I

106TH CONGRESS

2D SESSION H. R. 5057

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.

IN THE HOUSE OF REPRESENTATIVES

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

A BILL

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.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,
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1 SECTION 1. SHORT TITLE.

2 This Act may be cited as the ‘‘Shambala Wild Animal

3 Protection Act of 2000’’.

4 SEC. 2. AMENDMENT OF ANIMAL WELFARE ACT TO REGU5 LATE POSSESSION OF WILD ANIMALS.

6 (a) LICENSING AND OTHER REQUIREMENTS FOR

7 PERSONAL POSSESSION.—The Animal Welfare Act (7

8 U.S.C. 2131 et seq.) is amended by adding at the end

9 the following:

10 ‘‘TITLE II—SHAMBALA WILD

11 ANIMAL PROTECTION

12 ‘‘SEC. 201. DEFINITIONS.

13 ‘‘As used in this title:

14 ‘‘(1) PROTECTED WILD ANIMAL.—

15 ‘‘(A) GENERAL RULE.—The term ‘pro16 tected wild animal’ means a wild, exotic, non17 native species of an animal order and family

18 specified in subparagraph (B) or a wild, native

19 species of an animal order and family specified

20 in such subparagraph, and any hybrid cross of

21 any such species, that is identified by the Sec22 retary of Agriculture under section 202 as

23 being protected by this title.

24 ‘‘(B) SPECIFIED ORDERS AND FAMILIES.—

25 The animal orders and families covered by this

26 title are the following:
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1 ‘‘(i) Carnivora: Felidae (Cats) and all

2 subspecies.

3 ‘‘(ii) Carnivora: Ursidae (Bears) and

4 all subspecies.

5 ‘‘(iii) Carnivora: Canidae (Wolves and

6 Foxes) Canis (Wolf) and all subspecies.

7 ‘‘(iv) Primates: Lemuridae (Lemurs8 Madagascar) and all subspecies.

9 ‘‘(v) Primates: Indridae (Indrisoid Le10 murs-Madagascar) and all subspecies.

11 ‘‘(vi) Primates: Daubentoniidae (Aye12 Aye-Madagascar) and all subspecies.

13 ‘‘(vii) Primates: Lorisidae (Galagos

14 and Loris) and all subspecies.

15 ‘‘(viii) Primates: Cebidae (New World

16 Monkeys) and all subspecies.

17 ‘‘(ix) Primates: Callithrichidae (Mar18 mosets) and all subspecies.

19 ‘‘(x) Primates: Cercopithecidae (Old

20 World Monkeys) and all subspecies.

21 ‘‘(xi) Primates: Pongidae (Apes) and

22 all subspecies.

23 ‘‘(2) CONFINEMENT FACILITY.—The term ‘‘con24 finement facility’’ means a cage, pen, or enclosure

25 where a protected wild animal is kept.
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1 ‘‘(3) LAW ENFORCEMENT AUTHORITY.—The

2 term ‘‘law enforcement authority’’ means a law en3 forcement officer of a State or political subdivision

4 of a State, including an animal control officer or a

5 conservation or law enforcement officer of a State’s

6 wildlife protection agency, or a law enforcement offi7 cer of the Federal Government.

8 ‘‘(4) PERMIT.—The term ‘‘permit’’ means a

9 permit issued by the Secretary under section 204

10 authorizing the personal possession of a protected

11 wild animal by a person and, in certain cir12 cumstances, the transfer or the captive breeding of

13 the animal.

14 ‘‘(5) PERMITTEE.—The term ‘‘permittee’’

15 means a person who has been issued and holds a

16 permit for the personal possession of a protected

17 wild animal.

18 ‘‘(6) PERSONAL POSSESSION.—The terms ‘‘per19 sonal possession’’ and ‘‘personally possess’’ refer to

20 a person’s custody or confinement of a protected

21 wild animal pursuant to a claim of ownership of the

22 animal.

23 ‘‘(7) VETERINARIAN.—The term ‘‘veterinarian’’

24 means a person licensed to practice veterinary medi25 cine.
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1 ‘‘(8) WILDLIFE SANCTUARY.—The term ‘‘wild2 life sanctuary’’ means a nonprofit organization that

3 is exempt from Federal taxation under section

4 501(c)(3) of the Internal Revenue Code of 1986 and

5 that the Secretary determines operates a place of

6 refuge where abused, neglected, unwanted, im7 pounded, abandoned, orphaned, or displaced pro8 tected wild animals receive humane care during their

9 lifetime or pending their release back to their nat10 ural habitats.

11 ‘‘SEC. 202. LIST OF PROTECTED WILD ANIMALS.

