HR 5057 IH

To amend the Animal Welfare Act to regulate the personal possession of certain wild animals and to amend title 18 of the United States Code, to prohibit the transport or possession of certain wild animals for purposes of hunting them.

July 27, 2000

Mr. LANTOS (for himself, Mr. SHAYS, Ms. RIVERS, Mrs. MORELLA, Mr. NEAL of Massachusetts, Mr. PORTER, Mr. MORAN of Virginia, Mr. KASICH, Mr. KUCINICH, Mr. GALLEGLY, Mr. FARR of California, Mr. FILNER, Mr. PALLONE, Mrs. LOWEY, and Mr. STARK) introduced the following bill; which was referred to the Committee on Agriculture, and in addition to the Committee on Resources, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned

To amend the Animal Welfare Act to regulate the personal possession of certain wild animals and to amend title 18 of the United States Code, to prohibit the transport or possession of certain wild animals for purposes of hunting them.

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 `Shambala Wild Animal Protection Act of 2000'.

SEC. 2. AMENDMENT OF ANIMAL WELFARE ACT TO REGULATE POSSESSION OF WILD ANIMALS.

(a) LICENSING AND OTHER REQUIREMENTS FOR PERSONAL POSSESSION- The Animal Welfare Act (7 U.S.C. 2131 et seq.) is amended by adding at the end the following:

`TITLE II--SHAMBALA WILD ANIMAL PROTECTION

`SEC. 201. DEFINITIONS.

`As used in this title:

`(1) PROTECTED WILD ANIMAL-

`(A) GENERAL RULE- The term `protected wild animal' means a wild, exotic, nonnative species of an animal order and family specified in subparagraph (B) or a wild, native species of an animal order and family specified in such subparagraph, and any hybrid cross of any such species, that is identified by the Secretary of Agriculture under section 202 as being protected by this title.

`(B) SPECIFIED ORDERS AND FAMILIES- The animal orders and families covered by this title are the following:

`(i) Carnivora: Felidae (Cats) and all subspecies.

`(ii) Carnivora: Ursidae (Bears) and all subspecies.

`(iii) Carnivora: Canidae (Wolves and Foxes) Canis (Wolf) and all subspecies.

`(iv) Primates: Lemuridae (Lemurs-Madagascar) and all subspecies.

`(v) Primates: Indridae (Indrisoid Lemurs-Madagascar) and all subspecies.

`(vi) Primates: Daubentoniidae (Aye-Aye-Madagascar) and all subspecies.

`(vii) Primates: Lorisidae (Galagos and Loris) and all subspecies.

`(viii) Primates: Cebidae (New World Monkeys) and all subspecies.

`(ix) Primates: Callithrichidae (Marmosets) and all subspecies.

`(x) Primates: Cercopithecidae (Old World Monkeys) and all subspecies.

`(xi) Primates: Pongidae (Apes) and all subspecies.

`(2) CONFINEMENT FACILITY- The term `confinement facility' means a cage, pen, or enclosure where a protected wild animal is kept.

`(3) LAW ENFORCEMENT AUTHORITY- The term `law enforcement authority' means a law enforcement officer of a State or political subdivision of a State, including an animal control officer or a conservation or law enforcement officer of a State's wildlife protection agency, or a law enforcement officer of the Federal Government.

`(4) PERMIT- The term `permit' means a permit issued by the Secretary under section 204 authorizing the personal possession of a protected wild animal by a person and, in certain circumstances, the transfer or the captive breeding of the animal.

`(5) PERMITTEE- The term `permittee' means a person who has been issued and holds a permit for the personal possession of a protected wild animal.

`(6) PERSONAL POSSESSION- The terms `personal possession' and `personally possess' refer to a person's custody or confinement of a protected wild animal pursuant to a claim of ownership of the animal.

`(7) VETERINARIAN- The term `veterinarian' means a person licensed to practice veterinary medicine.

