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S. Rept. 106-297 1 (1999-12-31)

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                                                          Calendar No. 555
                   106TH CONGRESS                                      REPORT
                      2d Session               SENATE                  106-297




                               ANIMAL WELFARE ACT AMENDMENTS



                     Mr. LUGAR, from the Committee on Agriculture, Nutrition, and
                                   Forestry, submitted the following


                                             REPORT

                                           [To accompany S. 345]
                     The Committee on Agriculture, Nutrition, and Forestry, to which
                   was referred the bill (S. 345) to amend the Animal Welfare Act to
                   remove the limitation that permits interstate movement of live
                   birds, for the purpose of fighting, to States in which animal fight-
                   ing is lawful, having considered the same, reports favorably there-
                   on and recommends that the bill do pass.
                                              CONTENTS
                                                                                Page
                    I. Purpose, need  and  background  ........................................................................  1
                    II. Legislative history and votes in  the Committee  ............................................  2
                    III.  Regulatory  im pact  statem ent  .........................................................................  2
                    IV.  Budgetary  im pact of the  bill  ............................................................................  2
                    V .  Changes  in  existing  law  ..................................................................................  4
                                  I. PURPOSE, NEED AND BACKGROUND
                     This legislation will close a loophole in the Animal Welfare Act
                   (AWA) that allows for the interstate transport of gamecocks for
                   fighting purposes from states where cockfighting is illegal to states
                   where cockfighting is legal. This change will bring consistency to
                   the law, treating birds as other animals are treated by preventing
                   interstate transport for fighting purposes, closing a significant loop-
                   hole in the law.
                     This legislative change will also help law officers enforce cock-
                   fighting bans in the 47 states in which cockfighting has been
                   banned. The three states where cockfighting is legal are: New Mex-
                   ico, Louisiana, and Oklahoma. This bill would not prohibit cock-
                   fighting in those states where it is currently legal.
                     This loophole in the AWA undermines the ability of state and
                   local law officers to enforce their state bans. Cockfighters elude
                   prosecution in states where the practice is illegal by claiming that
                   they are raising fighting birds for shipment to states where it is
                      79-010

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