Bill would make owning a leghold trap a Federal crime

[fedupfisherman]

Inhumane Trapping Prevention Act (Introduced in House)

HR 1691 IH

110th CONGRESS

1st Session

H. R. 1691

To end the use of conventional steel-jawed leghold traps on animals in the United States.

-SNIP-

http://thomas.loc.gov/cgi-bin/query/D?c110:6:./temp/~c110S9KEfq::

[aikoaiko]

1. Should we be for it or against it?

:shrug:

[TomInTib]

3. I was for it until I was against it (seriously).

We used to use them all the time (predators - not pelts).

But they are indiscriminate, and heartless. A lot of needless mercy-killings (or worse).

There are so many humane traps on the market now, I see no reason to continue to use spring-jaw leg traps any more.

I have seen sights involving those things that would ruin your month.

[Wiley50]

8. Ban Them! It's hard enough to get away from Coyote Ugly Women as it is n/t

[TomInTib]

21. Damn, Wiley...

I had not even thought of that one.

Chew it off.

[janx]

25. Now stop that...

:spank:

[L1A1Rocker]

2. That is

just stupid.

[TomInTib]

5. What's "stupid"? The bill or the traps? nt

[rucky]

4. "...from my cold, dead feet!"

[AndreaCG]

6. There's one bill Shrub will veto for sure

He doesn't care about poor people, why should he care about poor animals?

[WillyT]

7. Bill Who ???

:silly:

[Critters2]

22. That was my first thought when I read the header, too. nt

[Gold Metal Flake]

27. This guy...

[janx]

9. I don't know about owning one, but using one

(as I understand it) often results in trapping unintended animals. I met a sled dog once who lost a limb to one of these traps.

There are or were people who trapped animals for food in the wilderness who had very firm ideas about methods of trapping. (I'm reminded of Gary Paulsen's book, Winterdance. There was a kind of snare trap he encountered in the North Woods that led to the almost-death of a deer, a doe he rescued...) Paulsen was a trapper himself, but he recognized the inferiority and the evil of this kind of trap.

I'll look at your link to see what it reveals.

[janx]

10. Dude, your link doesn't work (for some reason).

?

[fedupfisherman]

11. I linked to the text of the bill

Not sure why it is not working????

[janx]

12. Dunno..

It says Please resubmit your search :shrug:

But I'd like to know about this.

[fedupfisherman]

14. Can I post the whole text of the bill?

[janx]

16. Please do!

I'd like to see it. I'm not a hunter or a trapper, but I'd like to look into this.

I'm a bit of a fisherman (like yourself!)

[Peregrine Took]

13. I can't believe the "trappers" are still pushing this crap. I remember

circulating a petition against these monstrosities about 35 years ago. These sh*ts never give up, do they?

[fedupfisherman]

15. Uh this bill is to BAN leghold traps

Some states like New Jersey and Massachusetts have banned leghold trapping.

This bill would ban it in every state, D.C. and Puerto Rico

[janx]

17. There are some people who trap just to stay alive, still.

They often live in very remote locations and don't have a lot of money.

[fedupfisherman]

19. Oh I know

I know folks who trap or trapped.

[LeftyMom]

18. Good.

[Critters2]

23. Zackly. nt

[fedupfisherman]

20. Bill Text

Inhumane Trapping Prevention Act (Introduced in House)

HR 1691 IH

110th CONGRESS

1st Session

H. R. 1691

To end the use of conventional steel-jawed leghold traps on animals in the United States.

IN THE HOUSE OF REPRESENTATIVES

March 26, 2007

Mrs. LOWEY (for herself, Mr. SHAYS, Mr. CROWLEY, Mr. DEFAZIO, Mr. GRIJALVA, Mr. FRANK of Massachusetts, Ms. BERKLEY, and Mr. MCNULTY) introduced the following bill; which was referred to the Committee on Energy and Commerce, and in addition to the Committees on Ways and Means, Foreign Affairs, and Judiciary, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned

A BILL

To end the use of conventional steel-jawed leghold traps on animals in the United States.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the `Inhumane Trapping Prevention Act'.