12 ‘‘(a) PREPARATION OF LIST.—The Secretary shall

13 prepare a list of all animal species and subspecies to be

14 covered by the definition of protected wild animal. To be

15 identified as a protected wild animal, the Secretary must

16 determine that a species or subspecies—

17 ‘‘(1) is within an animal order and family speci18 fied in section 201(a)(1)(B) or is a hybrid cross of

19 such a species or subspecies;

20 ‘‘(2) is not normally kept in the personal pos21 session of any person; and

22 ‘‘(3) would primarily exist without confinement

23 or restraint in a wild and free environment.
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1 ‘‘(b) PUBLICATION.—The Secretary shall publish the

2 list of identified protected wild animals, and any modifica3 tions to the list, in the Federal Register.

4 ‘‘(c) CHANGES TO LIST.—The Secretary may modify

5 the list of identified protected wild animals at any time

6 to add or remove a species or subspecies from the list with7 out further congressional action. However, the Secretary

8 may not remove a species or subspecies from the list if

9 it continues to meet the requirements of paragraphs (1),

10 (2), and (3) of subsection (a).

11 ‘‘SEC. 203. PERMITS FOR PERSONAL POSSESSION OF PRO12 TECTED WILD ANIMALS.

13 ‘‘(a) PERMIT REQUIRED FOR PERSONAL POSSES14 SION.—

15 ‘‘(1) IN GENERAL.—A person may not person16 ally possess a protected wild animal in any State

17 without a permit issued by the Secretary.

18 ‘‘(2) SPECIAL RULE FOR OFFSPRING.—If a pro19 tected wild animal is the offspring of a protected

20 wild animal for which a person has a permit, the

21 person may retain personal possession of the off22 spring without a permit pending the Secretary’s con23 sideration of the person’s application for a permit,

24 but only if the person applies for such a permit

25 within 30 days after the birth of the offspring.
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1 ‘‘(b) PERMIT REQUIRED FOR TRANSFER.—A person

2 may not transfer the personal possession of a protected

3 wild animal to another person in the same State or any

4 other State unless the person obtaining personal posses5 sion of the protected wild animal has a permit issued by

6 the Secretary.

7 ‘‘(c) PERMIT REQUIRED FOR BREEDING.—A person

8 may not personally possess a protected wild animal, or ob9 tain personal possession of a protected wild animal, for

10 purposes of breeding the animal unless the permit other11 wise required under subsection (a) or (b) specifically au12 thorizes use of the animal for that purpose.

13 ‘‘(d) NONTRANSFERABLE.—A permit issued to one

14 person is not transferable to any other person.

15 ‘‘(e) EXCEPTIONS TO PERMIT REQUIREMENTS.—The

16 following persons or entities are not required to obtain a

17 permit from the Secretary for the personal possession of

18 a protected wild animal in any State:

19 ‘‘(1) Any agency or official of the Federal Gov20 ernment or of a State or local government acting in

21 their official capacity.

22 ‘‘(2) Any research facility.

23 ‘‘(3) Any zoo, animal park, or wildlife sanctuary

24 that is licensed by a State or local government agen25 cy and is subject to requirements and conditions
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1 under such license at least equivalent to the require2 ments and conditions of this Act.

3 ‘‘(f) TRANSITIONAL PROVISION.—Each person in

4 personal possession of a protected wild animal on the ef5 fective date of this title may retain personal possession

6 of the animal without a permit pending the Secretary’s

7 consideration of the person’s application for a permit, but

8 only if the person applies for such a permit within one

9 year after that date.

10 ‘‘SEC. 204. PERMIT PROCESS.

11 ‘‘(a) AUTHORITY TO ISSUE.—The Secretary, acting

12 through the Animal and Plant Health Inspection Service,

13 may issue a permit for the personal possession of a pro14 tected wild animal. At the discretion of the Secretary, the

15 permit may also permit using the protected wild animal

16 covered by the permit for breeding purposes.

17 ‘‘(b) APPLICATION.—To request a permit under this

18 section, a person shall submit to the Secretary an applica19 tion in such form as the Secretary may require. The appli20 cation shall contain the information and guarantees re21 quired by this section and section 205 as well as such ad22 ditional information as the Secretary may require.

23 ‘‘(c) APPLICATION FEE.—The Secretary may charge,

24 assess, and cause to be collected reasonable fees to cover

25 the costs incurred by the Department of Agriculture to
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1 process applications and issue permits under this section.

2 Amounts collected under this subsection shall be treated

3 in the manner provided in section 23 for other fees im4 posed under this Act.

5 ‘‘(d) CONTENT OF APPLICATION.—An application for

6 a permit shall contain all of the following information with

7 regard to the protected wild animal for which the permit

8 is sought:

9 ‘‘(1) Species.

10 ‘‘(2) Gender.

11 ‘‘(3) Reproductive status, including proof of

12 sterilization if the animal is declared to be sterilized.

13 ‘‘(4) Age.

