Order Code 94-731
Brief Summaries of
Federal Animal Protection Statutes
Updated May 16, 2007
Henry Cohen
Legislative Attorney
American Law Division

Brief Summaries of Federal Animal Protection Statutes
Summary
This report contains brief summaries of federal animal protection statutes, listed
alphabetically. It does not include treaties, although it does include statutes enacted
to implement treaties. It includes statutes concerning animals that are not entirely,
or not at all, animal protection statutes. For example, it includes a statute authorizing
the eradication of predators, because one of the statute’s purposes is to protect
domestic and “game” animals; and it includes statutes to conserve fish, although their
ultimate purpose may not be for the fishes’ benefit. It also includes statutes that
allow the disabled to use service animals, and even includes statutes aimed at acts of
animal rights advocates (the Animal Enterprise Protection Act of 1992, and the
Recreational Hunting Safety and Preservation Act of 1994).

Contents
Adoption of Military Working Dogs, 10 U.S.C. § 2582 . . . . . . . . . . . . . . . . 1
African Elephant Conservation Act, 16 U.S.C. §§ 4201-4245 . . . . . . . . . . . 1
Agriculture Appropriations Act, 2006, P.L. 109-97 (2005) . . . . . . . . . . . . . . 1
Airborne Hunting Act, 16 U.S.C. § 742j-1 . . . . . . . . . . . . . . . . . . . . . . . . . . 2
Alaska National Interest Lands Conservation Act . . . . . . . . . . . . . . . . . . . . 2
Americans with Disabilities Act, 42 U.S.C. §§ 12101-12213 . . . . . . . . . . . . 2
Anadromous Fish Conservation Act, 16 U.S.C. §§ 757a-757f . . . . . . . . . . . 2
Animal Damage Control Act, 7 U.S.C. §§ 426-426c . . . . . . . . . . . . . . . . . . 3
Animal Disease Risk Assessment, Prevention, and Control Act of 2001,
P.L. 107-9. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
Animal Enterprise Terrorism Act, P.L. 109-374 (2006), 18 U.S.C. § 43 . . . 3
Animal Welfare Act, 7 U.S.C. §§ 2131-2159 . . . . . . . . . . . . . . . . . . . . . . . . 4
Antarctic Conservation Act of 1978, 16 U.S.C. §§ 2401-2412 . . . . . . . . . . . 6
Antarctic Marine Living Resources Convention Act of 1984, 16 U.S.C.
§§ 2431-2444 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
Asian Elephant Conservation Act of 1997, 16 U.S.C. §§ 4261-4266 . . . . . . 6
Atlantic Coastal Fisheries Cooperative Management Act, 16 U.S.C.
§§ 5101-5108 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
Atlantic Salmon Convention Act of 1982, 16 U.S.C. §§ 3601-3608 . . . . . . . 7
Atlantic Striped Bass Conservation Act, 16 U.S.C. § 1851 note . . . . . . . . . . 7
Atlantic Tunas Convention Act of 1975, 16 U.S.C. §§ 971-971k . . . . . . . . . 7
Bald and Golden Eagle Protection Act, 16 U.S.C. §§ 668-668d . . . . . . . . . . 7
Captive Wildlife Safety Act: See Lacey Act Amendments of 1981 . . . . . . . 7
Chimpanzee Health Improvement, Maintenance, and Protection Act,
42 U.S.C. § 481C . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
Department of Defense Appropriations Acts . . . . . . . . . . . . . . . . . . . . . . . . . 8
Departments of Labor, Health and Human Services, and Education, and
Related Agencies Appropriations Act for the Fiscal Year
Ending September 30, 1993 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
Depictions of Animal Cruelty, 18 U.S.C. § 48 . . . . . . . . . . . . . . . . . . . . . . . 9
Dingell-Johnson Sport Fish Restoration Act, 16 U.S.C. §§ 777-777l . . . . . . 9
Disposition of Unfit Horses And Mules, 40 U.S.C. § 311b . . . . . . . . . . . . . . 9
Dog and Cat Protection Act of 2000, 19 U.S.C. § 1308 . . . . . . . . . . . . . . . 10
Dolphin Protection Consumer Information Act, 16 U.S.C. § 1385 . . . . . . . 10
Driftnet Impact Monitoring, Assessment, and Control Act of 1987,
16 U.S.C. § 1822 note . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
Eastern Pacific Tuna Licensing Act of 1984, 16 U.S.C. §§ 972-972h . . . . 10
Endangered Species Act, 16 U.S.C. §§ 1531-1544 . . . . . . . . . . . . . . . . . . . 11
Export Administration Amendments Act of 1985, 46 U.S.C. App.
§ 466c . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
Fair Housing Act, 42 U.S.C. § 3604 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
Federal Hazardous Substances Act, 15 U.S.C. §§ 1261-1275 . . . . . . . . . . . 12
Federal Law Enforcement Animal Protection Act of 2000, 18 U.S.C.
§ 1368 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
Fish and Wildlife Conservation Act, 16 U.S.C. §§ 2901-2912 . . . . . . . . . . 12
Fish And Wildlife Coordination Act, 16 U.S.C. §§ 661-667d . . . . . . . . . . 12
Fishery Conservation Amendments of 1990, P.L. 101-627 . . . . . . . . . . . . . 12

Food, Agriculture, Conservation, and Trade Act of 1990, 7 U.S.C.
§ 5801(a)(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
Fur Seal Act of 1966, 16 U.S.C. §§ 1151-1175 . . . . . . . . . . . . . . . . . . . . . . 13
Great Ape Conservation Act of 2000, P.L. 106-411 . . . . . . . . . . . . . . . . . . 13
High Seas Fishing Compliance Act of 1995, 16 U.S.C. §§ 5501-5509 . . . . 13
Horse Protection Act, 15 U.S.C. §§ 1821-1831 . . . . . . . . . . . . . . . . . . . . . . 13
Humane Slaughter Act, 7 U.S.C. §§ 1901-1906 . . . . . . . . . . . . . . . . . . . . . 13
ICCVAM Authorization Act of 2000, P.L. 106-545 . . . . . . . . . . . . . . . . . . 14
International Dolphin Conservation Act, P.L. 105-42 . . . . . . . . . . . . . . . . . 14
Lacey Act, 18 U.S.C. §§ 41-47 (see also Animal Enterprise Protection
Act of 1992) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
Lacey Act Amendments of 1981, 16 U.S.C. §§ 3371-3378 . . . . . . . . . . . . 15
Magnuson-Stevens Fishery Conservation and Management Act,
16 U.S.C. §§ 1801-1883 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
Marine Mammal Protection Act of 1972, 16 U.S.C. §§ 1361-1421h . . . . . 15
Marine Plastic Pollution Research and Control Act of 1987, P.L. 100-220,
Title II . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
Marine Protection, Research, And Sanctuaries Act of 1972, 16 U.S.C.
§§ 1431-1445b . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
Marine Turtle Conservation Act of 2004, 16 U.S.C. §§ 6601-6607 . . . . . . 17
Migratory Bird Conservation Act, 16 U.S.C. §§ 715-715s . . . . . . . . . . . . . 17
Multinational Species Conservation Fund, 16 U.S.C. § 4246 . . . . . . . . . . . 17
National Agricultural Research, Extension, and Teaching Policy Act of
1977, 7 U.S.C. §§ 3191-3201 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
National Fish and Wildlife Foundation Establishment Act, 16 U.S.C.
§§ 3701-3709 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
National Housing Act, 12 U.S.C. § 1701r-1 . . . . . . . . . . . . . . . . . . . . . . . . 18
National Wildlife Refuge System Administration Act of 1966,
16 U.S.C. §§ 668dd-668ee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
Neotropical Migratory Bird Conservation Act, 16 U.S.C. §§ 6101-6109 . . 19
Nonindigenous Aquatic Nuisance Prevention and Control Act of 1990, 16
U.S.C. §§ 4701-4751 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
North Pacific Anadromous Stocks Act of 1992, 16 U.S.C. §§ 5001-5012
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
Northern Pacific Halibut Act of 1982, 16 U.S.C. §§ 773-773k . . . . . . . . . . 20
Northwest Atlantic Fisheries Convention Act of 1995, 16 U.S.C.
§§ 5601-5610 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
Pacific Salmon Treaty Act of 1985, 16 U.S.C. §§ 3631-3645 . . . . . . . . . . . 20
Partnerships for Wildlife Act, 16 U.S.C. §§ 3741-3744 . . . . . . . . . . . . . . . 20
Pets Evacuation and Transportation Standards Act of 2006,
42 U.S.C. §§ 5170b(a)(3)(J), 5196(e)(4), 5196(j)(2), 5196b(g) . . . . . 20
Pittman-Robertson Wildlife Restoration Act, 16 U.S.C. §§ 669-669i . . . . 20
Public Health Service Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
Recreational Hunting Safety and Preservation Act of 1994, 16 U.S.C.
§§ 5201-5207 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
Rehabilitation Act of 1973: See Americans with Disabilities Act . . . . . . . 22
Rhinoceros and Tiger Conservation Act of 1994, 16 U.S.C.
§§ 5301-5306 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
Salmon and Steelhead Conservation and Enhancement Act of 1980,
16 U.S.C. §§ 3301-3345 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
Shark Finning Prohibition Act, P.L. 106-557 (2000) . . . . . . . . . . . . . . . . . 22
Shipping Code, 46 U.S.C. §§ 3901-3902 . . . . . . . . . . . . . . . . . . . . . . . . . . . 23

