October 7, 1999

SENATE ADOPTS BILL RESTRICTING AIR TRAVEL FOR PETS

The Issue.

While the Safe Air Travel for Animals Act (SB 1193) remains pending in the Senate Commerce, Science and Transportation Committee, its provisions have now been appended in their entirety without a hearing or debate to the Federal Aviation Administration reauthorization bill. That bill (SB 82) addresses myriad air transport issues, and authorizes funding to maintain the nation's air transportation system. In a last-minute move on the Senate floor, Senator Lautenberg successfully amended Senate Bill 82 to insert the provisions of his bill, which places expensive restrictions on commercial airlines carying live animals. That bill has been adopted by the Senate and, if the Lautenberg provisions survive a conference committee, may put an end to the commercial air transport of animals in the United States.

The Impact.

As reported in a PetAlert distributed to the industry in early August, Senate Bill 1193 would require airlines to institute several modifications to their aircraft and policies governing transport of live animals. Air carriers of live animals would be required to:

• Submit information about each flight to USDA at least 24 hours in advance of the flight.
  
  
• Submit detailed reports about each incident involving the loss, injury, death or mishandling of an animal, and produce annual reports about all incidents as well as any consumer complaints.
  
  
• Ensure crew members are alerted that the aircraft is carrying animals, and institute a training program.
  
  
• Publish information on risks associated with air travel for animals, conditions under which animals are transported, the carrier's safety record, and plans for handling animals before and after the actual flight and during flight delays.
  
  
• Make structural modifications to aircraft which include installation of positive airflow and heating/cooling systems.

Under the bill, any air transport of animals in a cargo or baggage compartment would be prohibited after December 31, 2000, except in aircraft complying with new structural mandates, flown by airlines conforming to the new reporting requirements.

SB 1193 (and now provisions of SB 82) amends both Title 7 of the U.S. Code (Animal Welfare Act) and Title 49 (regulation of air carriers). "Animals" in the context of the AWA includes only warm-blooded animals. However, this term is not defined for purposes of Title 49, Chapter 417. Therefor, all animals would presumably be subject to these provisions, including birds, reptiles, amphibians and other aquatic animals. Indications are that airlines will simply cease acting as carriers for live animals rather than conform to these expensive restrictions. Thus, this measure could all but shut down trade in numerous species of pet animals in this country.

Recommended Action.

PIJAC is in contact with conferees already named to the committee considering SB 82. As of this writing, Senate Democrats have not named conferees, nor have Democrats or Republicans from the House of Representatives. Animal rights organizations also continue to be very active on this bill with members of the House and Senate committees reporting the measure. They are lobbying hard to keep the amendment in this bill. It is important to immediately contact members of the conference committee on SB 82.

Conferees need to be told that provisions of SB 1193 should not be adopted in this summary fashion because:

• These provisions appear to be based on erroneous information and may not be necessary.
  
  
• These provisions would be more properly discussed in the respective House and Senate committees considering HB 2776 and SB 1193, where they may receive a fair hearing on the merits.
  
  
• This amendment would result in substantial costs, the extent of which is not yet known.
  
  
• It is wrong to adopt an amendment at the last minute without any hearings or debate!

Whom to Contact

Telephone, fax and email the Senate members serving on the conference committee. Also, contact Senator Ernest Hollings (the ranking Democrat on the Senate Commerce, Science & Transportation Committee) to find out who will be appointed to the conference committee for the Democrats, and contact the House Transportation & Infrastructure Chair and ranking Democrat to determine who the appointees will be for the House side. The contact numbers for all of these members are listed below.

Emphasize (in a polite and respectful fashion) your strong opposition to the amendments attaching SB 1193's provisions to the reauthorization bill.

• House conferees should reject this amendment (which is not in their version of the bill).
  
  
• Senate conferees should exclude these provisions from their version and allow them to be properly debated in the respective Senate and House committees considering SB 1193 and HB 2776.

Should you have questions about this action, or how best to follow up, contact PIJAC's Marshall Meyers or Michael Maddox at 1-800-553-PETS (7387).

Contact PIJAC if you wish a complete list of all House and Senate Committee Members.

PIJAC National Office Suite 400 1220 19th Street, NW Washington, DC 20036 Phone: 202-452-1525 or 800-553-7387 FAX: 202-293-4377

PIJAC@CIS.CompuServe.Com