`(8) WILDLIFE SANCTUARY- The term `wildlife sanctuary' means a nonprofit organization that is exempt from Federal taxation under section 501(c)(3) of the Internal Revenue Code of 1986 and that the Secretary determines operates a place of refuge where abused, neglected, unwanted, impounded, abandoned, orphaned, or displaced protected wild animals receive humane care during their lifetime or pending their release back to their natural habitats.

`SEC. 202. LIST OF PROTECTED WILD ANIMALS.

`(a) PREPARATION OF LIST- The Secretary shall prepare a list of all animal species and subspecies to be covered by the definition of protected wild animal. To be identified as a protected wild animal, the Secretary must determine that a species or subspecies--

`(1) is within an animal order and family specified in section 201(a)(1)(B) or is a hybrid cross of such a species or subspecies;

`(2) is not normally kept in the personal possession of any person; and

`(3) would primarily exist without confinement or restraint in a wild and free environment.

`(b) PUBLICATION- The Secretary shall publish the list of identified protected wild animals, and any modifications to the list, in the Federal Register.

`(c) CHANGES TO LIST- The Secretary may modify the list of identified protected wild animals at any time to add or remove a species or subspecies from the list without further congressional action. However, the Secretary may not remove a species or subspecies from the list if it continues to meet the requirements of paragraphs (1), (2), and (3) of subsection (a).

`SEC. 203. PERMITS FOR PERSONAL POSSESSION OF PROTECTED WILD ANIMALS.

`(a) PERMIT REQUIRED FOR PERSONAL POSSESSION-

`(1) IN GENERAL- A person may not personally possess a protected wild animal in any State without a permit issued by the Secretary.

`(2) SPECIAL RULE FOR OFFSPRING- If a protected wild animal is the offspring of a protected wild animal for which a person has a permit, the person may retain personal possession of the offspring without a permit pending the Secretary's consideration of the person's application for a permit, but only if the person applies for such a permit within 30 days after the birth of the offspring.

`(b) PERMIT REQUIRED FOR TRANSFER- A person may not transfer the personal possession of a protected wild animal to another person in the same State or any other State unless the person obtaining personal possession of the protected wild animal has a permit issued by the Secretary.

`(c) PERMIT REQUIRED FOR BREEDING- A person may not personally possess a protected wild animal, or obtain personal possession of a protected wild animal, for purposes of breeding the animal unless the permit otherwise required under subsection (a) or (b) specifically authorizes use of the animal for that purpose.

`(d) NONTRANSFERABLE- A permit issued to one person is not transferable to any other person.

`(e) EXCEPTIONS TO PERMIT REQUIREMENTS- The following persons or entities are not required to obtain a permit from the Secretary for the personal possession of a protected wild animal in any State:

`(1) Any agency or official of the Federal Government or of a State or local government acting in their official capacity.

`(2) Any research facility.

`(3) Any zoo, animal park, or wildlife sanctuary that is licensed by a State or local government agency and is subject to requirements and conditions under such license at least equivalent to the requirements and conditions of this Act.

`(f) TRANSITIONAL PROVISION- Each person in personal possession of a protected wild animal on the effective date of this title may retain personal possession of the animal without a permit pending the Secretary's consideration of the person's application for a permit, but only if the person applies for such a permit within one year after that date.

`SEC. 204. PERMIT PROCESS.

`(a) AUTHORITY TO ISSUE- The Secretary, acting through the Animal and Plant Health Inspection Service, may issue a permit for the personal possession of a protected wild animal. At the discretion of the Secretary, the permit may also permit using the protected wild animal covered by the permit for breeding purposes.

`(b) APPLICATION- To request a permit under this section, a person shall submit to the Secretary an application in such form as the Secretary may require. The application shall contain the information and guarantees required by this section and section 205 as well as such additional information as the Secretary may require.

`(c) APPLICATION FEE- The Secretary may charge, assess, and cause to be collected reasonable fees to cover the costs incurred by the Department of Agriculture to process applications and issue permits under this section. Amounts collected under this subsection shall be treated in the manner provided in section 23 for other fees imposed under this Act.

