Traveling Exotic Animal and Public Safety Protection Act

To amend the Animal Welfare Act to restrict the use of exotic and wild animals in traveling performances. 1. Short title This Act may be cited as the Traveling Exotic Animal and Public Safety Protection Act 2. Findings The Congress finds that— (1) conditions inherent to traveling performances, including constant travel, temporary and collapsible facilities, and the prolonged confinement and physical coercion of animals, subject exotic and wild animals to compromised welfare and chronic stress, and present public and worker health and safety risks not adequately addressed by current regulation; (2) current regulatory oversight of traveling performances is complex and costly, and these costs are not typically recouped via licensing fees, but are left to the American taxpayer; (3) the frequent mobility of traveling performances complicates oversight such that agencies and authorities cannot properly monitor, evaluate, or follow through regarding the condition of animals or facilities, or their history of potential injuries, incidents, illnesses, violations, or other issues, and so cannot properly protect animals, workers, or the public; (4) traveling exotic and wild animal performances use collapsible, temporary, mobile facilities, which risk escape and serious harm to animals, workers, and the public; (5) traveling exotic and wild animal performances present safety risks by permitting or not preventing public contact and by displaying animals in inappropriate, uncontrolled areas in dangerous proximity to humans and other animals; (6) exotic and wild animals have intrinsic value; their wild instincts and needs are unpredictable and are not naturally suited to traveling performances, and they suffer as a result of being unable to fulfill instinctive natural behaviors; (7) exotic and wild animals used in traveling performances suffer severe and extended confinement, and, deprived of natural movements and behaviors, are prone to chronic stress, behavioral, health, and psychological problems; (8) exotic and wild animals are forced to perform unnatural tricks requiring extreme physical coercion, including, but not limited to the use of food and water restrictions, electric shock devices, bull­hooks, metal bars, whips, shovels, and pitchforks, among other abuses; (9) it is not necessary to use exotic or wild animals in traveling performances to experience the circus or similar events; (10) using exotic or wild animals as commodities traded for traveling performances adds nothing to the understanding and conservation of such animals and the natural environment, and actually undermines conservation efforts necessary to protect threatened and endangered species; (11) it is not possible to provide or ensure public and worker safety or appropriate physical and mental welfare for exotic and wild animals under the traveling performance business model, which inherently and significantly restricts animals’ natural movements and behaviors, and where abuse is prevalent and oversight problematic; (12) the use of exotic or wild animals in traveling performances is or substantially affects interstate or foreign commerce, or the free flow thereof; it is essential to regulate such activities to assure animals’ humane care and treatment; and (13) restricting the use of exotic and wild animals in traveling performances is the most cost-effective and efficient way to safeguard animals, workers, and the public. 3. Use of exotic or wild animals in traveling performances prohibited Section 13 of the Animal Welfare Act ( 7 U.S.C. 2143 (i) (1) No person shall cause a performance of, or allow for the participation of, an exotic animal or wild animal in a traveling animal act. (2) Paragraph (1) shall not apply to— (A) domestic animals or farm animals; (B) the use of an exotic or wild animal— (i) in an exhibition at a nonmobile, permanent institution, zoo, or aquarium accredited by the Association of Zoos & Aquariums (AZA), the World Association of Zoos and Aquariums (WAZA), or the Global Federation of Animal Sanctuaries (GFAS); (ii) as part of an environmental education program by a facility accredited by the Association of Zoos & Aquariums, if the animal used for such purposes is not so used for more than 6 months in any year, and is not kept in a mobile or traveling housing facility for more than 12 hours in any day; (iii) by a university, college, laboratory, or other research facility registered with the Secretary pursuant to section 6 for the purpose of conducting research; (iv) in film, television, or advertising, if such use does not involve a live animal exhibition conducted before a public studio audience; or (v) in a rodeo; (C) the use of indigenous wildlife in an exhibition or environmental education program by a wildlife rehabilitator that is— (i) permitted by the relevant jurisdiction; and (ii) accredited or certified by the National Wildlife Rehabilitation Association (NWRA) or the International Wildlife Rehabilitation Council (IWRC) if the animal used for such purposes is not kept in a mobile or traveling housing facility for more than 12 hours in any day; (D) a federally permitted falconer; or (E) a wildlife sanctuary, as defined herein. (3) For the purposes of this subsection, the following definitions apply: (A) Cause a performance The term cause a performance (B) Domestic animal The term domestic animal (C) Environmental education program The term environmental education program (D) Exotic and wild animals The terms exotic animal wild animal exotic and wild animal exotic or wild animal (i) canidae (excepting domestic dogs); (ii) cetartiodactyla (excepting alpacas, bison, cattle, deer, elk, goats, llamas, reindeer, swine, and sheep); (iii) crocodilia; (iv) edentata; (v) elasmobranchii; (vi) felidae (excepting domestic cats); (vii) hyaenidae; (viii) marsupialia; (ix) mustelidae; (x) nonhuman primates; (xi) perissodactyla (excepting horses, donkeys, and mules); (xii) pinnipedia; (xiii) proboscidea; (xiv) procyonidae; (xv) ratites; (xvi) spheniscidae; (xvii) testudinidae; (xviii) ursidae; (xix) varanidae; and (xx) viverridae. (E) Farm animal The term farm animal (F) Mobile or traveling housing facility The term mobile or traveling housing facility (G) Performance The term performance (H) Traveling animal act The term traveling animal act (I) Wildlife sanctuary The term wildlife sanctuary (i) engage in commercial trade in any exotic or wild animal, including the sale of any animal, animal part or derivative, offspring, photographic opportunities, or public events for financial profit or any other entertainment purpose; (ii) breed any exotic or wild animal; (iii) permit unescorted public visitation; (iv) permit direct contact between the public and any exotic or wild animal; or (v) remove any exotic or wild animal from a sanctuary or enclosure for exhibition or performance. (4) A person who fails to comply with this subsection shall be subject to the enforcement and penalties provided for under sections 16, 19, and 29. . 4. Relationship with other law (a) This Act shall not be interpreted to— (1) authorize the interstate transport of a threatened or endangered species, which is prohibited under the Endangered Species Act ( 16 U.S.C. 1538 (2) waive any requirement to comply with any regulation issued under the Animal Welfare Act. (b) The provisions of this Act shall be interpreted to be in addition to, and not in lieu of, any other laws protecting animal welfare. (c) This Act shall not be construed to limit any other Federal, State, or local law or rule that more strictly protects the welfare of animals. 5. Effective date The amendments made by this Act shall take effect on the date that is 1 year after the date of the enactment of this Act.

Summary: Traveling Exotic Animal and Public Safety Protection Act This bill prohibits the use of exotic or wild animals in performances of a traveling animal act, such as a circus, carnival, or parade. The prohibition does not apply to zoos, aquariums, research facilities, wildlife sanctuaries, and other entities. The prohibition also does not apply to domestic animals or farm animals.