Sikes Act, 16 U.S.C. §§ 670a-670o . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
South Pacific Tuna Act of 1988, 16 U.S.C. §§ 973-973r . . . . . . . . . . . . . . 23
Tariff Act of 1930, 19 U.S.C. § 1527 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
Tuna Conventions Act of 1950, 16 U.S.C. §§ 951-962 . . . . . . . . . . . . . . . . 23
Twenty-Eight Hour Law, 49 U.S.C. § 80502 . . . . . . . . . . . . . . . . . . . . . . . 24
United States Housing Act of 1937: See National Housing Act . . . . . . . . . 25
Wendell H. Ford Aviation Investment and Reform Act for the 21st Century,
49 U.S.C. § 41721 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
Whale Conservation And Protection Study Act, 16 U.S.C. §§ 917-917d . . 25
Whaling Convention Act of 1949, 16 U.S.C. §§ 916-916l . . . . . . . . . . . . . 25
Wild Bird Conservation Act of 1992, 16 U.S.C. §§ 4901-4916 . . . . . . . . . 25
Wild Free-Roaming Horses and Burros Act, 16 U.S.C. §§ 1331-1340 . . . . 25
Wildlife and Sport Fish Restoration Programs Improvement Act of 2000,
P.L. 106-408, Title I . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
Yukon River Salmon Act of 1995, 16 U.S.C. §§ 5701-5709 . . . . . . . . . . . 26

Brief Summaries of Federal Animal
Protection Statutes
Adoption of Military Working Dogs, 10 U.S.C. § 2582
This statute, P.L. 106-446 (2000), provides, in part: “The Secretary of Defense
may make a military working dog of the Department of Defense available for
adoption ... at the end of the dog’s useful working life or when the dog is otherwise
excess to the needs of the Department.” Prior to this statute, under Department of
Defense policy, such dogs were caged, sometimes for as long as a year, and then
euthanized. See 146 Cong. Rec. H 9599 (daily ed. October 10, 2000).
African Elephant Conservation Act, 16 U.S.C. §§ 4201-4245
This statute establishes an African Elephant Conservation Fund, from which the
Secretary of the Interior may provide financial assistance “for approved projects for
research, conservation, management, or protection of African elephants.” It requires
the Secretary to establish a moratorium on the importation of raw and worked ivory
from an ivory producing country that does not meet specified criteria, including being
a party to CITES and adhering to the CITES Ivory Control System. (“CITES” is the
Convention on the International Trade in Endangered Species of Wild Fauna and
Flora.)
The act imposes civil and criminal penalties on any person who, among other
things, imports raw ivory from any country other than an ivory producing country,
or from a country for which a moratorium is in effect, or who exports raw ivory from
the United States. A person who furnishes information that leads to a civil penalty
or a criminal conviction under the act may be rewarded up to one-half of any criminal
or civil penalty or fine, or $25,000, whichever is less.
Agriculture Appropriations Act, 2006, P.L. 109-97 (2005)
Section 794 of this act provides: “Effective 120 days after the date of enactment
of this act, none of the funds made available by this act may be used to pay the
salaries or expenses of personnel to inspect horses under section 3 of the Federal
Meat Inspection Act (21 U.S.C. 603) or under guidelines issued under section 903
[of] the Federal Agriculture Improvement and Reform Act of 1996 (7 U.S.C. 1901
note; P.L. 104-127).” This provision was apparently intended to effectively prohibit
the slaughter of horses for human consumption from March 10, 2006 until September
30, 2006. The Department of Agriculture, however, announced on February 7, 2006,
that it would charge slaughter plants to pay for inspections by the Department of

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Agriculture’s Food Safety and Inspection Service so that horses could continue to be
slaughtered for human consumption.1
Airborne Hunting Act, 16 U.S.C. § 742j-1
This statute makes it a crime (1) while in an aircraft, to shoot any bird, fish, or
other animal, or (2) to use an aircraft to harass any bird, fish, or other animal. These
prohibitions do not apply to persons employed by or licensed by a state or the federal
government to administer or protect “land, water, wildlife, domesticated animals,
human life, or crops.”
Alaska National Interest Lands Conservation Act
Sections 1313-1314 of this act, 16 U.S.C. §§ 3201-3202, authorize the Secretary
of the Interior to designate zones within national preserves in Alaska “where and
when no hunting, fishing, trapping, or entry may be permitted,” and prohibits “the
taking of fish and wildlife” in national parks or national park system monuments in
Alaska, except as specified in the act.
Section 1005 of the act, as amended in 1990, 16 U.S.C. § 3145, provides that
the Secretary of the Interior “shall work closely with the State of Alaska and Native
Village and Regional Corporations in evaluating the impact of oil and gas
exploration, development, production, and transportation and other human activities
on the wildlife resources of these lands, including impacts on the Arctic and
Porcupine caribou herds, polar bears, muskox, grizzly bear, wolf, wolverine,
seabirds, shorebirds, and migratory waterfowl.”
Americans with Disabilities Act, 42 U.S.C. §§ 12101-12213
This statute (together with the Rehabilitation Act of 1973, 29 U.S.C. §§ 791-
794) prohibits discrimination against people with disabilities in employment, public
services, and public accommodations.2 Discrimination includes refusing to make
reasonable accommodations for individuals with disabilities, and a reasonable
accommodation generally includes permitting the use of service animals, such as
seeing eye dogs. See, e.g., 28 C.F.R. § 36.302(c). See also, Fair Housing Act,
discussed below.
Anadromous Fish Conservation Act, 16 U.S.C. §§ 757a-757f
This statute authorizes the Secretary of Commerce to take various actions for
the protection of fishery resources.
1 Libby Quaid, Horse Slaughter to Continue Despite Action, Feb. 7, 2006, at
[http://www.boston.com/news/nation/washington/articles/2006/02/07/horse_slaughter_to
_continue_despite_action/?rss_id=Boston.com%2B/%2BNews].
2 The Rehabilitation Act applies to federal executive branch agencies, federal contractors,
and federal programs receiving federal financial assistance. The ADA applies to legislative
branch agencies, the states, and the private sector.

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Animal Damage Control Act, 7 U.S.C. §§ 426-426c
This statute directs the Secretary of Agriculture:
to conduct investigations, experiments, and tests as he may deem necessary in
order to determine, demonstrate, and promulgate the best methods of eradication,
suppression, or bringing under control on national forests and other areas of the
public domain as well as on State, Territory, or privately owned lands of
mountain lions, wolves, bobcats, prairie dogs, gophers, ground squirrels, jack
rabbits, brown tree snakes, and other animals injurious to agriculture,
horticulture, forestry, animal husbandry, wild game animals, fur-bearing animals,
and birds.
This statute was enacted in 1931 (though “brown tree snakes” were added in
1991). The functions of the Secretary of Agriculture under it were transferred to the
Secretary of Interior in 1939, and back to Agriculture in 1985.3 In 1987, P.L. 100-
202, 101 Stat. 1329-331, added the following provision to the act:
The Secretary of Agriculture is authorized, except for urban rodent control, to
conduct activities and enter into agreements with States, local jurisdictions,
individuals, and public and private agencies, organizations, and institutions in the
control of nuisance mammals and birds and those mammal and bird species that
are reservoirs for zoonotic diseases, and to deposit any money collected under
any such agreement into the appropriation accounts that incur the costs to be
available immediately and to remain available until expended for Animal
Damage Control activities.
Animal Disease Risk Assessment, Prevention, and Control
Act of 2001, P.L. 107-9.

This statute requires the Department of Agriculture to submit to the House and
Senate agriculture committees a preliminary report by June 23, 2001, and a final
report by October 20, 2001, concerning foot-and-mouth disease, bovine spongiform
encephalopathy, and related diseases.
Animal Enterprise Terrorism Act, P.L. 109-374 (2006),
18 U.S.C. § 43

This statute, which replaced the Animal Enterprise Protection Act of 1992,
makes it a crime to “(1) travel[ ] in interstate or foreign commerce, or use[ ]... the
3 The transfer in 1985 did not explicitly appear in any federal statute; rather, P.L. 99-190,
§ 101(a), incorporated H.Rept. 99-439, and Amendment No. 31 to H.Rept. 99-439
incorporated a Senate amendment that appears at 131 Cong. Rec. 27449 (Oct. 15, 1985).
These provisions are set forth in “Federal Laws Enacted in 1985 Concerning Animals” (Feb.
19, 1985), a CRS report by the present author. These provisions were declared “effective
as if enacted into law” by P.L. 100-202, § 106, 101 Stat. 1329-433 (1987). The 1985
transfer to the Department of Agriculture was, according to the Washington Post (Jan. 2,
1986), “to the delight of western cattlemen and sheep producers and the dismay of
conservationists”; the issue is debated at 131 Cong. Rec. 27459 (Oct. 15, 1985).

