[Congressional Record Volume 150, Number 103 (Thursday, July 22, 2004)]
[Senate]
[Pages S8709-S8711]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. LAUTENBERG (for himself, Mr. Biden, Mr. Kennedy, Mr. 
        Levin, Mr. Corzine, Mrs. Feinstein, Mr. Feingold, Mr. Kohl, Mr. 
        Durbin, and Mr. Schumer):
  S. 2731. A bill to amend title 18, United States Code, to prohibit 
certain interstate conduct relating to exotic animals; to the Committee 
on the Judiciary.
  Mr. LAUTENBERG. Mr. President, I rise to introduce the Captive Exotic 
Animal Protection Act of 2004. This Act would prohibit the barbaric and 
unsporting practice of ``canned hunts.'' I am pleased to be joined by 
my cosponsors, Senators Biden, Kennedy, Levin, Corzine, Feinstein, 
Feingold, Kohl, Durbin and Schumer.

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  Canned hunts take place on private land under circumstances that 
virtually assure hunters of a kill. Although they advertise under a 
variety of names, such as hunting preserves or game ranches, canned 
hunts have two things in common: they charge a fee for killing an 
animal; and they violate the generally accepted practices of the 
hunting community, which are based on the concept of ``fair chase.'' 
Some canned hunts specialize in native species, such as white-tailed 
deer or elk, while others deal in exotic, non-native, animals that are 
either bred on-site or bought from dealers or breeders. Exotic animals 
may include surplus animals bought from wild animal parks, circuses, 
and petting zoos. Many canned hunts offer both native and exotic 
species to their customers. The Humane Society of the United States 
estimates that there are more than 1000 canned hunt operations in at 
least 25 different States.
  Canned hunts cater to persons who lack the time, and sometimes the 
skill, for normal sports hunting, but who have the money to pay the 
hefty fees charged for trophy kills. They do not require skill in 
tracking or shooting. For a price, many canned hunts guarantee a 
``hunter'' a kill of the animal of their choice. A wild boar ``kill'' 
may sell for up to $1000, a water buffalo for $3500, and a red deer for 
up to $6000.
  The ``hunt'' of these tame animals occurs within a fenced enclosure, 
leaving the animal virtually no chance for escape. Fed and cared for by 
humans, these animals have often lost their instinctive impulse to flee 
from hunters who ``stalk'' them. In addition to fencing, canned hunts 
use other practices to assure their customers a kill. They employ 
guides who are intimately familiar with their preserve or ranch, 
including locations where animals like to eat, bed down, and hide, and 
may use food plots and feeding stations to attract animals and make 
them easy targets from nearby shooting blinds or stands--all practices 
which are prohibited by many State game commissions.
  Canned hunts are strongly condemned by animal protection groups. The 
Fund for Animals has launched a national campaign against what it calls 
a ``cruel, unsporting, and egregious type of hunting.'' The Humane 
Society says that ``There is no more repugnant hunting practice than 
shooting tame, exotic mammals in fenced enclosures for a fee in order 
to obtain a trophy.'' The group believes that federal legislation is 
needed ``to halt the cruel and unsportsmanlike business of canned 
hunts.''
  Canned hunts violate the principles of the sport of hunting. The 
Boone and Crockett Club, a hunting organization founded by Teddy 
Roosevelt, defines ``fair chase'' as the ``ethical, sportsmanlike, and 
lawful pursuit and taking of any free-ranging wild, native North 
American big game animal in a manner that does not give the hunter an 
improper advantage over such animals.'' Surely exotic animals held in 
canned hunt facilities can in no way be considered ``free-ranging,'' 
and the hunters at such facilities clearly have an enormous ``improper 
advantage'' over the animals.
  In addition to being unethical, canned hunts may pose a serious 
health and safety threat to domestic livestock and native wildlife. 
Accidental escapes of exotic animals from game ranches are not 
uncommon, posing a danger to nearby livestock and indigenous wildlife. 
A dire threat to native deer and elk populations in this country is 
chronic wasting disease, the deer equivalent of mad cow disease. In 
some States, experts believe that canned hunts, with their fences and 
high concentrations of animals, are encouraging transmission of this 
disease.
  In recognition of these threats, several states have banned canned 
hunting of mammals. Unfortunately, most states lack laws to outlaw this 
practice. Because interstate commerce in exotic animals is common, 
Federal legislation is essential to control these cruel practices.
  My bill is essentially the same as legislation S. 1655, that was 
reported by the Judiciary Committee late in the 107th Congress and 
sponsored by Senator Biden. It is similar to legislation that I 
introduced in the 106th, S. 1345, 105th, S. 995, and 104th, S. 1493, 
Congresses. The legislation that I am introducing today will target 
only canned hunt facilities that allow the hunting of exotic, non-
native, mammals. It is important to note what the bill does and does 
not do: (1) The bill does not regulate the hunting of native mammals, 
such as white-tail deer; (2) the bill does not regulate the hunting of 
birds, native or exotic, such as doves, pheasants, and mallard ducks; 
(3) the bill protects only exotic, non-native, mammals that have been 
confined for the greater part of the animal's life or a year, whichever 
is shorter; (4) the bill does not cover exotic mammals living as they 
would in the wild on large preserves where they have an opportunity to 
avoid hunters, 1000 acres or larger; and (5) the bill regulates the 
conduct of persons who operate canned hunts or traffic in exotic 
mammals used in such hunts, not the hunters who patronize canned hunt 
facilities. In summary, my bill would merely ban the transport and 
trade of non-native, exotic mammals for the purpose of staged trophy 
hunts.
  The idea of a defenseless animal meeting a violent end as the target 
of a canned hunt is, at the very least, distasteful to many Americans. 
In an era when we are seeking to curb violence in our culture, canned 
hunts are certainly one form of gratuitous brutality that does not 
belong in our society. I urge my colleagues to join me in supporting 
this legislation, which will help end this needless practice.
  I ask unanimous consent that the text of the bill be printed in the 
Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                S. 2731

       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 Exotic Animal 
     Protection Act of 2004''.

     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.--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, 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;

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       ``(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''.
                                 ______