The Shambala Bill
Below is an ocr version of the draft Shambala bill being circulated by "Robin". The ocr translation is imperfect, but allows easy understanding of the contents of the proposed bill. If you have any feelings about this proposed legislation, please post to the message board.
May 1, 1999 Subject: Shambala Exotic Animal Protection Act A bill, amending the Animal Welfare Act of August 24,1996 (Pub. L. 89-544 (commonly known as the Laboratory Animal Welfare Act), as amended by the Act of December 24, 1970 (Pub. L. 91579, (the Animal Welfare Act of 1970), the Act of April 22, 1976 (Pub. L. 94-279), (the Animal Welfare Act of 1976) and the Act of December 23, 1985 (Pub. L. 99-198), the Food Security Act of 1985), and as it may subsequently amended, to provide regulations and prohibitions concerning certain dangerous wild exotic and/or dangerous wild domestic animals. TEXT THE PEOPLE OF THE UNITED STATES OF AMERICA ENACT: See 1. This act shall be known and may be cited as the "Shambala Exotic Animal Protection Act of 1999". Sec. 2 Definitions as used in this act: (a). "Dangerous wild exotic and/or dangerous wild domestic animal" means all of the animals listed below and any and all hybrid crosses of any of these listed animals. This listing can be amended by the United States Department of Agriculture, Animal and Plant Health Inspection Service, Animal Care as required from time to time without additional legislative action: Lions (Panthera leo) Tigers (Panthera ligris) Leopards (Panthera pardus) Clouded leopards (Neofelis nebulosa) Snow leopards (Panthera uncia) Jaguars (Panthera onca) Cougars, panthers (Puma concolor) Servals (Leptailurus serval) Bobcats (LytLx ru@y) Page 2 Cheetahs (Acinonyxjabatus) Caracals (Caracal caracal) European and Canadian lynx (Lynx lynx) Affican golden cats (Profelis aurata) Tcmminck"s golden cats (Profelis temmincki) Fishing cats (Prionailurus viverrina) Occelots (Leoparduspardalis) Chimpanzees (genus Pan) Gorillas (genus Ciorilla) Gibbons (genus Hylobates) Drills and mandrills (genus Afandrillus) Orangutans (genus Pongo) Baboons (genus Papato) Siamangs (genus Symphalangus) Gelada baboons (genus Theropithecus) Bears (family Ursidae) Rhinoceros (family Rinocerotidae) Elephants (family Elephantidae) Hippopotamuses (family Hippopotamidae) Catnels (Family Carnelidae) Cape buffalos (,@yncerus caffer caffer) Page 3 Crocodiles (except dwarf and Congo) (family Crocodilidae) Giraffes (family Giraffidae) Gavials (family Gavialidae) Black caimans (MLIanosuchus niger) Komodo dragons (Varanus komodoensis) 14owler monkeys (genus Alouatta) Uakaris (genus (acajao) Mangabeys (genus Cercocebus) Guenons (genus Ceropithecus) Bearded sakis (genus (hirolx)iev) Guereza monkeys (genus (Colobus) Celebes black apes (genus Colobw) ldris (genus Indri) Macaques(genus Macaca) Langurs (genus Prevbytis) Douc langurs (genus Pygathrix) Snub-nosed langurs (genus Phinopithecus) Proboscis monkeys (genus Nasalis) Coyotes (Canis latrans) Wolves (Canis lupus) Asiatic jackals ((,anis aureus) Page 4 Black-backed jackals (Canis mesomelas) Side-striped jackals (('aniv adustus) Indian dholes (('uon alpinav) African hunting dogs (Lycaonpictus) Wolverines (Gulo gulo) Honey badgers (Mellivora capensis) American badgers (Taxidev taxus) Old World badgers (Meles meles) Binturongs (Arctictis binturong) Hyenas (all species) (family Hyaenidae) Dwarf Crocodiles (0-vteolaemus tetraspis) Alligators, caimans (except American alligator) (family Alligatoridae) Ostrich (Struihio camelus) Cassowary (Casuarius spp.) (b). "Individual Personal Possession" means the individual personal possession of any of the dangerous wild exotic and/or dangerous wild domestic animals listed above. Any individual who, has custody of, claims ownership of or harbors, any of the dangerous wild exotic and/or dangerous wild domestic animals listed above is considered to have established individual personal possession for the purpose of this act. (c). " Department" means the United States Department of Agriculture, Animal and Plant Health Inspection Service, Animal Care. (d). "Director" means the director of the department. (e). "Facility" means a cage, pen or enclosure where a dangerous wild/exotic and/or dangerous wild/domestic animal is kept. Page 5 (f). "Wildlife sanctuary" means a nonprofit organization exempt form federal taxation under Section 501 (c) (3), Internal Revenue Code of 1986, and its subsequent amendments, that operates a place of refuge where abused, neglected, unwanted, impounded, abandoned, orphaned, or displaced dangerous wild exotic and/or dangerous wild domestic animals are provided humane care for their lifetime or released back to their natural habitats. (g). "Law enforcement authority"means a law enforcement officer of a state, including an amimal control officer, a conservation or law enforcement officer of a state's wildlife protection agency, a state law