14 ‘‘(5) Date acquired or to be acquired.

15 ‘‘(6) Method of acquisition, whether an off16 spring of another protected wild animal in the per17 sonal possession of the applicant, purchase, dona18 tion, or other method.

19 ‘‘(7) Person from whom acquired or to be ac20 quired, if the animal is not an offspring of another

21 protected wild animal in the personal possession of

22 the applicant.

23 ‘‘(8) The name and address of the licensed vet24 erinarian who will provide veterinary care.
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1 ‘‘(9) Copies of all personal possession permits

2 required by State or local law for the animal.

3 ‘‘(10) Copies of license and surety bond for the

4 animal in an amount determined by the Secretary,

5 based on the species, to compensate for the cost of

6 transportation and care of the animal, in the event

7 the animal is required to come into the custody of

8 Federal, State, or local authorities on a temporary

9 or permanent basis.

10 ‘‘(11) Such evidence as the Secretary may re11 quire regarding the applicant’s knowledge of the

12 care necessary for the animal.

13 ‘‘(e) RELATION TO STATE LAW.—The permit for a

14 protected wild animal is valid in any State in which the

15 possession of that type the wild animal is not prohibited

16 by State law. In any State in which State law is applicable

17 to the personal possession of a protected wild animal, the

18 application for a permit under this section shall contain

19 such proof of compliance with such State law as the Sec20 retary may require.

21 ‘‘SEC. 205. REQUIRED GUARANTEES FOR PERSONAL POS22 SESSION OF PROTECTED WILD ANIMALS.

23 (a) ANIMAL CARE AND TREATMENT.—As a condition

24 on both the issuance of a permit for the personal posses25 sion of a protected wild animal and on the retention of
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1 a permit after issuance, the applicant for the permit shall

2 guarantee that, during the entire period of personal pos3 session of the animal, the following requirements will be

4 satisfied:

5 ‘‘(1) The animal will be under competent adult

6 supervision and control so as to prevent injury or

7 death to any animal or human.

8 ‘‘(2) The animal will not be mistreated or ne9 glected.

10 ‘‘(3) Care for the animal by a veterinarian will

11 be provided as needed, and such care will be docu12 mented.

13 ‘‘(4) The conditions in which the animal will be

14 kept comply with all applicable Federal, State, and

15 local laws, including regulations prescribed by the

16 Secretary to protect the animal’s physical and psy17 chological health and well being by regulating the

18 following factors during confinement:

19 ‘‘(A) Temperature.

20 ‘‘(B) Ventilation.

21 ‘‘(C) Humidity.

22 ‘‘(D) Drainage.

23 ‘‘(E) Sanitation.

24 ‘‘(F) Diet.

25 ‘‘(G) Exercise.
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1 ‘‘(H) Enrichments and socialization.

2 ‘‘(5) Any confinement facility for the animal fa3 cility meets all applicable Federal and State caging

4 requirements.

5 ‘‘(b) LIABILITY COVERAGE.—As a condition on both

6 the issuance of a permit for the personal possession of a

7 protected wild animal and on the retention of a permit

8 after issuance, the applicant for the permit shall guarantee

9 that the applicant has liability insurance coverage for the

10 animal and will maintain such coverage during the entire

11 period of personal possession of the animal.

12 ‘‘(c) NOTIFICATION OF DEATH OF ANIMAL.—When

13 a protected wild animal for which a permit is issued dies,

14 the death and disposition of the animal shall be certified

15 in writing by a veterinarian, at the expense of the per16 mittee. The permittee shall submit a copy of the certifi17 cation to the Secretary within 10 business days after the

18 death.

19 ‘‘(d) EFFECT OF ESCAPE OR RELEASE.—

20 ‘‘(1) REQUIRED NOTICES.—If a protected wild

21 animal escapes or is released, whether intentionally

22 or unintentionally, the permittee shall immediately

23 notify a law enforcement authority of the escape or

24 release. The permittee shall also notify the Secretary
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1 as soon as possible in the manner prescribed by the

2 Secretary.

3 ‘‘(2) RESPONSIBILITY FOR COSTS.—The per4 mittee shall be liable for all expenses associated with

5 efforts to recapture the animal and for any veteri6 nary care of the animal upon recapture.

7 ‘‘SEC. 206. SPECIAL REQUIREMENTS REGARDING IMPORT

8 OR EXPORT OF PROTECTED WILD ANIMALS.

9 ‘‘(a) COMPLIANCE WITH APPLICABLE LAW.—

10 ‘‘(1) IMPORT REQUIREMENTS.—A person shall

11 not import (or attempt to import) a protected wild

12 animal into the United States except in compliance

13 with all applicable State, Federal, and international

14 laws and treaties, including any law prohibiting or

15 regulating the possession of that type of protected

16 wild animal in the State to which the animal is im17 ported (or attempted to be imported).

