SUPPORT S. 736 & H.R. 1532 - THE ANIMAL FIGHTING PROHIBITION ENFORCEMENT ACT
Senators John Ensign (R-NV), Wayne Allard (R-CO), and Maria Cantwell
(D-WA) introduced S. 736 and Representatives Roscoe Bartlett (R-MD)
and Robert Andrews (D-NJ) introduced H.R. 1532, to establish felony-level
jail time (up to 2 years) for violators of the animal fighting provisions
in Section 26 of the Animal Welfare Act. Along with strengthening the
maximum jail time from the current 1-year misdemeanor level, their legislation
will prohibit interstate and foreign commerce in knives and gaffs designed
specifically for cockfighting, and update other provisions in Section
26, e.g., for humane handling of animals seized at fights.
Dogfighting and cockfighting are inhumane and barbaric activities.
In a typical fight, two animals bred and trained for fighting are drugged
to heighten their aggression and forced to keep fighting even after
injuries such as pierced lungs and gouged eyes - all for the amusement
and illegal wagering of handlers and spectators. Dogfighting and cockfighting
are also associated with other criminal conduct, such as drug traffic,
illegal firearms use, and violence toward people. Children are often
present at these spectacles.
Felony penalties are needed. U.S. Attorneys are reluctant to pursue animal fighting cases with a misdemeanor penalty. Since Section 26 was enacted in 1976, federal authorities have pursued fewer than a half dozen animal fighting cases, although USDA has received innumerable tips from informants and requests to assist with state and local prosecutions.
The House and Senate already passed felony penalties
for animal fighting. In 2002, both chambers overwhelmingly approved
identically-worded provisions authorizing up to two years of jail time
for animal fighting as part of their respective Farm bills. While these
identical provisions should have been included in the final bill, the
increase in jail time to two years was dropped in conference.
S. 736 & H.R. 1532 bring federal law in line with state laws.
When the federal animal fighting law was enacted in 1976, no states made
animal fighting a felony. Today, dogfighting is a felony in 47 states,
and cockfighting is a felony in 30 states. The number of states making
animal cruelty a felony has risen from just 4 states in 1976 to 41 states
today. State laws commonly authorize jail time of 3 to 5 years or more
for animal fighting.
Other recent federal animal protection laws have felony
penalties. In 1999, Congress authorized imprisonment of up to
5 years for interstate commerce in videos depicting animal cruelty (P.L.
106-152), and mandatory jail time of up to 10 years for willfully harming
or killing a federal police dog or horse (P.L. 106-254).
There is no reason to allow interstate and foreign commerce in sharp
implements designed exclusively for cockfights, when Congress has prohibited
such commerce in birds for fighting. Razor-sharp knives known
as "slashers" and ice pick-like gaffs are attached to the legs
of birds to make cockfights more violent. These weapons, used only in
cockfights, are sold through cockfighting magazines and through the Internet.
The animal fighting industry continues to thrive across the U.S.
All 50 states ban dogfighting, 48 states ban cockfighting, and there has
been a dramatic increase in the number of animal fighting raids by state
and local authorities. Yet numerous nationally circulated animal fighting
magazines still promote these cruel practices and advertise fighting animals
and the accoutrements of animal fighting. There are also several active
websites for animal fighting enthusiasts, and paid lobbyists advocating
animal fighters' interests.
Cockfighters have spread Exotic Newcastle Disease (END) and pose a continuing threat to farmers. In September 2002, END was identified in southern California. It is now well-documented that cockfighting played a major role in the spread of this lethal disease affecting birds. Since that time, state and federal authorities have spent more than $200 million on containment and compensation. The disease spread to large-scale egg farms in California as well as Arizona, Nevada, New Mexico, and Texas. According to government authorities, interstate and international transport of fighting birds posed the greatest risk of transmission, since cockfighters move their birds around so much and participants from as many as a dozen states may gather at illegal fighting derbies. Cockfighters are costing taxpayers tens of millions of dollars.
"FOR MORE INFORMATION ON FEDERAL ATTEMPTS TO BLOCK
COCKFIGHTING, CLICK ON THESE LINKS"