[Federal Register Volume 68, Number 91 (Monday, May 12, 2003)]
[Notices]
[Pages 25315-25316]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-11708]


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DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

[Docket No. 03-012-1]


Animal Welfare; Animal Fighting Venture Prohibition

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Notice.

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SUMMARY: The Farm Security and Rural Investment Act of 2002 amended 
section 26 of the Animal Welfare Act (AWA) by adding specific 
provisions regarding the sale, purchase, transportation, delivery, or 
receipt of live birds in commerce for participation in animal fighting 
ventures in States where the practice is permitted by law. The Animal 
and Plant Health Inspection Service is publishing this notice in order 
to increase the public visibility of these additional AWA provisions 
regarding animal fighting venture prohibitions.

FOR FURTHER INFORMATION CONTACT: Dr. Jerry DePoyster, Senior Veterinary 
Medical Officer, Animal Care, APHIS, 4700 River Road Unit 84, 
Riverdale, MD 20737-1234; (301) 734-7586.

SUPPLEMENTARY INFORMATION:

Background

    The Animal Welfare Act (7 U.S.C. 2131 et seq., referred to below as 
the AWA) authorizes the Secretary of Agriculture to promulgate 
standards and other requirements governing the humane handling, care, 
treatment, and transportation of certain animals by

[[Page 25316]]

dealers, research facilities, exhibitors, carriers and intermediate 
handlers. The Secretary has delegated responsibility for administering 
the AWA to the Administrator of the Animal and Plant Health Inspection 
Service (APHIS). Within APHIS, the responsibility for administration of 
the AWA has been delegated to Animal Care. Regulations established 
under the AWA are contained in 9 CFR chapter 1, subchapter A, parts 1, 
2, 3, and 4. Part 1 contains definitions for terms used in parts 2, 3, 
and 4; part 2 contains general requirements for regulated parties; part 
3 contains specific requirements for the care and handling of certain 
animals; and part 4 contains rules of practice for the enforcement of 
the AWA.
    Section 26 of the AWA (7 U.S.C. 2156) concerns animal fighting 
ventures. Paragraph (a) of that section has provided that ``[i]t shall 
be unlawful for any person to knowingly sponsor or exhibit an animal in 
any animal fighting venture to which any animal was moved in interstate 
or foreign commerce.'' However, the Farm and Security Rural Investment 
Act of 2002 (Pub. L. 107-171, signed into law on May 13, 2002), revised 
paragraph (a) to read:

    (a) SPONSORING OR EXHIBITING AN ANIMAL IN AN ANIMAL FIGHTING 
VENTURE.--
    (1) IN GENERAL.--Except as provided in paragraph (2), it shall 
be unlawful for any person to knowingly sponsor or exhibit an animal 
in an animal fighting venture, if any animal in the venture was 
moved in interstate or foreign commerce.
    (2) SPECIAL RULE FOR CERTAIN STATES.--With respect to fighting 
ventures involving live birds in a State where it would not be in 
violation of the law, it shall be unlawful under this subsection for 
a person to sponsor or exhibit a bird in the fighting venture only 
if the person knew that any bird in the fighting venture was 
knowingly bought, sold, delivered, transported, or received in 
interstate or foreign commerce for the purpose of participation in 
the fighting venture.

    To increase the public visibility of these new AWA provisions, 
which are to become effective on May 13, 2003, APHIS is publishing this 
notice pursuant to its authority under the AWA.

    Done in Washington, DC, this 6th day of May, 2003.
Peter Fernandez,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 03-11708 Filed 5-9-03; 8:45 am]
BILLING CODE 3410-34-P