18 ‘‘(2) EXPORT REQUIREMENTS.—A person shall

19 not export (or attempt to export) a protected wild

20 animal out of the United States except in compli21 ance with all of the applicable State, Federal, and

22 international laws and treaties, including any law

23 prohibiting or regulating the possession of that type

24 of protected wild animal in the foreign country to
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1 which the animal is exported (or attempted to be ex2 ported).

3 ‘‘(b) PRIOR APPROVAL.—

4 ‘‘(1) IMPORT.—Before a protected wild animal

5 is imported into the United States, the person re6 ceiving the animal must have a permit for the per7 sonal possession of the animal issued by the Sec8 retary under section 204.

9 ‘‘(2) EXPORT.—The destination and proposed

10 new possessor of a protected wild animal to be ex11 ported from the United States must be approved

12 and permitted in the foreign country to which the

13 animal is to be exported pursuant to the laws of that

14 country.

15 ‘‘(c) NOTICE TO SECRETARY.—A person importing or

16 exporting a protected wild animal shall submit to the Sec17 retary a statement regarding the person’s acknowledgment

18 and understanding of the terms and conditions under

19 which the import or export of the animal is permitted. The

20 statement shall include the place and conditions of quar21 antine, relating to such export, if required.

22 ‘‘SEC. 207. ENFORCEMENT AUTHORITY.

23 ‘‘(a) USE OF EXISTING AUTHORITIES.—Sections 16

24 and 19 of this Act regarding the investigative and enforce25 ment authority of the Secretary regarding dealers, exhibi-
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1 tors, and other persons subject to this Act shall apply with

2 regard to the enforcement of this title, including the

3 issuance of permits under section 204 and the enforce4 ment of the permit requirements under sections 203 and

5 205.

6 ‘‘(b) USE OF LAW ENFORCEMENT AUTHORITIES.—

7 The Secretary may authorize any law enforcement author8 ity to confiscate or capture, by means of tranquilizing or

9 other humane methods, a protected wild animal to ensure

10 the compliance with and enforcement of this title.

11 ‘‘(c) PLACEMENT OF ANIMALS.—When probable

12 cause exists that a protected wild animal is improperly

13 permitted or is abandoned, escaped, or otherwise held in

14 violation of this title, the Secretary or a law enforcement

15 authority in possession of the animal may place in the ani16 mal in the protective care of a wildlife sanctuary. If the

17 person who would otherwise have personal possession of

18 the animal is not known, the animal shall be remanded

19 to a wildlife sanctuary until ultimate disposition is deter20 mined.

21 ‘‘(d) DISPOSITION OPTIONS.—Disposition options for

22 a protected wild animal are as follows:

23 ‘‘(1) Return to the permittee of the animal.
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1 ‘‘(2) Placement in a wildlife sanctuary either

2 permanently or until reclaimed under legal cir3 cumstances.

4 ‘‘(3) Euthanasia, subject to the restrictions in

5 section 208.

6 ‘‘SEC. 208. RESTRICTIONS ON EUTHANASIA OF PROTECTED

7 WILD ANIMALS.

8 ‘‘(a) USE OF EUTHANASIA.—A protected wild animal

9 may be euthanized only under the following circumstances,

10 as determined by the Secretary:

11 ‘‘(1) When the animal is moribund or otherwise

12 so debilitated as to have negligible prospects for a

13 quality existence.

14 ‘‘(2) When the animal is in pain or distress

15 with little chance of alleviating its condition.

16 ‘‘(3) When the animal poses a significant health

17 or safety risk to humans or other animals.

18 ‘‘(4) When other extenuating and compelling

19 circumstances exist and no wildlife sanctuary is

20 available or will accept the animal.

21 ‘‘(b) ENDANGERED OR THREATENED SPECIES.—The

22 euthanasia of any protected wild animal that is also feder23 ally listed as an endangered or threatened species shall

24 require prior coordination with the Fish and Wildlife Serv25 ice.
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1 ‘‘SEC. 209. NOTICE OF PERMIT REQUIREMENTS.

2 ‘‘The Secretary department shall provide notice of the

3 requirements of this title to each licensed dealer and ex4 hibitor. To provide notice to the many other persons in

5 personal possession of a protected wild animal as of the

6 date of the enactment of this title, the Secretary shall use

7 such methods of communication as the Secretary considers

8 appropriate.’’.

9 (b) CONFORMING AMENDMENT.—The Animal Wel10 fare Act (7 U.S.C. 2131 et seq.) is amended by inserting

11 after section 2 the following:

12 ‘‘TITLE I—GENERAL

13 PROVISIONS’’.

14 (c) EFFECTIVE DATE.—The amendments made by

15 this section shall take effect one year after the date of

16 the enactment of this Act.

Æ