`(d) CONTENT OF APPLICATION- An application for a permit shall contain all of the following information with regard to the protected wild animal for which the permit is sought:

`(1) Species.

`(2) Gender.

`(3) Reproductive status, including proof of sterilization if the animal is declared to be sterilized.

`(4) Age.

`(5) Date acquired or to be acquired.

`(6) Method of acquisition, whether an offspring of another protected wild animal in the personal possession of the applicant, purchase, donation, or other method.

`(7) Person from whom acquired or to be acquired, if the animal is not an offspring of another protected wild animal in the personal possession of the applicant.

`(8) The name and address of the licensed veterinarian who will provide veterinary care.

`(9) Copies of all personal possession permits required by State or local law for the animal.

`(10) Copies of license and surety bond for the animal in an amount determined by the Secretary, based on the species, to compensate for the cost of transportation and care of the animal, in the event the animal is required to come into the custody of Federal, State, or local authorities on a temporary or permanent basis.

`(11) Such evidence as the Secretary may require regarding the applicant's knowledge of the care necessary for the animal.

`(e) RELATION TO STATE LAW- The permit for a protected wild animal is valid in any State in which the possession of that type the wild animal is not prohibited by State law. In any State in which State law is applicable to the personal possession of a protected wild animal, the application for a permit under this section shall contain such proof of compliance with such State law as the Secretary may require.

`SEC. 205. REQUIRED GUARANTEES FOR PERSONAL POSSESSION OF PROTECTED WILD ANIMALS.

(a) ANIMAL CARE AND TREATMENT- As a condition on both the issuance of a permit for the personal possession of a protected wild animal and on the retention of a permit after issuance, the applicant for the permit shall guarantee that, during the entire period of personal possession of the animal, the following requirements will be satisfied:

`(1) The animal will be under competent adult supervision and control so as to prevent injury or death to any animal or human.

`(2) The animal will not be mistreated or neglected.

`(3) Care for the animal by a veterinarian will be provided as needed, and such care will be documented.

`(4) The conditions in which the animal will be kept comply with all applicable Federal, State, and local laws, including regulations prescribed by the Secretary to protect the animal's physical and psychological health and well being by regulating the following factors during confinement:

`(A) Temperature.

`(B) Ventilation.

`(C) Humidity.

`(D) Drainage.

`(E) Sanitation.

`(F) Diet.

`(G) Exercise.

`(H) Enrichments and socialization.

`(5) Any confinement facility for the animal facility meets all applicable Federal and State caging requirements.

`(b) LIABILITY COVERAGE- As a condition on both the issuance of a permit for the personal possession of a protected wild animal and on the retention of a permit after issuance, the applicant for the permit shall guarantee that the applicant has liability insurance coverage for the animal and will maintain such coverage during the entire period of personal possession of the animal.

`(c) NOTIFICATION OF DEATH OF ANIMAL- When a protected wild animal for which a permit is issued dies, the death and disposition of the animal shall be certified in writing by a veterinarian, at the expense of the permittee. The permittee shall submit a copy of the certification to the Secretary within 10 business days after the death.

`(d) EFFECT OF ESCAPE OR RELEASE-

`(1) REQUIRED NOTICES- If a protected wild animal escapes or is released, whether intentionally or unintentionally, the permittee shall immediately notify a law enforcement authority of the escape or release. The permittee shall also notify the Secretary as soon as possible in the manner prescribed by the Secretary.

`(2) RESPONSIBILITY FOR COSTS- The permittee shall be liable for all expenses associated with efforts to recapture the animal and for any veterinary care of the animal upon recapture.

`SEC. 206. SPECIAL REQUIREMENTS REGARDING IMPORT OR EXPORT OF PROTECTED WILD ANIMALS.

