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H.R. 2308 (111th): Sportsmanship in Hunting Act of 2009


The text of the bill below is as of May 7, 2009 (Introduced).


I

111th CONGRESS

1st Session

H. R. 2308

IN THE HOUSE OF REPRESENTATIVES

May 7, 2009

(for himself, Mr. Whitfield, and Mr. Sherman) introduced the following bill; which was referred to the Committee on the Judiciary

A BILL

To amend title 18, United States Code, to prohibit certain interstate conduct relating to exotic animals and certain computer-assisted remote hunting, and for other purposes.

1.

Short title

This Act may be cited as the Sportsmanship in Hunting Act of 2009.

2.

Transport or possession of exotic animals for purposes of killing or injuring them

(a)

In general

Chapter 3 of title 18, United States Code, is amended by adding at the end the following:

49.

Exotic animals

(a)

Captive exotic animals

Whoever, in or affecting interstate or foreign commerce, knowingly transfers, transports, or possesses a confined exotic animal, for the purposes of allowing the killing or injuring of that animal for entertainment or for the collection of a trophy, shall be fined under this title, imprisoned not more than 1 year, or both.

(b)

Computer-assisted remote hunting

Whoever, using any instrumentality of interstate or foreign commerce, knowingly makes available a computer-assisted remote hunt shall be fined under this title or imprisoned not more than 5 years, or both.

(c)

Exception

Providing an instrumentality of commerce, such as equipment or access to the Internet, is not a violation of subsection (b) unless the provider has knowledge that the equipment or access is to be used for a computer-assisted remote hunt.

(d)

Definitions

In this section—

(1)

the term confined exotic animal means a mammal of a species not indigenous to the United States that has been held in captivity—

(A)

the majority of the animal’s life; or

(B)

a continuous period of 1 year;

(2)

the term captivity does not include any period during which an animal lives as it would in the wild—

(A)

surviving primarily by foraging for naturally occurring food;

(B)

roaming at will over an open area of not less than 1,000 acres; and

(C)

having the opportunity to avoid hunters;

(3)

the term computer-assisted remote hunt means any use of a computer or other device, equipment, or software to allow a person remotely to control the aiming and discharge of a weapon so as to kill or injure an animal while not in the physical presence of the targeted animal; and

(4)

the term instrumentality of interstate commerce means any written, wire, radio, television, or other form of communication in, or using a facility of, interstate commerce.

(e)

Construction with other law

Nothing in this section limits the power of State and local authorities to enact laws or regulations concerning computer-assisted remote hunting facilities.

.

(b)

Conforming amendment

The table of sections at the beginning of chapter 3 of title 18, United States Code, is amended by adding at the end the following new item:

49. Exotic animals.

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