enforcement officer or a law enforcement officer of the federal government- (h) "State" means any state of the United States of America. (i) "Permit" means a permit issued by a state and/or federal penniffing agency as required by this act. 0) "Permitting agency" means the agency of the state or federal government that issues permits under this act. (k) "Person" means an individual, partnership, corporation, association, governmental entity, or other legal entity. (1) "Veterinarian" means a person licensed to practice veterinary medicine. See 3. A person shall not do any of the following: (a) Possess a dangerous wfld/exotic and/or dangerous wild/domestic animal except in compliance with this act. (b) Make or receive, or attempt to make or receive, a conveyance of ownership of a dangerous wild exotic and/or dangerous wild domestic animal unless the person is exporting the dangerous wild exotic and/or dangerous wild domestic animal to another state or country in compliance with all applicable laws of such state or country. (c) Breed a dangerous wild exotic and /or dangerous wild domestic animal. ...... . ..... Page 6 See 4. A state or federal agency may, at its discretion, issue a permit for the possession of a dangerous wild exotic and/or dangerous wild domestic animal only under the following conditions: (a) A person may apply for a permit to personally possess a dangerous wild exotic and or dangerous wild domestic animal only if the person was in possession of that individual, dangerous wild exotic and/or dangerous wild domestic animal on the effective date of this act. (b) Each application will require all of the following information listed below as well as any additional information deemed appropriate by the permitting agency: (1). Species (2) Gender (3) Reproductive Status:. (Any animal that is intact will be required to be sterilized prior to the approval and issuance of any permit. Proof of such sterilization must be fumished to the permitting agency). (4) Age (5) Date Acquired (6) How Acquired: Bom at Facility/Purchased/Donated/Other (7) From Vvhom Acquired: ( If not bom at facility) (8) A statement of the terms and conditions under which the export of the dangerous wild exotic and/or dangerous wild domestic animal is permitted subject to other requirements of state and federal law. (9) The place and conditions of quarantine, relating to such export, if required. (10) The name and address of the veterinarian who will provide veterinary care to the dangerous wild exotic and/or dangerous wild domestic animal. (I 1) Proof that the permittee has liability insurance coverage for the animal. Page 7 (12) Any other reasonable information as determined by a State, which may include, but need not be limited to, a designation of permits required by other agencies of the state, the United States Department of Agriculture or the United States Fish and Wildlife Service. I (c) A separate permit wfll be issued for each individual dangerous wild exotic and/or dangerous wild domestic animal and will include all of the information required by paragraph (b) above. (d) The permit is not transferable to another person. (e) The permit is valid in any state in which the possession of the dangerous wild exotic and or dangerous wild domestic animal is not prohibited by law. (f) A person shall file an application for a permit within 90 days after the effective date of this act with the state where the dangerous wild exotic and/or dangerous wild domestic animal is kept. (g) If application is approved by the state, the permittee and the state approving authority wfll, within 30 days of such approval, notify the United States Department of Agriculture, Animal and Plant 14calth Inspection Service, Animal Care of such approval and request advise as to any further federal permitting requirements. This notification will include all information that is required by the state application for permit. See 5. A person in possession of a dangerous wild exotic and/or dangerous wild domestic animal shall ensure all of the following: (a). That the dangerous wild exotic and /or dangerous wild domestic animal is under adult supervision and control so as to prevent injury or death to any animal or human. (b). That the dangerous wfld exotic and/or dangerous wild domestic animal is not mistreated or neglected. (c) That the conditions in which the dangerous wild exotic and/or dangerous wild domestic animal is kept comply with federal, state and local laws and ordinances, including, but not limited to, the following, are safe and conducive to the dangerous wild/exotic and/or dangerous wild domestic animal's physical and psychological health and well being: Page 8 (i) Temperature (ii) Ventilation (iii) Humidity (iv) Drainage (v) Sanitation (vi) Diet (vii) Exercise (d) That at the expense of the possessor, care for a dangerous wild exotic and /or dangerous wild domestic animal is