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mail or any facility in interstate or foreign commerce — (1) for the purpose of
damaging or interfering with the operations of an animal enterprise; and (2) in
connection with such purpose — (A) intentionally damag[ing] or caus[ing] the loss
of any real or personal property ... [or] (B) intentionally plac[ing] a person in
reasonable fear of the death of, or serious bodily injury to that person, a member of
the immediate family ... of that person, or a spouse or intimate partner of that
person....” The statute defines “animal enterprise” as:
(A) a commercial or academic enterprise that uses or sells animals or animal
products for profit, food or fiber production, agriculture, education, research, or
testing;
(B) a zoo, aquarium, animal shelter, pet store, breeder, furrier, circus, rodeo, or
other lawful competitive animal event; or
(C) any fair or similar event intended to advance agricultural arts and sciences.
Animal Welfare Act, 7 U.S.C. §§ 2131-2159
This statute authorizes the Secretary of Agriculture to “promulgate standards to
govern the humane handling, care, treatment, and transportation of animals by
dealers, research facilities, and exhibitors.” 7 U.S.C. § 2143(a)(1). Such standards
must include requirements “for animal care, treatment, and practices in experimental
procedures to ensure that animal pain and distress are minimized....” 7 U.S.C.
§ 2143(a)(3)(A). The act also requires the Secretary to “promulgate standards to
govern the transportation in commerce, and the handling, care, and treatment in
connection therewith, by intermediate handlers, air carriers, or other carriers, of
animals consigned by any ... person ... for transportation in commerce.” 7 U.S.C.
§ 2143(a)(4).
The act’s definition of “animal” makes the act applicable to any warmblooded
animal used “for research, testing, experimentation, or exhibition purposes, or as a
pet; but such term excludes (1) birds, rats of the genus Rattus, and mice of the genus
Mus, bred for use in research, (2) horses not used for research purposes, and (3) other
farm animals....” 7 U.S.C. § 2132(g). Prior to this provision’s amendment by P.L.
107-171 (2002), § 10301, it did not exclude birds, rats, or mice. Nevertheless, the
Secretary promulgated regulations that excluded birds, and rats and mice bred for use
in research, from coverage under the act. A federal court found this exclusion to
violate the act, but the decision was overturned on appeal on the ground that the
plaintiffs lacked standing to bring the suit.4 Subsequently, in a case unrelated to the
birds, rats, and mice question, the en banc D.C. Circuit held that a plaintiff who
“suffered [injuries] to his aesthetic interest in observing animals living under humane
conditions” had standing to sue the Secretary of Agriculture to enforce the act.5

Subsequently, another suit was brought to challenge the exclusion of birds, rats,
and mice, and a federal district court, citing the D.C. Circuit case, denied the
4 Animal Legal Defense Fund v. Espy, 23 F.3d 496 (D.C. Cir. 1994).
5 Animal Legal Defense Fund v. Glickman, 154 F.3d 426, 429 (D.C. Cir. 1998), cert. denied,
526 U.S. 1064 (1999).

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Department of Agriculture’s motion to dismiss for lack of standing.6 As a result, the
Department of Agriculture settled the case by agreeing to revise its regulations to
include birds, rats, and mice. Then Congress intervened, and, in the Department of
Agriculture appropriations for FY2001 (P.L. 106-387, § 772), prohibited FY2001
funds from being used to “modify the definition of ‘animal’ in existing regulations
pursuant to the Animal Welfare Act.” The FY2002 appropriations contained the
same prohibition (P.L. 107-76, § 732), and then P.L. 107-171, § 10301, amended the
statute to exclude birds, rats, and mice bred for research. Section 10304 of the
statute, however, directs the National Research Council, by May 13, 2003, to submit
to the House and Senate Agriculture Committees “a report on the implications of
including rats, mice, and birds within the definition of animal under the regulations
promulgated under the Animal Welfare Act (7 U.S.C. 2131 et seq.).”
The act requires every research facility to establish an Institutional Animal
Committee of at least three members, at least one of whom shall not be affiliated in
any way with the facility and who is intended to represent “general community
interests in the proper care and treatment of animals.” The Committee’s
responsibilities include to review practices involving pain to animals and to file a
report with the Secretary. 7 U.S.C. § 2143(b).
The act also provides for the licensing of dealers and exhibitors (7 U.S.C.
§ 2133) and prohibits research facilities from purchasing dogs or cats from
unlicensed dealers or exhibitors (7 U.S.C. § 2137). It defines “exhibitor” to include
carnivals, circuses, and zoos, but to exclude retail pet stores, state and country fairs,
livestock shows, rodeos, and purebred dog and cat shows (7 U.S.C. § 2132(h)).
The act also prohibits any person “to knowingly sponsor or exhibit an animal
in an animal fighting venture, if any animal in the venture was moved in interstate
or foreign commerce”; or “to knowingly sell, buy, transport, or deliver” an animal to
participate in an animal fighting venture. However, “[w]ith respect to fighting
ventures involving live birds in a State where it would not be a violation of the law,
it shall be unlawful under this subsection for a person to sponsor or exhibit a bird in
a fighting venture only if the person knew that any bird in the fighting venture was
knowingly bought, sold, delivered, transported, or received in interstate commerce
for the purpose of participation in the fighting venture.” 7 U.S.C. § 2156(a), as
amended by P.L. 107-171, § 10302 (2002); see also 39 U.S.C. § 3001(a). Prior to its
2002 amendment, 7 U.S.C. § 2156(a) did not apply at all to fighting ventures
involving live birds in states that where such activity was legal.
In 2007, the animal fighting ventures section was again amended. P.L. 110-22
made it “unlawful for any person to knowingly sell, buy, transport, or deliver in
interstate or foreign commerce a knife, a gaff, or any other sharp instrument attached,
or designed or intended to be attached, to the leg of a bird for use in an animal
fighting venture.” P.L. 110-22 also increased the penalty for violations of the animal
fighting ventures section from a misdemeanor to a felony, with a maximum term of
imprisonment of three years per violation.
6 Alternatives Research & Development Foundation v. Glickman, 101 F.Supp.2d 7 (D.D.C.
2000).

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The Animal Welfare Act also prohibits dealers and exhibitors from selling or
otherwise disposing of any dog or cat within five business days after they acquire it,
except that this requirement does not apply to operators of auction sales. 7 U.S.C.
§ 2135. A 1990 amendment requires public and private pounds and shelters, and
research facilities licensed by the Department of Agriculture, to “hold and care for”
any dog or cat they acquire “for a period of not less than five days to enable such dog
or cat to be recovered by its original owner or adopted by other individuals before
such entity sells such dog or cat to a dealer.”7 7 U.S.C. § 2158(a). Does this
provision prohibit a pound, shelter, or research facility from euthanizing a dog or cat
before five days? Perhaps not on its face, but that appears to be its intent, as to read
it otherwise would seem to defeat its purpose.8
Another 1990 amendment authorized the Attorney General to seek, and federal
courts to issue, injunctions against dealing in stolen animals or placing the health of
an animal in serious danger in violation of the act. 7 U.S.C. § 2159.
Antarctic Conservation Act of 1978, 16 U.S.C. §§ 2401-2412
This statute makes it unlawful for any United States citizen, unless authorized
by the Director of the National Science Foundation, to engage in commerce in any
native animal or native bird taken in Antarctica.
Antarctic Marine Living Resources Convention Act of 1984,
16 U.S.C. §§ 2431-2444

This statute implements the Convention on the Conservation of Antarctic
Marine Living Resources, and makes it unlawful to harvest, or knowingly to engage
in commerce in any Antarctic marine living resource harvested in violation of the
Convention.
Asian Elephant Conservation Act of 1997, 16 U.S.C. §§ 4261-
4266

This statute establishes the Asian Elephant Conservation Fund and directs the
Secretary of the Interior to use amounts in the Fund for projects for the conservation
of Asian elephants.
Atlantic Coastal Fisheries Cooperative Management Act, 16
U.S.C. §§ 5101-5108

The statute requires the Secretary of Commerce, in cooperation with the
Secretary of the Interior, to develop and implement a program to support the
interstate fishery management efforts of the Atlantic States Marine Fisheries
Commission.
7 A “dealer” is defined to include any person who buys an animal, and therefore could
include a research facility. 7 U.S.C. § 2132(f).
8 The regulations do not address this question. See, 9 C.F.R. § 2.133(a).