SEC. 2. DECLARATION OF POLICY.

It is the policy of the United States to end the needless maiming and suffering inflicted upon animals through the use of conventional steel-jawed leghold traps by prohibiting the import or export of, and the shipment in interstate commerce of, such traps and of articles of fur from animals that were trapped in such traps.

SEC. 3. PROHIBITED ACTS AND PENALTIES.

(a) Prohibited Acts- It shall be unlawful for any person--

(1) to import, export, or transport in interstate commerce an article of fur, if any part or portion of such article is derived from an animal that was trapped in a conventional steel-jawed leghold trap;

(2) to import, export, deliver, carry, or transport by any means whatever, in interstate commerce, any conventional steel-jawed leghold trap;

(3) to sell, receive, acquire, or purchase any conventional steel-jawed leghold trap that was delivered, carried, or transported in violation of paragraph (2); or

(4) to violate any rule made by the Secretary under this Act.

(b) Penalties- Whoever knowingly violates subsection (a) shall, in addition to any other penalty that may be imposed--

(1) for the first such violation, be imprisoned for not more than 5 days or fined under title 18, United States Code, or both; and

(2) for each subsequent violation, be imprisoned for not more than two years or fined under title 18, United States Code, or both.

SEC. 4. REWARDS.

(a) General Rule- The Secretary shall pay, to any person who furnishes information which leads to a conviction of a violation of any provision of this Act or any rule made under this Act, an amount equal to one-half of the fine paid pursuant to the conviction.

(b) Exception- Any officer or employee of the United States or of any State or local government who furnishes information or renders service in the performance of his or her official duties is not eligible for payment under this section.

SEC. 5. ENFORCEMENT.

(a) In General- Except with respect to violations of this Act to which subsection (b) applies, this Act and any rules made under this Act shall be enforced by the Secretary, who may utilize by agreement, with or without reimbursement, the personnel, services, and facilities of any other Federal agency or any State agency for purposes of enforcing this Act and such rules.

(b) Import and Export Violations-

(1) IMPORT VIOLATIONS- The importation of articles in violation of section 3(a) shall be treated as a violation of the customs laws of the United States, and those provisions of law relating to violations of the customs laws of the United States shall apply thereto.

(2) EXPORT VIOLATIONS- The authorities under the Export Administration Act of 1979 (50 U.S.C. App. 2401 et seq.) (as continued in effect under the International Emergency Economic Powers Act), including penalties, shall be used to enforce the provisions of this Act relating to the export of articles in violation of section 3(a).

(c) Enforcement Authorities- Any person having authority to enforce this Act (except with respect to violations to which subsection (b) applies), may, in exercising such authority--

(1) detain for inspection, search, and seize any package, crate, or other container, including its contents, and all accompanying documents, if such individual has reasonable cause to suspect that in such package, crate, or other container are articles with respect to which a violation of this Act (except with respect to a violation to which subsection (b) applies) has occurred, is occurring, or is about to occur;

(2) make arrests without a warrant for any violation of this Act (except with respect to a violation to which subsection (b) applies) committed in his or her presence or view, or if the individual has probable cause to believe that the person to be arrested has committed or is committing such a violation; and

(3) execute and serve any arrest warrant, search warrant, or other warrant or criminal process issued by any judge or magistrate of any court of competent jurisdiction for enforcement of this Act (except with respect to violations to which subsection (b) applies).

