Sec. 3. Use of exotic or wild animals in traveling performances prohibited
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Section 13 of the Animal Welfare Act ( 7 U.S.C. 2143 ) is amended by adding at the end the following: No person shall cause a performance of, or allow for the participation of, an exotic animal or wild animal in a traveling animal act. Paragraph
(1)shall not apply to— domestic animals or farm animals; the use of an exotic or wild animal— 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); 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; by a university, college, laboratory, or other research facility registered with the Secretary pursuant to section 6 for the purpose of conducting research; in film, television, or advertising, if such use does not involve a live animal exhibition conducted before a public studio audience; or in a rodeo; the use of indigenous wildlife in an exhibition or environmental education program by a wildlife rehabilitator that is— permitted by the relevant jurisdiction; and 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; a federally permitted falconer; or a wildlife sanctuary, as defined herein. For the purposes of this subsection, the following definitions apply: The term cause a performance means to be responsible for a performance, to financially benefit as an owner or operator from a performance, or to sponsor a performance. The term domestic animal means any animal that is normally maintained as a companion or pet animal in or near the household of the owner or person who cares for the animal, such as a domestic dog (including a service dog), domestic cat, ferret, gerbil, horse, mouse, rat, guinea pig, rabbit, or hamster, but does not include any exotic animal or wild animal. The term environmental education program means a program, which may include animal exhibition, that is professionally designed to impart knowledge or information for educational or conservation purposes about that animal’s natural behavior, habitat, life cycle, or similar pedagogical information, conducted by an individual qualified to impart such information, which does not include any performance of behavior that does not naturally occur for that animal in the wild state. The terms exotic animal , wild animal , exotic and wild animal , and exotic or wild animal mean any animal that is not a domestic animal or farm animal, which is now or has historically been found in the wild or in the wild state, whether wild-borne or captive-bred, and any hybrid of such an animal, including hybrid crosses with a domestic animal or farm animal, including but not limited to animals such as— canidae (excepting domestic dogs); cetartiodactyla (excepting alpacas, bison, cattle, deer, elk, goats, llamas, reindeer, swine, and sheep); crocodilia; edentata; elasmobranchii; felidae (excepting domestic cats); hyaenidae; marsupialia; mustelidae; nonhuman primates; perissodactyla (excepting horses, donkeys, and mules); pinnipedia; proboscidea; procyonidae; ratites; spheniscidae; testudinidae; ursidae; varanidae; and viverridae. The term farm animal means alpacas, cattle, sheep, swine, goats, llamas, poultry, rabbits, horses, mules, or donkeys. The term does not include exotic animals or wild animals. The term mobile or traveling housing facility means a transporting vehicle such as a truck, car, trailer, airplane, ship, or railway car, used to transport or house animals while traveling to, from, or between locations for performance purposes. The term performance means any animal act, circus, ride, carnival, display, exhibition, fair, parade, petting zoo, race, performance, or similar undertaking in which animals are required to perform tricks, give rides, or participate as accompaniments for the entertainment, amusement, or benefit of an audience. The term traveling animal act means any performance of animals where such animals are transported to, from, or between locations for the purpose of such performance, in a mobile or traveling housing facility. The term wildlife sanctuary means an organization described in sections 170(b)(1)(A)(vi) and 501(c)(3) of the Internal Revenue Code 1986, which is a place of refuge that provides care for abused, neglected, unwanted, impounded, abandoned, orphaned, or displaced wildlife for their lifetime, and which does not— 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; breed any exotic or wild animal; permit unescorted public visitation; permit direct contact between the public and any exotic or wild animal; or remove any exotic or wild animal from a sanctuary or enclosure for exhibition or performance. 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. .
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Sec. 3
Use of exotic or wild animals in traveling performances prohibited
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