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Old 08-03-2004, 02:30 PM   #1
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Angry The Banning of All Exotic Hunts in States

Shamelessly stolen from another site.

Folks,

In what appears to be an end-of-year political move, Senator Lautenberg has again introduced the canned hunting bill. The bill is vague, and could probably be administered to prohibit all hunting of exotic animals behind a fence.



Rick



Captive Exotic Animal Protection Act of 2004 (Introduced in Senate)

S 2731 IS

108th CONGRESS

2d Session

S. 2731

To amend title 18, United States Code, to prohibit certain interstate conduct relating to exotic animals.

IN THE SENATE OF THE UNITED STATES

July 22, 2004
Mr. LAUTENBERG (for himself, Mr. BIDEN, Mr. KENNEDY, Mr. LEVIN, Mr. CORZINE, Mrs. FEINSTEIN, Mr. FEINGOLD, Mr. KOHL, Mr. DURBIN, and Mr. SCHUMER) introduced the following bill; which was read twice and referred to the Committee on the Judiciary


--------------------------------------------------------------------------------

A BILL

To amend title 18, United States Code, to prohibit certain interstate conduct relating to exotic animals.

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 `Captive Exotic Animal Protection Act of 2004'.

SEC. 2. FINDINGS.
Congress finds the following:

(1) The ethic of hunting involves the consideration of fair chase, which allows the animal the opportunity to avoid the hunter.

(2) At more than 1,000 commercial canned hunt operations across the country, trophy hunters pay a fee to shoot captive exotic animals, from African lions to giraffes and blackbuck antelope, in fenced-in enclosures.

(3) Clustered in a captive setting at unusually high densities, confined exotic animals attract disease more readily than more widely dispersed native species who roam freely.

(4) The transportation of captive exotic animals to commercial canned hunt operations can facilitate the spread of disease across great distances.

(5) The regulation of the transport and treatment of exotic animals on shooting preserves falls outside the traditional domains of State agriculture departments and State fish and game agencies.

(6) This Act is limited in its purpose and will not limit the licensed hunting of any native mammals or any native or exotic birds.

(7) This Act does not aim to criticize those hunters who pursue animals that are not enclosed within a fence.

(8) This Act does not attempt to prohibit slaughterhouse activities, nor does it aim to prohibit the routine euthanasia of domesticated farm animals.

SEC. 3. TRANSPORT OR POSSESSION OF EXOTIC ANIMALS FOR PURPOSES OF KILLING OR INJURING THEM.
(a) IN GENERAL- Chapter 3 of title 18, United States Code, is amended by adding at the end the following:

`Sec. 49. Exotic animals
`(a) PROHIBITION- Whoever, in or substantially affecting interstate or foreign commerce, knowingly transfers, transports, or possesses a confined exotic animal, for the purposes of allowing the killing or injuring of that animal for entertainment or for the collection of a trophy, shall be fined under this title, imprisoned not more than 1 year, or both.

`(b) DEFINITIONS- In this section--

`(1) the term `confined exotic animal' means a mammal of a species not historically indigenous to the United States, that has been held in captivity, whether or not the defendant knows the length of the captivity, for the shorter of--

`(A) the majority of the animal's life; or

`(B) a period of 1 year; and

`(2) the term `captivity' does not include any period during which an animal lives as it would in the wild--

`(A) surviving primarily by foraging for naturally occurring food;

`(B) roaming at will over an open area of not less than 1,000 acres; and

`(C) having the opportunity to avoid hunters.

`(c) ENFORCEMENT-

`(1) IN GENERAL- Any person authorized by the Secretary of the Interior, acting through the Director of the United States Fish and Wildlife Service, may--

`(A) without a warrant, arrest any person that violates this section (including regulations promulgated under this section) in the presence or view of the arresting person;

`(B) execute any warrant or other process issued by an officer or court of competent jurisdiction to enforce this section; and

`(C) with a search warrant, search for and seize any animal taken or possessed in violation of this section.

`(2) FORFEITURE- Any animal seized with or without a search warrant shall be held by the Secretary or by a United States marshal, and upon conviction, shall be forfeited to the United States and disposed of by the Secretary of the Interior in accordance with law.

`(3) ASSISTANCE- The Director of the United States Fish and Wildlife Service may use by agreement, with or without reimbursement, the personnel and services of any other Federal or State agency for the purpose of enforcing this section.'.

(b) TECHNICAL AMENDMENT- The analysis for chapter 3 of title 18, United States Code, is amended by adding at the end the following:

`Sec. 49. Exotic animals'.
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Old 08-03-2004, 02:52 PM   #2
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Well I don't like anything these anti's put up because the next ban will be banning all hunting. But I do agree with the premise you can't call it hunting when the animals are fenced in -- in my terms thats just plain killing/shooting. It may be your preference but I do prefer fair chase its called hunting -- you won't catch me on a meat farm.

By the way a PRK Elk hunt is very similiar to the fenced in hunt -- the state requires you draw for a chance, then you have to prove your shooting ability in front of a F&G warden and once you pass this they take you out and point out the elk they want you to harvest. Kind of sounds like the meat farms.
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Old 08-03-2004, 04:30 PM   #3
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Remeber this though. The ranches of 10,000 of acres in size in Texas are fenced. I don't think you or I would call this a "canned" hunt. But under these screwballs rules it would be and would be banned.

That would mean Russian boars, they are not native. Goats and sheep, they are not native. And anything else that was brought in as a game animal for sporting purposes. And you are right the next step is no hunting at all.
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Old 08-03-2004, 04:50 PM   #4
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I forget about the 10 K acre facilities -- I guess I just am too used to hunting BLM and the national forests like I do on the west coast -- my property has no fences and the deer are everywhere so who knows

The Russian Boars aren't native but the Ferral Hog is native
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Old 08-03-2004, 11:34 PM   #5
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This is absolutely not a federal issue, it is purely one for the state and local game commissions, whose jurisdiction these liberal senators blow off.

What's next, requiring the animal to make eye contact first? Vocally warning the animal that you have a gun and are going to shoot? A ten second head start? Reparations for the animal's descendants, to be paid not to them directly, but to PETA, the same way Jesse Jackson claims reparations should go to his PUSHy coalition?
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