`(a) COMPLIANCE WITH APPLICABLE LAW-

`(1) IMPORT REQUIREMENTS- A person shall not import (or attempt to import) a protected wild animal into the United States except in compliance with all applicable State, Federal, and international laws and treaties, including any law prohibiting or regulating the possession of that type of protected wild animal in the State to which the animal is imported (or attempted to be imported).

`(2) EXPORT REQUIREMENTS- A person shall not export (or attempt to export) a protected wild animal out of the United States except in compliance with all of the applicable State, Federal, and international laws and treaties, including any law prohibiting or regulating the possession of that type of protected wild animal in the foreign country to which the animal is exported (or attempted to be exported).

`(b) PRIOR APPROVAL-

`(1) IMPORT- Before a protected wild animal is imported into the United States, the person receiving the animal must have a permit for the personal possession of the animal issued by the Secretary under section 204.

`(2) EXPORT- The destination and proposed new possessor of a protected wild animal to be exported from the United States must be approved and permitted in the foreign country to which the animal is to be exported pursuant to the laws of that country.

`(c) NOTICE TO SECRETARY- A person importing or exporting a protected wild animal shall submit to the Secretary a statement regarding the person's acknowledgment and understanding of the terms and conditions under which the import or export of the animal is permitted. The statement shall include the place and conditions of quarantine, relating to such export, if required.

`SEC. 207. ENFORCEMENT AUTHORITY.

`(a) USE OF EXISTING AUTHORITIES- Sections 16 and 19 of this Act regarding the investigative and enforcement authority of the Secretary regarding dealers, exhibitors, and other persons subject to this Act shall apply with regard to the enforcement of this title, including the issuance of permits under section 204 and the enforcement of the permit requirements under sections 203 and 205.

`(b) USE OF LAW ENFORCEMENT AUTHORITIES- The Secretary may authorize any law enforcement authority to confiscate or capture, by means of tranquilizing or other humane methods, a protected wild animal to ensure the compliance with and enforcement of this title.

`(c) PLACEMENT OF ANIMALS- When probable cause exists that a protected wild animal is improperly permitted or is abandoned, escaped, or otherwise held in violation of this title, the Secretary or a law enforcement authority in possession of the animal may place in the animal in the protective care of a wildlife sanctuary. If the person who would otherwise have personal possession of the animal is not known, the animal shall be remanded to a wildlife sanctuary until ultimate disposition is determined.

`(d) DISPOSITION OPTIONS- Disposition options for a protected wild animal are as follows:

`(1) Return to the permittee of the animal.

`(2) Placement in a wildlife sanctuary either permanently or until reclaimed under legal circumstances.

`(3) Euthanasia, subject to the restrictions in section 208.

`SEC. 208. RESTRICTIONS ON EUTHANASIA OF PROTECTED WILD ANIMALS.

`(a) USE OF EUTHANASIA- A protected wild animal may be euthanized only under the following circumstances, as determined by the Secretary:

`(1) When the animal is moribund or otherwise so debilitated as to have negligible prospects for a quality existence.

`(2) When the animal is in pain or distress with little chance of alleviating its condition.

`(3) When the animal poses a significant health or safety risk to humans or other animals.

`(4) When other extenuating and compelling circumstances exist and no wildlife sanctuary is available or will accept the animal.

`(b) ENDANGERED OR THREATENED SPECIES- The euthanasia of any protected wild animal that is also federally listed as an endangered or threatened species shall require prior coordination with the Fish and Wildlife Service.

`SEC. 209. NOTICE OF PERMIT REQUIREMENTS.

`The Secretary department shall provide notice of the requirements of this title to each licensed dealer and exhibitor. To provide notice to the many other persons in personal possession of a protected wild animal as of the date of the enactment of this title, the Secretary shall use such methods of communication as the Secretary considers appropriate.'.

(b) CONFORMING AMENDMENT- The Animal Welfare Act (7 U.S.C. 2131 et seq.) is amended by inserting after section 2 the following:

`TITLE I--GENERAL PROVISIONS'.

(c) EFFECTIVE DATE- The amendments made by this section shall take effect one year after the date of the enactment of this Act.

END