CRS-7
Atlantic Salmon Convention Act of 1982, 16 U.S.C. §§ 3601-
3608

This statute limits salmon fishing pursuant to the Convention for the
Conservation of Salmon in the North Atlantic Ocean.
Atlantic Striped Bass Conservation Act, 16 U.S.C. § 1851 note
This statute, as amended in 1997, authorizes the Secretary of Commerce to
declare a moratorium on fishing for Atlantic striped bass within the coastal waters
of any state that does not comply with the Interstate Fisheries Management Plan for
Striped Bass.
Atlantic Tunas Convention Act of 1975, 16 U.S.C. §§ 971-971k
This statute authorizes the Secretary of Commerce to promulgate regulations to
“limit the size of the fish and the quantity of the catch which may be taken from each
area ... [and] limit or prohibit the incidental catch of a regulated species....”
Bald and Golden Eagle Protection Act, 16 U.S.C. §§ 668-668d
This statute makes it a crime to possess, buy, sell, or transport any bald or
golden eagle, alive or dead, or any part, nest, or egg thereof. The Secretary of the
Interior may issue regulations authorizing exceptions “for the scientific or exhibition
purposes of public museums, scientific societies, and zoological parks, or for the
religious purposes of Indian tribes, or ... for the protection of wildlife or of
agricultural or other interests in any particular locality....”
Captive Wildlife Safety Act: See Lacey Act Amendments of
1981

Chimpanzee Health Improvement, Maintenance, and
Protection Act, 42 U.S.C. § 481C

The CHIMP Act, P.L. 106-551 (2000), requires the Secretary of Health and
Human Services (HHS) to “provide for the establishment and operation ... of a
[sanctuary] system to provide for the lifetime care of chimpanzees that have been
used, or were bred or purchased for use, in research conducted or supported by the
National Institutes of Health, the Food and Drug Administration, or other agencies
of the Federal Government,” when such “surplus chimpanzees” are not needed for
such research. Non-federal chimpanzees may also be accepted into the system.
Chimpanzees in the system may not be used in research except as specified in the
statute, and must be cared for in accordance with the Animal Welfare Act.
The sanctuary system shall be operated by a nonprofit private entity under a
contract awarded by the Secretary of HHS. The nonprofit private entity shall have
a board of directors composed of not more than 13 voting members, who shall
include individuals with expertise and experience in various fields, including primate

CRS-8
veterinary care, animal protection, behavioral primatology, management of nonprofit
organizations, laboratory animal medicine, and biohazards.
Department of Defense Appropriations Acts
P.L. 101-511, § 8019 (1990) provides:
None of the funds appropriated by this Act or hereafter shall be used to purchase
dogs or cats or otherwise fund the use of dogs or cats for the purpose of training
Department of Defense students or other personnel in surgical or other medical
treatment of wounds produced by any type of weapon: Provided, That the
standards of such training with respect to the treatment of animals shall adhere
to the Federal Animal Welfare Law and to those prevailing in the civilian
medical community.
This provision, without the words “or hereafter,” had been included in
Department of Defense appropriations statutes since P.L. 98-212, § 791 (1984).
However, because of the words “or hereafter” in the language quoted above, this
prohibition on the use of funds continues to operate unless it is repealed.
Other Department of Defense appropriations statutes use the phrase “this Act
or any other Act” instead of “this Act or hereafter.” The Comptroller General has
“held that the words ‘or any other act’ do not indicate futurity, but merely extend the
effect of the provisions to other appropriations available in that fiscal year.” 65
Comp. Gen. 588, 589 (1986). The following example of the use of this phrase in
connection with the use of animals in research appeared in P.L. 103-139, § 8044
(1993), and P.L. 104-61, § 8034 (1995):
None of the funds provided in this Act or any other Act shall be available to
conduct bone trauma research at any Army Research Laboratory until the
Secretary of the Army certifies that the synthetic compound to be used in the
experiments is of such a type that its use will result in a significant medical
finding, the research has military application, the research will be conducted in
accordance with the standards set by an animal care and use committee, and the
research does not duplicate research already conducted by a manufacturer or any
other research organization.9
Finally, some limitations on the use of Department of Defense funds for animal
research have applied only to a particular appropriations statute. For example, P.L.
103-139 § 8043 (1993), and P.L. 104-61, § 8032 (1995), provide:
None of the funds appropriated by this Act shall be available for payments
under the Department of Defense contract with the Louisiana State University
Medical Center involving the use of cats for Brain Missile Wound Research....
9 The bone trauma research involves the use of dogs; see, H.Rept. 101-345, 101st Cong., 1st
sess. 153 (1989).

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Departments of Labor, Health and Human Services, and
Education, and Related Agencies Appropriations Act for the
Fiscal Year Ending September 30, 1993

P.L. 102-394, § 213 (1992) provides:
No funds appropriated under this Act or subsequent Departments of Labor,
Health and Human Services, and Education, and Related Agencies
Appropriations Acts shall be used by the National Institutes of Health, or any
other Federal agency, or recipient of Federal funds on any project that entails the
capture or procurement of chimpanzees obtained from the wild. For purposes of
this section, the term “recipient of Federal funds” includes private citizens,
corporations, or other research institutions located outside the United States that
are recipients of Federal funds.
This provision had previously appeared, without the reference to subsequent
acts, in P.L. 101-166, § 214 (1989), P.L. 101-517, § 211 (1990), and P.L. 102-170,
§ 213 (1991).
Depictions of Animal Cruelty, 18 U.S.C. § 48
This statute, enacted as P.L. 106-152 (1999), makes it a crime knowingly to
create, sell, or possess any visual or audio “depiction of animal cruelty with the
intention of placing that depiction in interstate or foreign commerce for commercial
gain.” It provides an exception for “any depiction that has serious religious, political,
scientific, educational, journalistic, historical, or artistic value.”
Dingell-Johnson Sport Fish Restoration Act, 16 U.S.C.
§§ 777-777l

This statute is also known as the “Federal Aid in Fish Restoration Act” and the
“Fish Restoration and Management Projects Act.” It directs the Secretary of the
Interior “to cooperate with the States through their respective State fish and game
departments in fish restoration and management projects.” It includes the New
England Fishery Resources Restoration Act of 1990, 16 U.S.C. § 777e-1. This
statute was amended by the Wildlife and Sport Fish Restoration Programs
Improvement Act of 2000, discussed below.
Disposition of Unfit Horses And Mules, 40 U.S.C. § 311b
This statute provides, in full:
Subject to applicable regulations under the Federal Property and Administrative
Services Act of 1949, as amended, horses and mules belonging to the United
States which have become unfit for service may be destroyed or put out to
pasture, either on the pastures belonging to the United States Government or
those belonging to financially sound and reputable humane organizations whose
facilities permit them to care for them during the remainder of their natural life,
at no cost to the Government.

CRS-10
Dog and Cat Protection Act of 2000, 19 U.S.C. § 1308
This statute, P.L. 106-476, §§ 1441-1443 (2000), makes it unlawful to import
into, or export from, the United States any dog or cat fur product; or to engage in
interstate commerce in any dog or cat fur product.
Dolphin Protection Consumer Information Act, 16 U.S.C.
§ 1385

This statute, as amended by § 5 of the International Dolphin Conservation
Program Act, P.L. 105-42 (1997), makes it a violation of § 5 of the Federal Trade
Commission Act, 15 U.S.C. § 45,
for any producer, importer, exporter, distributor, or seller of any tuna product
that is exported from or offered for sale in the United States to include on the
label of that product the term “dolphin safe” or any other term or symbol that
falsely claims or suggests that the tuna contained in the product were harvested
using a method of fishing that is not harmful to dolphins if the product contains
tuna harvested —
(A) on the high seas by a vessel engaged in driftnet fishing; or
(B) outside the eastern tropical Pacific Ocean by a vessel using purse
seine nets ...
(C) in the eastern tropical Pacific Ocean by a vessel using a purse
seine net unless the tuna meet the requirements for being considered
dolphin safe under paragraph (2)....
Violators are subject to a civil penalty of up to $100,000.
Driftnet Impact Monitoring, Assessment, and Control Act of
1987, 16 U.S.C. § 1822 note

This statute finds that “the use of long plastic driftnets is a fishing technique that
may result in the entanglement and death of enormous numbers of target and
nontarget marine resources in the waters of the North Pacific Ocean, including the
Bering Sea.” It therefore provides that the Secretary of Commerce, through the
Secretary of State, shall negotiate with foreign governments to monitor driftnet
fishing, and shall evaluate the feasibility of various methods of reducing the number
of driftnets discarded or lost at sea.
The Driftnet Act Amendments of 1990, 16 U.S.C. § 1826, incorporate and
expand upon provisions of the Driftnet Impact Monitoring, Assessment, and Control
Act of 1987.
Eastern Pacific Tuna Licensing Act of 1984, 16 U.S.C. §§ 972-
972h

This statute makes it unlawful to fish for designated species of tuna within the
“Area Agreement” specified in the act without a license, or in contravention of
regulations promulgated by the Secretary of Commerce.

