning population of 
exotic animals being kept as pets. I have been contacted by animal 
control centers throughout the State that are called to aid in 
situations where a wild tiger or lion has escaped and run amok. In 
these situations, not only are the owners and the animal control 
professionals in danger, so too are children and other neighbors who 
may be in the wrong place at the wrong time. These animals' instinct is 
to attack, and they will do so, if given the opportunity. That is why 
only highly trained individuals who have the know-how and the resources 
should be able to own exotic animals.
  In fact, I am informed that officials in Nye County in my home State, 
are working to pass a county ordinance that would ban the ownership of 
exotic animals because of the threat these animals pose to public 
safety. We have the support and backing of the Humane Society of the 
United States, the American Veterinary Medical Association, and the 
American Zoo and Aquarium Association.
  This legislation protects the public, but also ensures that the 
animals receive the best care possible from certified and trained 
owners. I look forward to having the overwhelming support of my 
colleagues in the Senate.
                                 ______