Refuge From Cruel Trapping Act
Officially: “Refuge From Cruel Trapping Act” Read the full text
What it does
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1Short title
This section would give the Act the short title "Refuge From Cruel Trapping Act."
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1. Short title This Act may be cited as the Refuge From Cruel Trapping Act .
2Possession or use of body-gripping trap prohibited
This section would amend the National Wildlife Refuge System Administration Act of 1966. First, it would make a technical change to section 4(f) of that Act, narrowing a cross-reference that currently reads "this Act" so that it reads "this section" instead, everywhere it appears. Second, it would insert a new section 4A into the Act. Under the new section 4A, a person could not possess or use a body-gripping trap in the National Wildlife Refuge System (the System), except in four situations. First, a federal agency could possess or use a body-gripping trap if the trap is used either to control an invasive species to achieve resource management objectives, or to protect a species that is listed as threatened or endangered under the Endangered Species Act of 1973 or that the Secretary of the Interior has designated as a sensitive species, and only if the use is also consistent with federal and state law and the agency has thoroughly explored, described, and attempted all other viable nonlethal methods of achieving that goal and has kept documentation of that exploration, description, and attempt at the agency's relevant headquarters; both the purpose condition and the law-and-documentation condition would have to be met. Second, the prohibition would not apply to dismantling body-gripping traps. Third, the prohibition would not apply to the System in Alaska. Fourth, the prohibition would not apply to a member of a federally recognized Indian Tribe who possesses or uses a body-gripping trap for subsistence purposes. A person who violates the prohibition would be subject to a civil fine of not more than $500 for each body-gripping trap possessed and a separate civil fine of not more than $500 for each use of a body-gripping trap, or imprisonment for not more than 180 days, or both a fine and imprisonment. The Secretary of the Interior would have to adjust this $500 fine amount every year to reflect changes in the Consumer Price Index for All Urban Consumers published by the Bureau of Labor Statistics of the Department of Labor. Any body-gripping trap possessed or used in violation, along with any wildlife captured through use of that trap, including its pelt or raw fur, would be subject to forfeiture to the United States under the civil forfeiture rules in chapter 46 of title 18 of the United States Code. A person found in violation would also have to pay all associated court costs. The new section would define "body-gripping trap" as any device intended to kill or capture wildlife by physically restraining any part of the animal, including steel-jaw, padded, or other modified leghold traps, kill-type traps, snare traps, and modified versions of any of these, but the term would not include cage or box traps or suitcase-type live beaver traps. It would define "invasive species," for a particular ecosystem, as a non-native organism whose introduction causes, or is likely to cause, economic or environmental harm, or harm to human, animal, or plant health. Separately, this section would require the Secretary of the Interior to issue, not later than 120 days after the date of enactment, any regulations necessary to carry out these amendments, but would specify that the amendments remain enforceable even if the Secretary fails to issue such regulations. The amendments would take effect on the date that is 120 days after the date of enactment.
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2. Possession or use of body-gripping trap prohibited (a) In general The National Wildlife Refuge System Administration Act of 1966 ( 16 U.S.C. 668dd et seq. ) is amended— (1) in section 4(f), by striking this Act each place it appears and inserting this section ; and (2) by inserting after section 4 the following: 4A. Possession or use of body-gripping trap prohibited (a) In general Except as provided in subsection (b), a person may not possess or use a body-gripping trap in the System. (b) Exceptions (1) Federal agency Subsection (a) does not apply to the possession or use of a body-gripping trap by a Federal agency— (A) to— (i) control an invasive species to achieve resource management objectives; or (ii) protect a species that— (I) is listed as threatened or endangered under the Endangered Species Act of 1973 ( 16 U.S.C. 1531 et seq. ); or (II) the Secretary has designated as a sensitive species; and (B) if— (i) such use is in accordance with Federal and State law; and (ii) all other viable nonlethal methods for achieving a goal described in subparagraph (A) have been thoroughly explored, described, and attempted and documentation of such activities is maintained at the relevant headquarters of the Federal agency that carried out such exploration, description, and attempt. (2) Dismantling Subsection (a) does not apply to the dismantling of body-gripping traps. (3) Alaska Subsection (a) does not apply to the System in Alaska. (4) Members of Indian Tribes Subsection (a) does not apply to the possession or use of a body-gripping trap by a member of a federally recognized Indian Tribe for subsistence purposes. (c) Penalties (1) In general A person who violates subsection (a) shall be subject to— (A) a civil fine of not more than $500 for— (i) each body-gripping trap possessed; and (ii) each use of a body-gripping trap; (B) imprisonment for not more than 180 days; or (C) both a civil fine and imprisonment in accordance with subparagraphs (A) and (B). (2) Adjustment for inflation The Secretary shall annually adjust the fine described in paragraph (1) to reflect the change in the Consumer Price Index for All Urban Consumers published by the Bureau of Labor Statistics of the Department of Labor. (d) Forfeiture Any body-gripping trap that is possessed or used in violation of this section, and any wildlife captured through the use of such body-gripping trap, including a pelt or raw fur of such wildlife, shall be subject to forfeiture to the United States in accordance with the provisions of chapter 46 of title 18, United States Code, relating to civil forfeitures. (e) Payment of associated court costs A person found to be in violation of subsection (a) shall pay all associated court costs. (f) Definitions In this section: (1) Body-Gripping trap The term body-gripping trap — (A) means any device that is intended to kill or capture wildlife by physically restraining any part of the animal; (B) includes any— (i) steel-jaw, padded, or other modified leghold trap; (ii) kill-type trap; (iii) snare trap; or (iv) modified version of any trap described in clauses (i) through (iii); and (C) does not include any— (i) cage or box trap; or (ii) suitcase-type live beaver trap. (2) Invasive species The term invasive species means, with regard to a particular ecosystem, a non-native organism the introduction of which causes or is likely to cause economic or environmental harm, or harm to human, animal, or plant health. . (b) Regulations (1) In general Not later than 120 days after the date of the enactment of this section, the Secretary of the Interior shall issue any regulations necessary to carry out the amendments made by subsection (a). (2) Enforceability The enforceability of the amendments made by subsection (a) shall not be affected by a failure of the Secretary of the Interior to issue regulations under paragraph (1). (c) Effective date The amendments made by subsection (a) shall take effect on the date that is 120 days after the date of the enactment of this section.
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In the House.