CRS-11
Endangered Species Act, 16 U.S.C. §§ 1531-1544
This statute authorizes the Secretary of the Interior (the Secretary of Commerce
in the case of marine mammals) to promulgate lists of species which are endangered
or threatened (defined as “likely to become ... endangered”) and to designate critical
habitats of such species. Among other things, the act prohibits any person or private
or governmental entity from importing, exporting, taking, possessing, selling, or
transporting any endangered species. 16 U.S.C. § 1538. It prohibits federal agencies,
unless granted an exemption, from taking action “likely to jeopardize the continued
existence of any endangered species or threatened species or result in the destruction
or adverse modification of [critical] habitat of such species.” 16 U.S.C. § 1536(a)(2).
(No similar prohibition applies to entities other than federal agencies.) The act also
requires the Secretary to develop and implement recovery plans for the conservation
and survival of endangered and threatened species. 16 U.S.C. § 1533(f).
In 1988, P.L. 100-478 amended the act to require the Secretary to develop and
implement recovery plans for the conservation and survival of endangered species
and threatened species, and to implement a system in cooperation with the states to
monitor the status of recovered species. It also directed the Secretary of Commerce
to contract for an independent review, by the National Academy of Sciences, of
scientific information pertaining to the conservation of sea turtles.
Export Administration Amendments Act of 1985, 46 U.S.C.
App. § 466c

This statute provides that “no horse may be exported by sea from the United
States, or any of its territories or possessions, unless such horse is part of a
consignment with respect to which a waiver has been granted” by the Secretary of
Commerce. Such waivers may be granted only “if the Secretary of Commerce, in
consultation with the Secretary of Agriculture, determines that no horse in that
consignment is being exported for purposes of slaughter.”
Fair Housing Act, 42 U.S.C. § 3604
This statute, as interpreted by the Department of Housing and Urban
Development (HUD), requires that all public and private housing (except as
exempted in 42 U.S.C. §§ 3603(b) and § 3607) allow seeing eye dogs, even if they
otherwise have a “no pets” policy. 24 C.F.R. § 100.204. The act prohibits
discrimination “in the terms, conditions, or privileges of sale or rental of a dwelling,
or in the provision of services or facilities in connection” with such a dwelling,
because of a race, color, religion, sex, familial status (living with children), national
origin, or handicap. One form of discrimination based on handicap is “a refusal to
make reasonable accommodations in rules, policies, practices, or services, when such
accommodations may to necessary to afford [a handicapped] person equal
opportunity to use and enjoy a dwelling.” HUD has determined that allowing seeing
eye dogs is a reasonable accommodation.

CRS-12
Federal Hazardous Substances Act, 15 U.S.C. §§ 1261-1275
The Consumer Product Safety Commission, which administers this statute,
adopted a policy statement on animal testing “intended to minimize the number of
animals tested and to reduce the pain associated with such tests.” The statement
notes “that neither the FHSA nor the Commission’s regulations require any firm to
perform animal tests,” although it adds that “animal testing may be necessary in some
cases.” 49 Fed. Reg. 22522 (May 30, 1984).
Federal Law Enforcement Animal Protection Act of 2000, 18
U.S.C. § 1368

This statute makes it a crime “willfully and maliciously” to harm a dog or horse
used by a federal agency in law enforcement.
Fish and Wildlife Conservation Act, 16 U.S.C. §§ 2901-2912
This statute authorizes the Secretary of the Interior to approve state conservation
plans for “nongame fish and wildlife,” which are defined as “wild vertebrate animals
that are in an unconfined state and that — (A) are not ordinarily taken for sport, fur,
or food ...; (B) are not listed as endangered species or threatened species ... and (C)
are not marine mammals....” A 1988 amendment (adding 16 U.S.C. § 2912) requires
the Secretary to undertake research and conservation activities concerning population
trends of, and the effects of environmental changes and human activities on,
“migratory nongame birds.”
Fish And Wildlife Coordination Act, 16 U.S.C. §§ 661-667d
This statute authorizes the Secretary of the Interior:
to provide assistance to, and cooperate with, Federal, State, and public or private
agencies and organizations in the development, protection, rearing, and stocking
of all species of wildlife, resources thereof, and their habitat, and in controlling
losses of the same from disease or other causes, in minimizing damages from
overabundant species, in providing public shooting and fishing areas....
Fishery Conservation Amendments of 1990, P.L. 101-627
In addition to containing numerous amendments of the Magnuson Fishery
Conservation and Management Act and the Atlantic Tunas Convention Act of 1975,
this statute includes the Dolphin Protection Consumer Information Act, which this
report summarizes separately.
Food, Agriculture, Conservation, and Trade Act of 1990, 7
U.S.C. § 5801(a)(5)

This statute funds “research designed to increase our knowledge concerning
agricultural production systems that” serve six specified purposes, one of which is
to “promote the well being of animals.”

CRS-13
Fur Seal Act of 1966, 16 U.S.C. §§ 1151-1175
This statute prohibits the “taking” (defined as to “harass, hunt, capture, or kill”)
of fur seals in the North Pacific Ocean or on any lands or waters under the
jurisdiction of the United States, or to engage in commerce in fur seals’ skins taken
contrary to the act or the Interim Convention on the Conservation of North Pacific
Fur Seals.
The act contains an exception allowing taking by “Indians, Aleuts, and Eskimos
who dwell on the coasts of the North Pacific Ocean,” and authorizes the Secretary of
Commerce to permit taking for “educational, scientific, or exhibition purposes.” The
act also directs the Secretary to administer the fur seal rookeries on the Pribilof
Islands to “ensure that activities on such Islands are consistent with the purposes of
conserving, managing, and protecting the North Pacific fur seals and other
wildlife....” The 1983 amendments to the act repealed the Protection of Sea Otters
on the High Seas Act, formerly 16 U.S.C. §§ 1171-1172, as unnecessary because of
the enactment of the Marine Mammal Protection Act of 1972.
Great Ape Conservation Act of 2000, P.L. 106-411
This statute “established in the Multinational Species Conservation Fund a
separate account to be known as the ‘Great Ape Conservation Fund.’” The Secretary
of the Interior shall use the fund for projects that he approves for the conservation of
great apes.
High Seas Fishing Compliance Act of 1995, 16 U.S.C.
§§ 5501-5509

The purpose of this statute is “(1) to implement the Agreement to Promote
Compliance with International Conservation and Management Measures by Fishing
Vessels on the High Seas..., and (2) to establish a system of permitting, reporting, and
regulation for vessels of the United States fishing on the high seas.”
Horse Protection Act, 15 U.S.C. §§ 1821-1831
This statute makes it a crime to exhibit, or transport for the purpose of
exhibition, any “sore” horse, which is a horse whose feet have been injured in order
to alter the horse’s gait. The Secretary of Agriculture is authorized to enforce the act.
Humane Slaughter Act, 7 U.S.C. §§ 1901-1906
The central provision of this statute reads:
No method of slaughter or handling in connection with slaughtering shall be
deemed to comply with the public policy of the United States unless it is humane.
Either of the following two methods of slaughtering and handling are hereby
found to be humane:

CRS-14
(a) in the case of cattle, calves, horses, mules, sheep, swine, and other
livestock, all animals are rendered insensible to pain by a single blow
or gunshot or an electrical, chemical or other means that is rapid and
effective, before being shackled, hoisted, thrown, cast, or cut; or
(b) by slaughtering in accordance with the ritual requirements of the
Jewish faith or any other religious faith that prescribes a method of
slaughter whereby the animal suffers loss of consciousness by anemia
of the brain caused by the simultaneous and instantaneous severance
of the carotid arteries with a sharp instrument and handling in
connection with such slaughtering.
The Humane Slaughter Act is enforced by the Secretary of Agriculture under
provisions of the Federal Meat Inspection Act, 21 U.S.C. §§ 603(b), 610(b), 620(a).
It does not apply to chickens or other birds.
ICCVAM Authorization Act of 2000, P.L. 106-545
This statute provides that the Interagency Coordinating Committee on the
Validation of Alternative Methods (ICCVAM) shall, among other things, “[r]eview
and evaluate new or revised or alternative test methods,” and “[f]acilitate appropriate
interagency and international harmonization of acute or chronic toxicological test
protocols that encourage the reduction, refinement, or replacement of animal test
methods.”
The ICCVAM was established by the Director of the National Institute of
Environmental Health Sciences pursuant to section 463A(b) of the Public Health
Services Act (NIEHS), 42 U.S.C. § 285l-1(b). The ICCVAM Authorization Act of
2000 requires the Director of the NIEHS to designate the ICCVAM “as a permanent
interagency coordinating committee of the Institute [the NIEHS] under the National
Toxicology Program Interagency Center for the Evaluation of Alternative
Toxicological Methods.” The new act also provides that the ICCVAM shall be
composed of the heads (or their designees) of 15 named federal agencies plus “[a]ny
other agency that develops, or employs tests or test data using animals, or regulates
on the basis of the use of animals in toxicity testing.”
International Dolphin Conservation Act, P.L. 105-42
This statute amended the Marine Mammal Protection Act of 1972, the Dolphin
Protection Consumer Information Act, and the Tuna Conventions Act of 1950, all
discussed in this report.10
10 See, Kristin L. Stewart, Dolphin-Safe Tuna: The Tide is Changing, 4 Animal Law 111
(1998).