(d) Forfeiture-

(1) GENERAL RULE- Except with respect to exports to which the provisions of the Export Administration Act of 1979 (50 U.S.C. App. 2401 et seq.) (as continued in effect under the International Emergency Economic Powers Act) apply, and imports to which the customs laws of the United States apply, pursuant to subsection (b), any article of fur or conventional steel-jawed leghold trap taken, possessed, sold, purchased, offered for sale or purchase, imported, exported, transported, delivered, received, carried, or shipped in violation of this Act or any rule made under this Act, shall be subject to forfeiture to the United States. Those provisions of law relating to--

(A) the seizure, summary and judicial forfeiture, and condemnation of property for violations of the customs laws of the United States,

(B) the disposition of such property or the proceeds from the sale thereof,

(C) the remission or mitigation of such forfeitures, and

(D) the compromise of claims,

shall apply to seizures and forfeitures incurred, or alleged to have been incurred, under the provisions of this subsection, insofar as applicable and not inconsistent with this Act.

(2) ENFORCEMENT- Such duties as are imposed upon the customs officer or any other person with respect to the seizure and forfeiture of property under the customs laws of the United States may be performed with respect to seizures and forfeitures of property under this subsection by the Secretary or such officers and employees as may be authorized or designated for that purpose by the Secretary, or, upon the request of the Secretary, by any other agency that has authority to manage and dispose of seized property.

(e) Injunctions- The Attorney General of the United States may seek to enjoin any person who is alleged to be in violation of this Act or any rule made under this Act.

(f) Cooperation- The Secretary of Commerce, the Secretary of the Treasury, and the head of any other department or agency with enforcement responsibilities under this Act shall cooperate with the Secretary in ensuring that this Act, and rules made under this Act, are enforced in the most effective and efficient manner.

SEC. 6. DEFINITIONS.

In this Act:

(1) The term `article of fur' means--

(A) any furskin (as such term is used under Note 1 of chapter 43 of the Harmonized Tariff Schedule of the United States), including any raw furskin classified under heading 4301 of such Schedule; or

(B) any article, however produced, that consists in whole or part of any such furskin.

(2) The term `conventional steel-jawed leghold trap' means any spring-powered pan or sear-activated device with two opposing steel jaws, whether the jaws are smooth, toothed, padded, or offset, which is designed to capture an animal by snapping closed upon the animal's limb or part thereof.

(3) The term `customs laws of the United States' means any other law or regulation enforced or administered by the United States Customs Service.

(4) The term `import' means to land on, bring into, or introduce into, any place subject to the jurisdiction of the United States, whether or not such landing, bringing, or introduction constitutes an entry into the customs territory of the United States.

(5) The term `interstate commerce' has the meaning given such term in section 10 of title 18, United States Code.

(6) The term `Secretary' means the Secretary of the Interior.

SEC. 7. RULEMAKING.

The Secretary may make rules to carry out this Act.

SEC. 8. EFFECTIVE DATE.

This Act shall take effect one year after the date of its enactment.

[janx]

24. Thanks for posting the whole bill.

I always get frustrated at legalese and was especially humored by the use of the word "furskin."

:rofl:

It will take some time to digest this (pardon the pun), and I do have to get up early for work tomorrow.


Also, I don't know what is available to people who actually trap for food these days. I hope or suspect that there are more humane and technologically savvy ways of doing so.

[fedupfisherman]

26. legholds are still the preferred method for trapping........

foxes, bobcats, wolves, coyotes and feral cats.

Underwater legholds are good for otter and mink.

[janx]

28. I don't think it should be a federal law

...especially for feral cats! :rofl: (I shouldn't laugh; I live in the big city now, and there are feral cats being squashed my cars--it makes me sick.)

More seriously, it depends upon the state. If people need to eat and keep warm, then that's what should be allowed (especially in states like Alaska).

But as I said, I'm not educated when it comes to trapping methods, and I know that trappers have different opinions about this. The sled dog I met (and I know he was not the first one) gave me a hard core opinion on the steel-jawed traps, but I know enough to know that I don't know about various other methods. There are some very bad snare trappers too. That much I know. The federal bill you posted (and thank you) taught me little about what's involved. I guess I need to talk to some trappers.