provided by a veterinarian as needed and that such care is documented. (e) That when a dangerous wild exotic and/or dangerous wild domestic animal dies, the death and disposition is certified in writing by a veterinarian, at the expense of the possessor, and that the certification is submitted to the state permitting agency and to all appropriate federal permitting agencies within 10 business days after the death. Sec. 6. A person in possession of a dangerous wild exotic and/or dangerous wild domestic animal shall ensure that the dangerous exotic animal's facility meets all appropriate state and/or federal caging requirements and/or the following department requirements: (a). if the dangerous wild exotic an/or dangerous wild domestic animal is a cat or bear, 9 CFR 3-125 to 3.128. (b). If the dangerous wild exotic and/or dangerous wild domestic is a non-human primate, 9 CFR 3.75, 3.76,3.78, 3.80 and 3.8 1. See 7. A person shall not import / export or attempt to import / export a dangerous wild exotic and/or a dangerous wild domestic animal to another state or country unless all of the following requirements are met: Page 9 (a). The import / export and possession of the dangerous wild exotic and/or dangerous wild domestic animal is lawful in the other state or country. (b). The destination and proposed new possessor of the dangerous wild exotic and /or dangerous wild domestic animal has been approved and permitted in the other state or country having authority to do so- See 8. The department shall provide each individual personal possessor, exhibitor, dealer and pet shop owner licensed by the department with the requirements of this act. See 9. A person who violates this act shall be punished as provided by the laws of the state in which the violation occurs and by federal statutes as appropriate. See 10. A law enforcement authority may confiscate, or capture by means of tranquilizing or other humane methods, a dangerous wild exotic and/or dangerous wild domestic animal to ensure the compliance with and enforcement of this act. See I 1. If a dangerous wild exotic and/or dangerous wild domestic animal escapes or is released, intentionally or unintentionally, the person who was in possession of the dangerous wild exotic and/or dangerous wild domestic animal shall immediately contact a law enforcement officer of the state where the escape or release occurred to report the loss, escape, or release. The owner and the person in possession of the dangerous wild exotic and/or dangerous wild domestic animal arejointly and severably liable for all expenses associated with efforts to recapture and any subsequent veterinary care of the dangerous wild exotic and/or dangerous wild domestic animal that is released or escapes. See 12. (a). When dangerous wild exotic and/or dangerous wild domestic animal is found abandoned, escaped or otherwise in the wild they will, upon capture or recapture by law enforcement officials, be returned to the owner if known. Should probable cause of a violation exist, and the dangerous wild exotic and/or dangerous wild domestic animal constitutes evidence in that context, the dangerous wild exotic and/or dangerous wild domestic animal may be placed in the protective care of another approved facility. If the owner is not known at time of capture the dangerous wild exotic and/or dangerous wild domestic animal may he remanded to an approved facility until ultimate disposition is determined. Page 10 (b). Disposition options are as follows: (i). Return to owner. (ii) Place in another approved captive facility either permanently or until reclaimed under legal circumstances. (iii) Euthanasia. Dangerous wild exotic and/or dangerous wild domestic animals may be euthanized under the following circumstances: (aa) when the animal is moribund or otherwise so debilitated as to have negligible prospects for a quality existence. (bb) when the animal is in pain or distress with little chance of alleviating its condition. (cc) when the animal poses a significant health or safety risk to humans or other animals. (dd) when other extenuating and compelling circumstances exist and no facilities are available or will accept the animal. (iv) Euthanasia of any dangerous vaid exotic and/or dangerous vald domestic animal that is federally listed as and endangered or threatened species shall require prior coordinated with the United States Department of Interior Fish and Wildlife Service- Sec. 13. Exceptions: This act is not applicable to the following: a. Any agency or official of the Federal or of a state government acting in its official capacity. b. Any research facility within the meaning of and as defined by the "Animal Welfare Act". c. Any accredited member of the American Zoo and Aquarium Association d. Any wildlife sanctuary accredited by the American Sanctuary and Shelter Association, Inc. (ASA) and/or The Association of Sanctuaries, Inc. (TAOS).