Sec. 3. Use of exotic or wild animals in traveling performances prohibited
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/bill/116/s/2121/is/section-3A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Section 13 of the Animal Welfare Act ( 7 U.S.C. 2143 ) is amended— by redesignating subsections
(g)and
(h)as subsections
(h)and (i), respectively; by redesignating the second subsection
(f)(relating to delivery of animals by a dealer, research facility, exhibitor, or government) as subsection (g); and by adding at the end the following: In this subsection: The term cause a performance means— to be responsible for a performance; to financially benefit as an owner or operator from a performance; and 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. The term environmental education program means a program, which may be an animal exhibition, that— is professionally designed to impart knowledge or information for educational or conservation purposes about the natural behavior, habitat, and life cycle of an animal, or similar pedagogical information, by an individual qualified to impart that information; and does not include any performance of behavior of an animal that does not naturally occur for that animal in the wild. The term exotic or wild animal means— any animal that is or has historically been found in the wild or in the wild state, regardless of whether the animal was bred or born in the wild or in captivity; and any hybrid of an animal described in subclause (I), including a hybrid cross with a domestic animal or farm animal. The term exotic or wild animal includes— canidae (except domestic dogs); cetartiodactyla (except alpacas, bison, cattle, deer, elk, goats, llamas, reindeer, swine, and sheep); crocodilia; edentata; elasmobranchii; felidae (except domestic cats); hyaenidae; marsupialia; mustelidae; nonhuman primates; perissodactyla (except horses, donkeys, and mules); pinnipedia; proboscidea; procyonidae; ratites; spheniscidae; testudinidae; ursidae; varanidae; and viverridae. The term exotic or wild animal does not include any animal that is a domestic animal or farm animal. The term farm animal means an alpaca, cow, sheep, swine, goat, llama, poultry, rabbit, horse, mule, or donkey. 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 an animal 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 an animal is required to perform tricks, give rides, or participate as an accompaniment for the entertainment, amusement, or benefit of an audience. The term traveling animal act means any performance of an animal for which the animal is transported to, from, or between locations for the purpose of performance in a mobile or traveling housing facility. The term wildlife sanctuary means an organization that— is described in sections 170(b)(1)(A)(vi) and 501(c)(3) of the Internal Revenue Code of 1986; is a place of refuge that provides care for abused, neglected, unwanted, impounded, abandoned, orphaned, or displaced wildlife for the lifetime of the wildlife; and 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; and public events for financial profit or an 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. Subject to paragraph (3), no person shall cause a performance of, or allow for the participation of, an exotic or wild animal in a traveling animal act. Paragraph
(2)shall not apply to— 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 and Aquariums, the World Association of Zoos and Aquariums, or the Global Federation of Animal Sanctuaries; as part of an environmental education program by a facility accredited by the Association of Zoos and Aquariums, if the animal used as part of the program is not— used for more than 180 total days during a year; and kept in a mobile or traveling housing facility for more than 12 total hours during a day; by an institution of higher education, laboratory, or other research facility registered under section 6 for the purpose of conducting research; in film, television, or advertising, if the use does not involve a live animal exhibition conducted before a public studio audience; or in a rodeo; the use of an exotic or wild animal by a wildlife rehabilitator in an exhibition or environmental education program relating to indigenous animals— that is permitted by the relevant jurisdiction; that is accredited or certified by the National Wildlife Rehabilitators Association or the International Wildlife Rehabilitation Council; and if the exotic or wild animal is kept in a mobile or traveling housing facility for not more than 12 total hours during a day; a federally permitted falconer; or a wildlife sanctuary. Any person that fails to comply with this subsection shall be subject to the enforcement and penalties described in 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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