[Congressional Record Volume 151, Number 11 (Monday, February 7, 2005)]
[Senate]
[Pages S1055-S1056]
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. Kohl, Mr. Corzine, Mr. Feingold, Mr. Durbin, Mr. 
        Schumer, Ms. Mikulski, and Mr. Akaka):
  S. 304. A bill to amend title 18, United States Code, to prohibit 
certain interstate conduct gng to exotic animals; to the Committee on 
the Judiciary.
  Mr. LAUTENBERG. Mr. President, I rise to introduce the Sportsmanship 
in Hunting Act of 2005. This bill would prohibit the barbaric and 
unsporting practice of ``canned hunts.'' I am pleased to be joined by 
my cosponsors, Senators Biden, Kennedy, Levin, Corzine, Feingold, Kohl, 
Durbin, Schumer, Mikulski, and Akaka.
  Canned hunts, also called canned shoots, take place on private land 
under circumstances that virtually assure a customer of a kill. 
Although they are advertised 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 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 States.
  Canned hunts cater to persons who lack the time, and sometimes the 
skill, for normal sports hunting. They do not require skill in tracking 
or shooting. For a price, many canned hunts quarantee a shooter a kill 
of the animal of his or her choice. A wild boar ``kill'' may sell for 
up to $1,000, a water buffalo for $3,500, and a red deer for up to 
$6,000.
  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 shooters who ``stalk'' them. In addition to fencing, canned hunts 
use other practices to assure their customers a kill. For example, they 
may bait them, using feeding stations to attract animals and make them 
easy targets from nearby shooting blinds or stands. These practices are 
prohibited by many State game commissions.
  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 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 animals. As a result, many real hunters are opposed to 
the practice of canned hunting, believing it to make a mockery of their 
sport.
  Canned hunts are strongly condemned by animal protection groups. 
Often, in order to preserve the animal as a ``trophy,'' customers will 
fire multiple shots into nonvital organs, condemning the animal to a 
slow and painful death. Because the animal cannot escape, the shooter 
has the time to place his shots. 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.''

  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 is 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 cow disease. In some states, 
experts believe that canned hunts, with their 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 that was introduced in 
the 108th Congress, S. 2731, and legislation reported by the Judiciary 
Committee in the 107th Congress and sponsored by Senator Biden, S. 
1655. 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 (nonnative) 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 any birds; 3. The bill protects 
only exotic (non-native) mammals in areas where they do not have an 
opportunity to avoid hunters, smaller than 1000 acres; and 4. 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 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 bill was ordered to be printed in the 
Record, as follows:

                                 S. 304

       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

[[Page S1056]]

     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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