Prohibition on the Movement of Fighting Birds:
Proposed Amendment to the Animal Welfare Act

In the 107th Congress, Senator Wayne Allard (R-CO) and Rep. Collin Peterson (D-7-MN) re-introduced S. 345 and H.R. 1155 that would prohibit all interstate movement of live birds for the purpose of fighting. This amendment closes an important loophole that currently permits interstate movement of live birds for the purpose of fighting to states in which cockfighting is lawful.

Background:
Only three states (Louisiana, Oklahoma, and parts of New Mexico) allow any legal cockfighting. While S. 345 and H.R. 1155 would not outlaw cockfighting in those states where it is currently legal, it would prevent the shipment of live birds into those states for fighting purposes. Currently, cockfighters in states where the activity is illegal are able to circumvent the law and avoid prosecution by claiming that they are strictly raising these birds to be shipped to states where cockfighting is legal.

AVMA Position on Animal Fighting:
This legislation is consistent with the AVMA policy, which states:

The AVMA supports laws against the use and/or transport of domestic or foreign animals for fighting ventures. Further, the AVMA recommends that animal fighting be considered a felony offense.

Importance of S. 345 and H.R. 1155:
In order to effectively enforce the Animal Welfare Act's prohibition on the shipment of live animals for the purpose of fighting, as well as enforce state and federal laws that prohibit cockfighting, this legislation to amend Section 26 of the Animal Welfare Act (7 U.S.C) must be passed. This amendment also helps to ensure the welfare and humane treatment of animals by closing the loophole that allows cockfighters to avoid prosecution in states that have cockfighting bans. Presently, cockfighters circumvent this law by claiming to ship these birds to states where cockfighting is legal. Therefore, S. 345 and H.R. 1155 would allow states that have cockfighting bans to more effectively enforce their state laws.

Bill Summary:

• This amendment would simply repeal the loophole in the current Animal Welfare Act
• It would not add any other language or additional prohibitions to the Act
• The U.S. Department of Agriculture would not be given any new responsibilities
• There are no costs associated with this change
• No additional restrictions would be placed on the fighting of birds in Louisiana, Oklahoma, and New Mexico where the practice is currently legal
• Shipping live birds across state lines would be prohibited for the purpose of fighting, allowing adequate enforcement of cockfighting bans in the 47 states where cockfighting is illegal

What Can You Do?
Co-sponsors are needed for H.R. 1155. Write, fax, or call your Representatives asking them to show their support of the bill by signing on as co-sponsors to this legislation. This is especially important for members of the Agriculture Committee.

Support for S. 345 is also needed and you can write, fax, or call your Senators asking for them to sign on as co-sponsors. This is especially important for members on the Committee for Agriculture, Nutrition, and Forestry.

For more information, contact Dr. Dean Goeldner, Assistant Director for the American Veterinary Medical Association's Governmental Relations Division at (800) 321-1473 ext. 625 or e-mail dgoeldner@avma.org

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