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Lacey Act, 18 U.S.C. §§ 41-47 (see also Animal Enterprise
Protection Act of 1992)

This statute makes it a crime to (1) willfully disturb or kill any bird, fish, or wild
animal, or take or destroy the eggs or nest of any bird or fish, on any lands or waters
set apart or reserved under federal law as sanctuaries, refuges, or breeding grounds
for such birds, fish, or animals; (2) import species of wild animals, wild birds, fish
(including mollusks and crustacea), amphibians, reptiles, or the offspring or eggs or
any of the foregoing which the Secretary of the Interior prescribes by regulation to
be injurious to human beings or to the interests of agriculture, horticulture, forestry,
or wildlife, except that the Secretary may permit importation for zoological,
education, medical, or scientific purposes; (3) trap, capture, shoot, kill, possess, or
detain a carrier pigeon owned by the United States or bearing a band owned and
issued by the United States; or (4) use an aircraft or a motor vehicle to hunt, or to
pollute a watering hole of, any wild unbranded horse, mare, colt, or burro running at
large on any public land or ranges.
Lacey Act Amendments of 1981, 16 U.S.C. §§ 3371-3378
This statute, as amended in 1988, makes it unlawful to engage in commerce in
any fish or wildlife or plant taken, possessed, transported, or sold in violation of any
treaty, or any federal or state law or regulation, or any Indian tribal law. This statute
was amended by the Captive Wildlife Safety Act, P.L. 108-191 (2003), to cover
“prohibited wildlife species,” which it defines as “any live species of lion, tiger,
leopard, cheetah, jaguar, or cougar or any hybrid of such species.” The Captive
Wildlife Safety Act, however, “does not apply to any licensed, registered, and
federally inspected exhibitor (zoos, circuses, etc.) or research facility. It also exempts
sanctuaries, humane societies, animal shelters, or societies for the prevention of
cruelty to animals that meet specified criteria.”11
Magnuson-Stevens Fishery Conservation and Management
Act, 16 U.S.C. §§ 1801-1883

This statute provides that, except with respect to highly migratory species of
fish, “the United States claims, and will exercise in the manner provided for in this
act, sovereign rights and exclusive fishery management authority over all fish, and
all Continental Shelf fishery resources....” 16 U.S.C. § 1811(a). See also, “Shark
Finning Prohibition Act.”
Marine Mammal Protection Act of 1972, 16 U.S.C. §§ 1361-
1421h

This statute imposes a moratorium on the taking (“take” means “harass, hunt,
capture, or kill”) and importation of all marine mammals or their products, except
that the Secretary of Commerce or Interior (depending on the type of animal) may
grant permits to allow taking and importation (1) for scientific research and public
11 S.Rept. 108-172, 108th Cong., 1st sess. 3 (2003).

CRS-16
display, (2) incidentally, in the course of commercial fishing, and (3) “in accord with
sound principles of resource protection and conservation.” The act also makes it
unlawful, except pursuant to a permit for scientific research, to import a marine
mammal that is (1) pregnant, (2) nursing or less than eight months old, (3) taken from
a species or population stock designated by the Secretary as depleted, or (4) taken in
a manner deemed inhumane by the Secretary.
The act also establishes a Marine Mammal Commission whose duties include
undertaking studies and making recommendations as to the protection and
conservation of marine mammals. 16 U.S.C. §§ 1401-1402.
An exception to the Marine Mammal Protection Act of 1972 authorizes the
Secretary of Defense to “authorize the taking of not more than 25 marine mammals
[not a member of an endangered or threatened species] each year for national defense
purposes. Any such authorization may be made only with the concurrence of the
Secretary of Commerce after consultation with the Marine Mammal Commission....”
10 U.S.C. § 7524.
In 1988, P.L. 100-711 added “a number of provisions to the act for the specific
purpose of reducing the morality [sic] of porpoise in the course of fishing for
yellowfin tuna in the ETP [Eastern Tropical Pacific].”12
In 1992, Congress added two new laws to the Marine Mammal Protection Act
of 1972. P.L. 102-523 added the International Dolphin Conservation Act of 1992,
“to prohibit certain tuna harvesting practices.” P.L. 102-587, Title III, added the
Marine Mammal Health and Stranding Response Act, which directed the
establishment of the Marine Mammal Health and Stranding Response Program, the
purpose of which is to collect data on marine mammal health and to coordinate
effective responses to unusual mortality events by establishing a process in the
Department of Commerce.
The Marine Mammal Protection Act Amendments of 1994, P.L. 103-238, was
intended “to improve the program to reduce the incidental taking of marine mammals
during the course of commercial fishing operations, and for other purposes....”
S.Rept. 103-220, 103rd Cong., 2nd sess. (1994). The 1994 statute, among other things,
amended 16 U.S.C. § 1374 to authorize the Secretary of Commerce to issue permits
“for the importation of polar bear parts (other than internal organs) taken in sport
hunts in Canada,” but required the Secretary to “undertake a scientific review of the
impact of [such] permits ... on the polar bear population stocks in Canada within 2
years....” 108 Stat. 539 (1994).
The 1994 statute also amended 16 U.S.C. § 1374 to provide that the Secretary
of Commerce may issue permits “to take or import a marine mammal for the purpose
of public display only to a person which the Secretary determines ... is registered or
holds a license issued under” the Animal Welfare Act. The effect of this provision
apparently is that the Department of Agriculture rather than the National Marine
12 H.Rept. 100-970, 100th Cong., 2nd sess. 29 (1988); reprinted in 1988 U.S. Code Cong. &
Ad. News 6170.

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Fisheries Service is authorized to regulate such marine mammals once they are held
in captivity. 108 Stat. 537 (1994).13
In 1997, the International Dolphin Conservation Act, P.L. 105-42, amended
various provisions of the Marine Mammal Protection Act of 1972.
Marine Plastic Pollution Research and Control Act of 1987,
P.L. 100-220, Title II

This statute amended the act to Prevent Pollution from Ships, 33 U.S.C.
§§ 1901-1915, to, among other things, direct the Environmental Protection Agency,
in consultation with the Secretary of Commerce, to study “improper disposal
practices and associated specific plastic articles that occur in the environment with
sufficient frequency to cause death or injury to fish or wildlife.”
Marine Protection, Research, And Sanctuaries Act of 1972, 16
U.S.C. §§ 1431-1445b

This statute authorizes the Secretary of Commerce to designate national marine
sanctuaries.
Marine Turtle Conservation Act of 2004, 16 U.S.C. §§ 6601-
6607

This statute states that its purpose “is to assist in the conservation of marine
turtles and the nesting habitats of marine turtles in foreign countries by supporting
and providing financial resources for projects to converse the nesting habitats,
conserve marine turtles in those habitats, and address other threats to the survival of
marine turtles.”
Migratory Bird Conservation Act, 16 U.S.C. §§ 715-715s
This statute authorizes the Secretary of the Interior to purchase or rent such
areas as have been approved for purchase or rental by the Migratory Bird
Conservation Commission “which he determines to be suitable for use as an inviolate
sanctuary, or for any other management purpose, for migratory birds.”
Multinational Species Conservation Fund, 16 U.S.C. § 4246
This fund was created in 1998 to carry out the African Elephant Conservation
Act, the Asian Elephant Conservation Act, and the Rhinoceros and Tiger
13 This provision was opposed by animal rights advocates, who took the position that
“NMFS has years of experience in monitoring this act, as well as other marine mammal
issues. In contrast, the USDA has lacked both the commitment and ability to protect animals
under the federal Animal Welfare Act.” Animal Legal Defense Fund, The Animals’
Advocate
(spring 1994) at 2.

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Conservation Act. Separate accounts in the fund were established as the Neotropical
Migratory Bird Conservation Account, and the Great Ape Conservation Fund.
National Agricultural Research, Extension, and Teaching
Policy Act of 1977, 7 U.S.C. §§ 3191-3201

This statute is designed to promote “the improved health and productivity of
domestic livestock, poultry, aquatic animals, and other income-producing animals
that are essential to food supply of the United States and the welfare of producers and
consumers of animal products.” 7 U.S.C. § 3191, as amended by P.L. 104-127
(1996), § 810. It was amended in 1990 to require the Secretary of Agriculture to
commission the National Academy of Sciences “to conduct a study of the delivery
system utilized to provide farmers ... and ranchers with animal care and veterinary
medical services, including animal drugs.” The study shall assess opportunities to,
among other things, “advance the well-being and treatment of farm animals.” 7
U.S.C. § 3193.14
P.L. 104-127 (1996), § 812, amended 7 U.S.C. § 3196(c) to provide:
In order to establish a rational allocation of funds appropriated under this
section, the Secretary shall establish annual priority lists of animal health and
disease, food safety, and animal well-being problems of national or regional
significance.... In establishing such priorities, the Secretary, the Joint Council,
the Advisory Board, and the Board shall consider the following factors: ... (3)
issues of animal well-being related to production methods that will improve the
housing and management of animals to improve the well-being of livestock
production species.
National Fish and Wildlife Foundation Establishment Act, 16
U.S.C. §§ 3701-3709

This statute created the National Fish and Wildlife Foundation as a nonprofit
corporation to, among other things, “encourage, accept and administer private gifts
of property for the benefit of, or in connection with, the activities and services of the
United States Fish and Wildlife Service....”
National Housing Act, 12 U.S.C. § 1701r-1
A 1983 amendment to this statute prohibits owners or managers of federally
assisted rental housing for the elderly or handicapped to (1) as a condition of tenancy
or otherwise, prohibit, or prevent tenants from keeping “common household pets,”
or (2) restrict or discriminate against any person in connection with admission to, or
14 This statute also required the Secretary to establish the Animal Health Science Research
Advisory Board, which expired September 30, 1995. It was directed to advise the Secretary
with respect to the implementation of animal health and disease research programs, and was
required to have twelve members, one of whom had to be a “person representing an
organization concerned with the general protection and well-being of animals.” 7 U.S.C.
§ 3194.

