[Congressional Record (Bound Edition), Volume 151 (2005), Part 2]
[Senate]
[Page 2531]
[From the U.S. Government Publishing Office, www.gpo.gov]




              ANIMAL FIGHTING PROHIBITION ENFORCEMENT ACT

  Mr. ENSIGN. Mr. President, I rise to reintroduce the Animal Fighting 
Prohibition Enforcement Act, legislation that garnered the support of 
51 Senate cosponsors and 201 House cosponsors in the 108th Congress but 
didn't quite make it over the finish line. I thank my colleagues for 
their support in this endeavor to protect the welfare of animals and 
express my hope that we will get the job done early in this session. 
This legislation targets the troubling, widespread, and often 
underground activities of dogfighting and cockfighting where dogs and 
birds are bred and trained to fight to the death. This is done for the 
sheer enjoyment and illegal wagering of the animals' handlers and 
spectators.
  These activities are reprehensible and despicable. Our States' laws 
reflect this sentiment. All 50 States have prohibited dogfighting. It 
is considered a felony in 48 States. Cockfighting is illegal in 48 
States, and it is a felony in 31 States. In my home State of Nevada, 
both dogfighting and cockfighting are considered felonies. In fact, it 
is a felony to even attend a dogfighting or cockfighting match.
  Unfortunately, in spite of public opposition to extreme animal 
suffering, these animal fighting industries thrive. There are 11 
underground dogfighting publications and several above-ground 
cockfighting magazines. These national magazines advertise and sell 
animals and the materials associated with animal fighting. They also 
seek to legitimize this shocking practice.
  During the consideration of the farm bill in 2001, a provision was 
included that closed loopholes in the Federal animal fighting law. Both 
the House and the Senate also increased the maximum jail time for 
individuals who violate this law from 1 year to 2 years, making any 
violation a Federal felony. However, during the conference, the jail 
time increase was removed.
  Then in 2003, I offered an amendment to the Healthy Forests bill that 
would have had the same effect as the bill I am introducing today. The 
Senate agreed to this amendment by unanimous consent, but it was again 
taken out in conference.
  Now, I am hoping the third time is the charm. In the form that is 
being introduced today, this legislation passed the House Judiciary 
Committee in September 2004. It is ripe for enactment early in the 
109th Congress. This legislation has been endorsed by the USDA, the 
American Veterinary Medical Association, more than 150 State and local 
police and sheriffs departments across the country, and a host of 
others. The only groups opposing it are the cockfighters and the 
dogfighters.
  The bill seeks to do two things. First, it increases the penalty to 
the felony level--up to 2 years jail time for offenders. I am informed 
by U.S. attorneys that they are hesitant to pursue animal fighting 
cases with merely a misdemeanor penalty. The USDA has received 
innumerable tips from informants and requests to assist with State and 
local prosecutions but has only been able to help in a handful of cases 
since Congress first passed the Federal animal fighting law in 1976. 
For example, in my own State last year, law enforcement authorities 
raided an ongoing cockfight involving about 200 people from Nevada and 
other States. The USDA wanted to pursue Federal charges, to complement 
the local effort, but the U.S. Attorney's Office declined to prosecute 
because the Federal crime was only a misdemeanor. Increased penalties 
will provide a greater incentive for Federal authorities to pursue 
animal fighting cases.
  Second, the bill prohibits the interstate shipment of cockfighting 
implements, such as razor-sharp knives and gaffs. The specific knives 
are commonly known as ``slashers.'' The slashers and icepick-like gaffs 
are attached to the legs of birds to make the cockfights more violent 
and to induce bleeding of the animals. These weapons are used only in 
cockfights. Since Congress has restricted shipment of birds for 
fighting, it should also restrict implements designed specifically for 
fights.
  This is commonsense, long-overdue legislation. It does not expand the 
Federal Government's reach into a new area but simply aims to make 
current law more effective. It is explicitly limited to interstate and 
foreign commerce, so it protects States rights in the two States, 
Louisiana and New Mexico, where cockfighting is still allowed. Further, 
it protects States rights in the other 48 States where weak Federal law 
is compromising their ability to keep animal fighting outside their 
borders.
  Mr. President, this legislation is needed for humane reasons. But it 
is also urgently needed to protect poultry health and public health. In 
2002 to 2003, we had an outbreak of exotic Newcastle disease among 
poultry in my home State of Nevada, as well as in California, Arizona, 
and Texas. According to the USDA, this deadly disease was spread in 
large part by illegal cockfighters. It cost taxpayers about $200 
million to contain and cost the poultry industry many millions more in 
lost export markets. In Asia, at least four children died last year due 
to exposure to bird flu from cockfighting activity, according to news 
reports. One Malaysian news agency noted that surveys by the 
``Veterinary Department show that irresponsible cock-fighting 
enthusiasts are the main `culprits' for bringing the avian influenza 
virus into the state.'' Fortunately, bird flu has not yet jumped the 
species barrier in this country, but we ought to do all we can to 
minimize the risk. One of the ways to ensure greater protection against 
the spread of these dangerous avian diseases is to enforce the ban on 
interstate and foreign shipment of birds for the purpose of fighting. 
Our bill ensures that penalties are in place to encourage meaningful 
enforcement of this ban.
  I appreciate the strong support of Senators Specter, Cantwell, 
Feinstein, DeWine, Kennedy, Kyl, Kohl, Lugar, Vitter, Leahy, and 
Santorum in this effort and look forward to the overwhelming support of 
my other colleagues in the Senate. I also wish to recognize 
Representative Mark Green for his leadership in reintroducing an 
identical bill in the House today. Surely, this is an issue that must 
be addressed as soon as possible. We cannot allow this barbaric 
practice to continue in our civilized society.

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