Traveling Exotic Animal Protection Act - Amends the Animal Welfare Act to prohibit an exhibitor from allowing for the participation of an exotic or wild animal (including a non-human primate) in an animal act if, during the 15-day period preceding such participation, such animal was traveling in a mobile housing facility, unless the use of such animal is: (1) in an exhibition at a non-mobile, permanent institution or facility; (2) a part of an outreach program for educational or conservation purposes by an accredited zoo or aquarium and such animal is not kept in a mobile housing facility for more than 12 hours a day; (3) by a university, college, laboratory, or other research facility registered with the Secretary of Agriculture (USDA); (4) in film, television, or advertising if such use does not involve a live public exhibition; or (5) in a rodeo.
Subjects a traveling circus or exhibitor that fails to comply with this Act to specified penalties.
[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3359 Introduced in House (IH)]
112th CONGRESS
1st Session
H. R. 3359
To amend the Animal Welfare Act to restrict the use of exotic and non-
domesticated animals in traveling circuses and exhibitions.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
November 3, 2011
Mr. Moran (for himself, Mr. Rothman of New Jersey, Mr. Filner, Mr.
Young of Florida, Mr. Rahall, Mr. Stark, Mr. Kucinich, Mr. Nadler, Mr.
Van Hollen, and Mr. Polis) introduced the following bill; which was
referred to the Committee on Agriculture
_______________________________________________________________________
A BILL
To amend the Animal Welfare Act to restrict the use of exotic and non-
domesticated animals in traveling circuses and exhibitions.
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 ``Traveling Exotic Animal Protection
Act''.
SEC. 2. FINDINGS.
Congress finds that--
(1) traveling circuses are detrimental to animal welfare
due to the adverse effects of captivity and transport;
(2) due to severe confinement, lack of free exercise, and
the restriction of natural behaviors, animals used in circuses
suffer and are prone to health, behavioral, and psychological
problems;
(3) the tricks that exotic and non-domesticated animals are
forced to perform require extreme physical coercion techniques,
including the restriction of food, the use of elephant hooks
(objects used to control and punish elephants), electric
shocks, metal bars, whips, and other forms of physical abuse;
(4) the welfare of animals subject to the conditions in
traveling circuses, such as constant travel, limited
facilities, long periods of restriction of movement, stress,
and physical coercion, will inevitably be compromised, which
can lead to increased risks to public safety;
(5) animals in traveling circuses pose an additional risk
to public safety because such animals have wild instincts and
needs and have demonstrated unpredictability;
(6) the use of collapsible, temporary facilities in
traveling circuses increases the risk of escaping exotic and
non-domesticated animals seriously harming workers and the
public;
(7) traveling circuses bring people dangerously close to
exotic and non-domesticated animals by displaying animals in
inappropriate, uncontrolled areas that are not suited for the
exhibition of such animals;
(8) it is not possible to provide exotic and non-
domesticated animals with facilities sufficient to maintain the
optimum physical and mental health of the animals because of
the suffering caused to the animals by the nature of circuses,
in which restriction of movement, separation from natural
groupings, restriction of food and water, and physical abuse
are prevalent;
(9) due to the mobile and transitory nature of traveling
circuses, law enforcement authorities cannot properly monitor
the conditions of the animals or follow up on previous
infractions by traveling circuses; and
(10) restricting the use of exotic and non-domesticated
animals in circuses is the most cost-effective and efficient
way to safeguard both animal welfare and public safety.
SEC. 3. USE OF EXOTIC OR WILD ANIMALS IN TRAVELING CIRCUSES AND
EXHIBITIONS.
Section 13 of the Animal Welfare Act (7 U.S.C. 2143) is amended by
adding at the end the following new subsection:
``(i)(1) No exhibitor may allow for the participation of an exotic
or wild animal (including a non-human primate) in an animal act if,
during the 15-day period preceding such participation, such animal was
traveling in a mobile housing facility.
``(2) The restriction under paragraph (1) shall not apply to the
use of an exotic or wild animal (including a non-human primate)--
``(A) in an exhibition at a non-mobile, permanent
institution or facility, including an accredited zoo or
aquarium;
``(B) as part of an outreach program for educational or
conservation purposes by an accredited zoo or aquarium, if the
animal used for such purposes is not kept in a mobile housing
facility for more than 12 hours a day;
``(C) by a university, college, laboratory, or other
research facility registered with the Secretary pursuant to
section 6;
``(D) in film, television, or advertising if such use does
not involve a live public exhibition; or
``(E) in a rodeo.
``(3) A traveling circus or exhibitor that fails to comply with
this subsection shall be subject to the penalties provided for under
section 19.''.
SEC. 4. EFFECTIVE DATE.
The amendments made by this Act shall take effect on the date that
is one year after the date of the enactment of this Act.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Agriculture.
Referred to the Subcommittee on Livestock, Dairy, and Poultry.
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