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continued occupancy of, such housing by reason of the presence of such pets. The
Secretary of Housing and Urban Development and the Secretary of Agriculture are
authorized to issue regulations establishing guidelines under which housing owners
or managers may prescribe reasonable rules for the keeping of pets, including
restricting pet size and types of pets.15 Owners or managers may require the removal
of pets “duly determined” to constitute a nuisance or a threat to health or safety.
P.L. 105-276, § 526 (1998), added a new § 31 to the United States Housing Act
of 1937, 42 U.S.C. § 1437z-3, which extended the right to keep common household
pets to residents of all public housing, not only to residents of public housing
designated for the elderly or handicapped. (The right to keep pets in federally
assisted rental housing for the elderly or handicapped remains under the National
Housing Act.) The new provision took effect August 9, 2000. 24 C.F.R. Part 960.
National Wildlife Refuge System Administration Act of 1966,
16 U.S.C. §§ 668dd-668ee

This statute established the National Wildlife Refuge System, which is admin-
istered by the Secretary of the Interior through the United States Fish and Wildlife
Service. The purpose of the System is to “consolidat[e] the authorities relating to the
various categories of areas that are administered by the Secretary of the Interior for
the conservation of fish and wildlife....”
Neotropical Migratory Bird Conservation Act, 16 U.S.C.
§§ 6101-6109

This statute “established in the Multinational Species Conservation Fund of the
Treasury a separate account to be known as the ‘Neotropical Migratory Bird
Conservation Account.’” The fund is to be used for a program, established by the
Secretary of the Interior, “to provide financial assistance for projects to promote the
conservation of neotropical migratory birds.”
Nonindigenous Aquatic Nuisance Prevention and Control Act
of 1990, 16 U.S.C. §§ 4701-4751

This statute is intended “to prevent unintentional introduction and dispersal of
nonindigenous species into waters of the United States through ballast water
management and other requirements.” The statute finds that nonindigenous species,
such as the zebra mussel, if left uncontrolled, would disrupt the economy and “the
diversity and abundance of native fish.”
North Pacific Anadromous Stocks Act of 1992, 16 U.S.C.
§§ 5001-5012

This statute authorizes the Secretary of Commerce to enforce the Convention
for the Conservation of Anadromous Stocks in the North Pacific Ocean.
15 Regulations under this section are published at 24 C.F.R. §§ 5.300-5.380.

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Northern Pacific Halibut Act of 1982, 16 U.S.C. §§ 773-773k
This statute authorizes the Secretary of Commerce to enforce the Convention
between the United States of America and Canada for the preservation of the Halibut
Fishery of the Northern Pacific Ocean and Bering Sea.
Northwest Atlantic Fisheries Convention Act of 1995, 16 U.S.C.
§§ 5601-5610

This statute implements the Northwest Atlantic Fisheries Convention.
Pacific Salmon Treaty Act of 1985, 16 U.S.C. §§ 3631-3645
This statute implements a treaty between the United States and Canada, the
purposes of which were to “prevent overfishing and provide for optimum
production” and to “provide for each Party to receive benefits equivalent to the
production of salmon originating in its waters.” The act repealed the Sockeye
Salmon or Pink Salmon Fishing Act of 1947, formerly 16 U.S.C. §§ 776-776f.
Partnerships for Wildlife Act, 16 U.S.C. §§ 3741-3744
“The purposes of this title are to establish a partnership among the United States
Fish and Wildlife Service, designated State agencies, and private organizations and
individuals — (1) to carry out wildlife conservation and appreciation projects....” 16
U.S.C. § 3742.
Pets Evacuation and Transportation Standards Act of 2006,
42 U.S.C. §§ 5170b(a)(3)(J), 5196(e)(4), 5196(j)(2), 5196b(g)

This statute (P.L. 109-308) amended the Robert T. Stafford Disaster and
Emergency Assistance Act to authorize federal disaster assistance in the “rescue,
care, shelter, and essential needs” of “household pets and service animals”; to
authorize the Director of the Federal Emergency Management Agency (FEMA) to
develop “plans that take into account the needs of individuals with pets and service
animals prior to, during, and following a major disaster or emergency”; to authorize
the Director of FEMA to “make financial contributions ... to the States and local
authorities for animal emergency preparedness purposes, including the procurement,
construction, leasing, or renovating of emergency shelter facilities...; and to require
the Director of FEMA, “[i]n approving standards for State and local emergency
preparedness operational plans..., [to] ensure that such plans take into account the
needs of individuals with household pets and service animals prior to, during, and
following a major disaster or emergency.”
Pittman-Robertson Wildlife Restoration Act, 16 U.S.C. §§ 669-
669i

Also known as the “Federal Aid in Wildlife Restoration Act,” this statute
authorizes the Secretary of the Interior to cooperate with the states, through their

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respective fish and game departments, in wildlife restoration projects, which are
defined as the “selection, restoration, rehabilitation, and improvement of areas of
land or water adaptable as feeding, resting, or breeding places for wildlife.” This
statute was amended by the Wildlife and Sport Fish Restoration Programs
Improvement Act of 2000, discussed below.
Public Health Service Act
Section 404C of this statute, 42 U.S.C. § 283e, directs the Director of the
National Institutes of Health (NIH), by October 1, 1993, to prepare a plan for the NIH
to conduct or support research into methods of biomedical research and
experimentation that do not require the use of animals, that reduce the number of
animals used, that produce less pain and distress in animals used, and that involve the
use of marine life other than marine mammals.
Section 495 of this statute, 42 U.S.C. § 289d, directs the Secretary of Health and
Human Services, acting through the Director of the NIH, to establish guidelines for
research facilities as to the proper care and treatment of animals, including the
appropriate use of tranquilizers, analgesics, and the like; but such guidelines may not
prescribe methods of research. Entities that conduct biomedical and behavioral
research with NIH funds must establish animal care committees which must conduct
reviews at least semi-annually and report to the Director of NIH at least annually. If
the Director determines that an entity has not been following the guidelines, he must
give it an opportunity to take corrective action, and, if it does not, suspend or revoke
its grant or contract.16
Recreational Hunting Safety and Preservation Act of 1994, 16
U.S.C. §§ 5201-5207

This statute makes it a violation, subject to a civil penalty of up to $10,000,
“intentionally to engage in any physical conduct that significantly hinders a lawful
hunt ... on Federal lands.” The conference report states that, to be a violation, “the
conduct must be intentional, and must be done with the intention of significantly
16 Another section of the act, enacted in 1985 and repealed in 1988, authorized the Secretary
to make grants to schools of veterinary medicine for “the development of curricula for
training in the care of animals used in research, the treatment of animals while being used
in research, and the development of alternatives to the use of animals in research....” P.L.
99-129, § 217(e) (1985), 42 U.S.C. § 295g-8(f); recodified by P.L. 99-660, § 601(a) (1986),
as 42 U.S.C. § 295g-8(g); repealed by P.L. 100-607, § 613(a) (1988).
Yet another section, enacted in 1986 and repealed in 1992, directed the Administrator of the
Alcohol, Drug Abuse, and Mental Health Administration to establish guidelines for the
following: “(1) The proper care of animals to be used in research conducted by and through
agencies of the Administration, (2) The proper treatment of animals while being used in
research ... (3) The organization and operation of animal care committee[s] [to assure
compliance with the guidelines].” 42 U.S.C. § 290aa-10(a) (P.L. 99-570, § 420 (1986);
repealed by P.L. 102-321, § 120(a) (1992)).

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hindering a lawful hunt.”17 The statute also authorizes injunctive relief against
violations.
The conference report gives examples of violations of the statute, including
“using visual, aural, olfactory, or physical stimuli to affect wildlife behavior.” Ibid.
This suggests the possibility that a court could construe mere words addressed to a
hunter as “physical conduct,” if such words affected wildlife behavior (or a hunter’s
concentration) so as significantly to hinder a hunt. This apparently would not violate
the First Amendment’s guarantee of freedom of speech, provided that the statute’s
civil penalty were imposed on the speaker for the effect of the sound of his words and
not for their content. The statute states that “[t]he term ‘conduct’ does not include
speech protected by the first article of amendment to the Constitution” (the statute
does not otherwise define “conduct” or “physical conduct”), but this of course would
go without saying, as Congress cannot punish speech that is protected by the First
Amendment.
Rehabilitation Act of 1973: See Americans with Disabilities
Act

Rhinoceros and Tiger Conservation Act of 1994, 16 U.S.C.
§§ 5301-5306

This statute created the Rhinoceros and Tiger Conservation Fund “to provide
financial assistance for projects for the conservation of rhinoceros and tigers.”
Salmon and Steelhead Conservation and Enhancement Act
of 1980, 16 U.S.C. §§ 3301-3345

This statute authorizes the establishment of a cooperative program involving the
United States, the States of Washington and Oregon, and Indian Tribes, to
“encourage stability in and promote the economic well being” of commercial fishing
through “coordinated research, enhancement, and management of salmon and
steelhead resources and habitat.”
Shark Finning Prohibition Act, P.L. 106-557 (2000)
This statute amended the Magnuson-Stevens Fishery Conservation and
Management Act by adding 16 U.S.C. § 1857(1)(P) to make it unlawful “to remove
any of the fins of a shark (including the tail) and discard the carcass of the shark at
sea.” It also requires the Secretary of Commerce, acting through the Secretary of
State, to, among other things, “initiate discussions as soon as possible for the purpose
of developing bilateral or multilateral agreements with other nations for the
prohibition of shark-finning.”
17 H.Rept. 103-711, 103rd Cong., 2nd sess. (1994); reprinted in 1994 U.S. Code Cong. & Ad.
News 1874.

