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Regulations Concerning the Private Possession of Big Cats

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Regulations Concerning the Private Possession of Big Cats Report for Congress LL File No. 2013-009343 Regulations Concerning the Private Possession of Big Cats Austria • Brazil • China • Costa Rica • Denmark • England • Greece India • Israel • Japan • Lebanon • Malaysia • Norway Russian Federation • South Africa • Spain Thailand • Turkey • Vietnam European Union June 2013 The Law Library of Congress, Global Legal Research Center (202) 707-6462 (phone) • (866) 550-0442 (fax) • [email protected] • http://www.loc.gov/law Contents Comparative Analysis......................................................................................................................1 Austria..............................................................................................................................................5 Brazil..............................................................................................................................................10 China..............................................................................................................................................17 Costa Rica ......................................................................................................................................21 Denmark.........................................................................................................................................26 England ..........................................................................................................................................27 Greece ............................................................................................................................................31 India ...............................................................................................................................................33 Israel...............................................................................................................................................36 Japan ..............................................................................................................................................43 Lebanon..........................................................................................................................................45 Malaysia.........................................................................................................................................46 Norway...........................................................................................................................................53 Russian Federation.........................................................................................................................57 South Africa...................................................................................................................................63 Spain ..............................................................................................................................................72 Thailand .........................................................................................................................................76 Turkey............................................................................................................................................78 Vietnam..........................................................................................................................................86 European Union .............................................................................................................................88 Comparative Analysis Laney Zhang Foreign Law Specialist I. Introduction This report surveys the different legal approaches taken by nineteen countries1 and the European Union in regulating the private possession of big cats. All the countries surveyed are members of the Convention on International Trade in Endangered Wild Fauna and Flora (CITES). Among them, China, India, Malaysia, Russia, Thailand, and Vietnam are tiger range countries where tigers still exist in the wild. China, India, and Russia were found to designate wild tigers as state property. The individual country surveys describe the legal provisions regarding keeping big cats in captivity, the requirements for licenses, and permission for breeding. Many surveys also discuss the procedures for accreditation of zoos keeping such animals, trade in wild animals, and penalties for violations. II. Private Possession of Big Cats Among the nineteen countries surveyed, twelve were found to have legislation at the national level prohibiting or restricting the private possession of species of big cats, a family or subfamily that big cats belong to, predators, or any rare or endangered species. In another five countries where regulations specifically addressing big cats were not found, keeping big cats in captivity may be subject to regulations on wild animals or dangerous animals. In most cases, the prohibition or restriction on keeping big cats in captivity comes from each country’s wildlife protection or animal welfare laws. The provisions of England and Denmark were found to be contained in a single piece of legislation regulating dangerous animals. In Austria, big cats cannot be kept anywhere except in qualified zoos. This restriction applies to all members of the Pantherinae subfamily as well as to cheetahs and smaller wild cats, except for native wild cats (felis sylverstris) and lynx. These zoos are most likely to be owned at the municipal level, which would hardly qualify for private ownership. In Brazil, the law requires that keepers of exotic fauna pertaining to the panthera felidae family, which includes lions, tigers, and jaguars, to register with the Brazilian Institute for the Environment and Natural Renewable Resources and meet certain requirements. 1 The countries surveyed are: Austria, Brazil, China, Costa Rica, Denmark, Greece, India, Israel, Japan, Lebanon, Malaysia, Norway, the Russian Federation, South Africa, Spain, Thailand, Turkey, the United Kingdom, and Vietnam. The Law Library of Congress 1 Regulations Concerning the Private Possession of Big Cats: Comparative Analysis In China, four species of big cats are listed under the top state-protected wildlife category: tigers, lions, clouded leopards, and snow leopards. In order to keep these animals in captivity or breed them, licenses from the state wildlife management authority are required. In Denmark, no animal species that may present a danger or that are particularly difficult to keep in an animal-welfare friendly manner, including all species of predators (with certain exceptions that do not include big cats), may be kept by a private person. In Greece, the possession of wildlife, including wild cats, without a permit is prohibited. The law prohibits holding and keeping wild animals within Greece as personal or household pets. In England, the ownership of dangerous wild animals is permitted, but the owner must obtain a license for each animal held. All cats, including the bobcat, caracal, cheetah, jaguar, leopard, lion, lynx, ocelot, puma, serval, and tiger, are subject to the ownership restrictions. The wild cat, pallas cat, little spotted cat, Geoffroy’s cat, kodkod, bay cat, sand cat, black- footed cat, rusty-spotted cat, and domestic cat are excepted. In India, the private possession of endangered cats, including cheetahs, clouded leopards, fishing cats, golden cats, Indian lions, leopards, panthers, marbled cats, snow leopards, and tigers, is prohibited unless the person has a certificate of ownership for a wild animal he or she possessed at the commencement of the wildlife protection law, which was enacted in 1972. In Japan, big cats, including tigers, are listed as dangerous animals that may cause harm to the life, body, or property of humans under the animal welfare law. Those who care for them must first obtain a permit from the prefectural governor. In Malaysia, tigers and other species of large cats are listed as “totally protected” wildlife under the law. Special permits are required to keep such animals, including in a zoo or for the purposes of breeding. In Russia, keeping species listed as rare or endangered in captivity and their release back into the wild requires the permission of federal authorities in charge of environmental protection. All subspecies of big cats that live in Russia are included in a government-approved list of animals and plants recognized as rare or endangered. In South Africa, three animals in the cat family, namely the cheetah, lion, and leopard, are categorized by the national biodiversity law as “vulnerable species.” As a result, their possession in private homes is restricted and permits are required. In Thailand, private persons are prohibited from possessing protected wildlife, including big cats such as tigers, except where the person owned such animal before the current wildlife protection law became effective in 1992. In countries where no specific legislation on big cats was located, restrictions on keeping wild animals or dangerous animals may apply: The Law Library of Congress 2 Regulations Concerning the Private Possession of Big Cats: Comparative Analysis Under Costa Rican law, all wildlife that is in the possession of zoos, breeding farms, rescue centers, and public or private institutions, or in private hands must be registered. Keeping wildlife in captivity is prohibited unless it comes from a wildlife management site legally established for reproduction with the goals of conservation, reintroduction, or commerce.
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