By Kellie Moran
Question: When is a law just a law? Answer: When its
penalties don't intimidate criminals.
Take, as just one example, the Animal Welfare Act (AWA),
which was amended in 2002 to close loopholes in the federal ban
on interstate shipment and foreign export of fighting animals.
(These changes took effect in May 2003.) Unfortunately, during
the House-Senate conference on the 2002 Farm Bill, conferees
decided to strip the amendment of its felony-level penalties,
giving the new law little bite. While those convicted under the
misdemeanor-level law face fines up to $15,000 and sentences up
to one year, the penalties aren't tough enough to scare
cockfighters or dogfighters out of the business. And if
prosecutors can't shut down an operation, they are often loath
to waste their time pressing charges, which in turn demoralizes
law enforcement officers.
Presto, just like that, you have a weak law.
The Bush Administration clearly understands this phenomenon.
On Monday, May 24, Agriculture Secretary Ann Veneman, speaking
on behalf of the Administration, expressed her support for the
enactment of S. 736, the Animal Fighting Prohibition
Enforcement Act. The bill, if passed and signed into law,
would not only make the interstate and foreign shipment of
fighting animals a felony crime, but would also ban the
interstate and foreign commerce of razor-sharp knives and
ice-pick-like gaffs that cockfighters strap onto birds' legs to
ensure bloodier battles. If convicted under this revised law,
violators would face up to two years in prison.
"We believe that tougher penalties and prosecution will help
to deter illegal movement of birds as well as the inhumane
practice of cockfighting itself," wrote Secretary Veneman in
the
May 24 letter to Senator Robert Bennett (R-UT), who chairs
the Senate Appropriations Subcommittee on Agriculture, Rural
Development and Related Agencies.
Clearly, Veneman is not alone. Senators John Ensign (R-NV),
Wayne Allard (R-CO), and Maria Cantwell (D-WA) introduced the
legislation in March 2003, and since then, the bill has
gathered 51 cosponsors. In late October 2003, the Senate passed
the Animal Fighting Prohibition Enforcement Act as an amendment
to the Healthy Forests Restoration Act, but the following
month, House-Senate conferees stripped out the amendment during
conference meetings. The Senate bill still remains alive.
A companion bill introduced in the House of Representatives,
H.R. 1532, has 196 cosponsors. (Earlier this month,
Representatives Mark Green (R-WI) and Elton Gallegly (R-CA)
introduced H.R. 4264, which would accomplish the same goals by
amending Title 18 of the U.S. Criminal Code, and the bill has
been referred to the House Judiciary Committee.)
What's more, aside from the Bush Administration endorsement,
the Animal Fighting Prohibition Enforcement Act has the support
of 158 local police and sheriffs departments across the
country, 55 animal control and humane groups, the American
Veterinary Medical Association, and the National Chicken
Council, which represents 95% of U.S. chicken producers and
processors. (
Click here to read the current list of supporters.)
The Endorsement
In the letter, Veneman lays out how the tougher penalties in
S. 736 would help the USDA crack down on cockfighters and
dogfighters.
"USDA's Animal and Plant Health Inspection Service and
Office of the Inspector General (OIG) work cooperatively with
other Federal, State, and local authorities to conduct
investigations and enforce the AWA's animal fighting
provisions," Veneman wrote. "OIG typically initiates
investigations based upon the potential for criminal
prosecution. Together with the provisions in the Farm Bill, S.
736 further enhances the ability to prosecute those charged
with animal-fighting violations."
In addition to the USDA's desire to better "protect birds
and other animals from the cruel practice of fighting," the
Agriculture Secretary understands that cracking down on the
interstate and foreign shipment of fighting birds will also
help prevent the spread of highly contagious diseases like Exotic Newcastle
Disease, which cost the lives of millions of birds and cost
taxpayers millions of dollars.
"The bill would also enhance USDA's ability to safeguard the
health of U.S. poultry against deadly diseases, such as Exotic
Newcastle Disease and avian influenza," Veneman wrote.
"Fighting birds have been implicated in the introduction and
spread of Exotic Newcastle Disease in California in 2002-2003,
which cost U.S. taxpayers nearly $200 million to eradicate, and
cost the U.S. poultry industry many millions more in lost
export markets."
Ruffling Feathers
The HSUS has been very successful in recent years in banning cockfighting
in those states where the bloodsport was still legal.
Cockfighting remains legal in only Louisiana and parts of New
Mexico. (Dogfighting, by contrast, is banned in all 50 states.)
But the battle against cockfighters has never been easy. In
fact, the cockfighting lobby helped strip the 2002 Farm Bill of
its original felony-level penalties for interstate and foreign
transport of fighting animals.
That's why the Bush Administration's endorsement is so
vital. It could help get this important legislation, finally,
across the finish line in Congress.
"The Humane Society of the United States is grateful to the
Bush Administration for recognizing the need to have
felony-level penalties for dogfighting and cockfighting," said
Wayne Pacelle, HSUS chief executive officer. "We've been
fighting this good fight for many years, and few things will
help more than giving law enforcement officers and prosecutors
the tools they need to crack down on this barbaric practice
that deserves no safe harbor in the United States."
What You Can Do
The HSUS will continue to work with our supporters—as well
as with local police and sheriffs, industry, and others who
endorse the Animal Fighting Prohibition Enforcement Act —to
finally put this missing piece in its proper place. Click here to find out how
you can help.
Kellie Moran is a Legislative
Assistant in The HSUS's Government Affairs section.