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Shipping Code, 46 U.S.C. §§ 3901-3902
This statute authorizes the Secretary of Agriculture to “prescribe regulations
governing accommodations on board vessels for cattle, horses, mules, asses, sheep,
goats, and swine to be carried from the United States to a foreign country. The
regulations shall prescribe standards for space, ventilation, fittings, food and water
supply, and other requirements the Secretary of Agriculture considers necessary for
the safe and proper transportation and humane treatment of those animals.”
Sikes Act, 16 U.S.C. §§ 670a-670o
This statute authorizes the Secretary of Defense
to carry out a program of planning for, and the development, maintenance and
coordination of, wildlife, fish, and game conservation and rehabilitation in each
military reservation in accordance with a cooperative plan mutually agreed upon
by the Secretary of Defense, the Secretary of Interior, and the appropriate State
agency designated by the State in which the reservation is located.
South Pacific Tuna Act of 1988, 16 U.S.C. §§ 973-973r
This statute implements the Treaty on Fisheries Between the Governments of
Certain Pacific Island States and the Government of the United States, signed April
2, 1987.
Tariff Act of 1930, 19 U.S.C. § 1527
This section of the Tariff Act of 1930 (also known as the Hawley-Smoot Tariff
Act and the Smoot-Hawley Act) prohibits the importation into the United States of
any wild mammal or bird, alive or dead, or any part of product of any wild mammal
or bird, if the laws or regulations of the country where the wild mammal or bird lives
restrict its “taking, killing, possession, or exportation to the United States,” unless the
wild mammal or bird is accompanied by a certification of the U.S. consul that it “has
not been acquired or exported in violation of the laws of regulations of such
country....”
Any mammal or bird, alive or dead, or any part of product thereof, imported into
the U.S. in violation of the above shall be subject to seizure and forfeiture under the
customs laws. The Tariff Act of 1930 does not apply in the case of (1) articles the
importation of which is prohibited by any other law, including 18 U.S.C. § 42(a) (the
Lacey Act), (2) articles imported for scientific or educational purposes, or are
migratory, or (3) certain migratory game birds.
Tuna Conventions Act of 1950, 16 U.S.C. §§ 951-962
This statute prohibits fishing in violation of any regulation adopted by the
Secretary of Commerce pursuant to the Convention for the Establishment of an Inter-
American Tropical Tuna Commission, and prohibits commerce in fish taken in
violation of such regulations.

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Twenty-Eight Hour Law, 49 U.S.C. § 80502
Prior versions of this law were enacted in 1873 (Ch. 252, 42d Cong., 17 Stat.
584, R.S. §§ 4386-4389) and 1906 (Ch. 3594, 59th Cong., 34 Stat. 607). The 1906
law was repealed and reenacted in amended form (but “without substantive
change”18) in 1994 by P.L. 103-272. (It was previously codified at 45 U.S.C. §§ 71-
74.) It is also known as the “Cruelty to Animals Act,” the “Live Stock
Transportation Act,” and the “Food and Rest Law.” As amended in 1994, it provides
that “a rail carrier, express carrier, or common carrier (except by air or water), a
receiver, trustee, or lessee of one of those carriers, or an owner or master of a vessel
transporting animals” across state lines, “may not confine animals in a vehicle or
vessel for more than 28 consecutive hours without unloading the animals for feeding,
water, and rest.”
It also provides that “[a]nimals being transported shall be unloaded in a humane
way into pens equipped for feeding, water, and rest for at least 5 consecutive hours.”
The statute “does not apply when animals are transported in a vehicle or vessel in
which the animals have food, water, space, and an opportunity for rest.”
The 28-hour period is subject to the following exceptions:
Sheep may be confined for an additional 8 consecutive hours without being
unloaded when the 28-hour period of confinement ends at night. Animals may
be confined for — (A) more than 28 hours when the animals cannot be unloaded
because of accidental or unavoidable causes that could not have been anticipated
or avoided when being careful; and (B) 36 consecutive hours when the owner or
person having custody of animals being transported requests, in writing and
separate from a bill of lading or other rail form, that the 28-hour period be
extended to 36 hours.
The Twenty-Eight Hour Law is enforced by the Attorney General, who, “[o]n
learning of a violation ... shall bring a civil action” to collect a penalty of at least
$100 but not more than $500 for each violation. The statute does not provide for
criminal penalties. The statute does not mention any federal agency or official
besides the Attorney General, but its 1906 version provided, “It shall be the duty of
all U.S. Attorneys to prosecute all violations of this Act reported by the Secretary of
Agriculture,” and, as noted above, the 1994 amendment was intended to be “without
substantive change” to the 1906 version. In addition, in 1963, the USDA issued
regulations under the act that remain in effect. 9 C.F.R. §§ 89.1-89.5. Therefore, it
appears that the USDA continues to play a role in enforcing the act.
In 2006, noting “that the plain meaning of the statutory term ‘vehicle’ in the
Twenty-Eight Hour Law includes ‘trucks’ which operate as express carriers or
common carriers,” the USDA decided for the first time to interpret the act to include
18 H.Rep’t 103-180, 103rd Cong., 2nd sess. (1994) at 1; reprinted in 1994 U.S. Code Cong. &
Ad. News 818.

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the transportation of animals by trucks.19 In the same document in which it
announced this decision, the USDA noted: “The Twenty-Eight House Law was never
construed as being applicable to poultry, and ... USDA does not intend to change this
longstanding interpretation of the statute.”
United States Housing Act of 1937: See National Housing Act
Wendell H. Ford Aviation Investment and Reform Act for the
21st Century, 49 U.S.C. § 41721

This statute, enacted April 5, 2000, requires air carriers that provide scheduled
passenger air transportation to submit monthly reports to the Secretary of
Transportation on any incidents involving the loss, injury, or death of an animal. The
statute requires the Secretary to publish this data in a manner comparable to other
consumer complaint and incident data.
Whale Conservation And Protection Study Act, 16 U.S.C.
§§ 917-917d

This statute directs the Secretary of Commerce to “undertake comprehensive
studies of all whales found in waters subject to the jurisdiction of the United States.”
Whaling Convention Act of 1949, 16 U.S.C. §§ 916-916l
This statute prohibits whaling and commerce in whale products in violation of
the International Whaling Convention for the Regulation of Whaling or in violation
of any regulation of the International Whaling Commission or the Secretary of
Commerce.
Wild Bird Conservation Act of 1992, 16 U.S.C. §§ 4901-4916
The purpose of this act is to promote the conservation of exotic birds by
assisting wild bird conservation and management programs in the countries of origin
of wild birds, and limiting the importation of exotic birds.
Wild Free-Roaming Horses and Burros Act, 16 U.S.C.
§§ 1331-1340

This statute makes it a crime, with respect to any wild free-roaming horse or
burro, to (1) remove it from the public lands without authority from the Secretary of
the Interior or Agriculture (depending on the public land), (2) convert it to private
use, without authority from the Secretary, (3) maliciously cause its death or
harassment, (4) process its remains into commercial products, or (5) sell it if it is
maintained on private or leased land.
19 Letter from W. Ron DeHaven, Administrator, to Peter A. Brandt, Esq., The Humane
Society of the United States (Sept. 22, 2006).

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Wildlife and Sport Fish Restoration Programs Improvement
Act of 2000, P.L. 106-408, Title I

This statute amends the Pittman-Robertson Wildlife Restoration Act to
authorize firearm and bow hunter education and safety program grants, and to
establish a multistate conservation grant program. Grants under the latter may not
be used “for an activity, project, or program that promotes or encourages opposition
to the regulated hunting or trapping of wildlife” (§ 113).
This statute also amends the Dingell-Johnson Sport Fish Restoration Act to
establish a multistate conservation grant program, grants under which may not be
used “for an activity, project, or program that promotes or encourages opposition to
the regulated taking of fish” (§ 122).
Yukon River Salmon Act of 1995, 16 U.S.C. §§ 5701-5709
This statute implements “the interim agreement for the conservation of salmon
stocks originating from the Yukon River in Canada....”