II

104TH CONGRESS

2D SESSION S. 1701

To end the use of steel jaw leghold traps on animals in the United States,

and for other purposes.

IN THE SENATE OF THE UNITED STATES

APRIL 24, 1996

Mr. PELL introduced the following bill; which was read twice and referred to

the Committee on Environment and Public Works

A BILL

To end the use of steel jaw leghold traps on animals in

the United States, and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. DECLARATION OF POLICY.

4 It is the policy of the United States to end the need5 less maiming and suffering inflicted on animals through

6 the use of steel jaw leghold traps by prohibiting the ship7 ment in interstate commerce or foreign commerce of the

8 traps and articles of fur from animals that were trapped

9 in the traps.
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1 SEC. 2. DEFINITIONS.

2 In this Act:

3 (1) ARTICLE OF FUR.—

4 (A) IN GENERAL.—The term ‘‘article of

5 fur’’ means—

6 (i) any furskin bearing hair, whether

7 raw or not dressed, or dressed; or

8 (ii) any article, however produced,

9 that consists in whole or part of a furskin.

10 (B) OTHER TERMS.—In subparagraph (A),

11 the terms ‘‘furskin’’, ‘‘raw or not dressed’’, and

12 ‘‘dressed’’ have the meanings provided in head13 note 2 of subpart B of part 5 of schedule 1 of

14 the Tariff Schedules of the United States (19

15 U.S.C. 1202).

16 (2) FOREIGN COMMERCE.—The term ‘‘foreign

17 commerce’’ has the meaning provided in section 10

18 of title 18, United States Code.

19 (3) IMPORT.—The term ‘‘import’’ means to

20 land on, bring into, or introduce into, any place sub21 ject to the jurisdiction of the United States, regard22 less of whether the landing, bringing, or introduction

23 constitutes an importation within the meaning of the

24 customs laws of the United States.
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1 (4) INTERSTATE COMMERCE.—The term ‘‘inter2 state commerce’’ has the meaning provided in sec3 tion 10 of title 18, United States Code.

4 (5) PERSON.—The term ‘‘person’’ includes—

5 (A) any individual, partnership, associa6 tion, corporation, or trust;

7 (B) any officer, employee, agent, depart8 ment, or instrumentality of the Federal Govern9 ment or of any State or political subdivision of

10 a State; and

11 (C) any other entity subject to the jurisdic12 tion of the United States.

13 (6) SECRETARY.—The term ‘‘Secretary’’ means

14 the Secretary of the Interior.

15 (7) STEEL JAW LEGHOLD TRAP.—The term

16 ‘‘steel jaw leghold trap’’ means any spring-powered

17 pan-activated or sear-activated device with 2 oppos18 ing steel jaws that is designed to capture an animal

19 by snapping closed on a limb or part of a limb of

20 the animal.

21 SEC. 3. PROHIBITED ACTS AND PENALTIES.

22 (a) ACTS INVOLVING ARTICLES OF FUR.—An article

23 of fur may not be imported, exported, shipped, or received

24 in interstate commerce or foreign commerce if any part

25 of the article is derived from an animal the trapping of
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1 which in a steel jaw leghold trap permitted the production

2 of the article.

3 (b) ACTS BY PERSONS.—It is unlawful for a person

4 knowingly—

5 (1) to import, export, ship, or receive an article

6 of fur in violation of subsection (a);

7 (2) to deliver, carry, transport, or ship by any

8 means, in interstate commerce or foreign commerce,

9 a steel jaw leghold trap;

10 (3) to sell, receive, acquire, or purchase a steel

11 jaw leghold trap that was delivered, carried, trans12 ported, or shipped in violation of paragraph (2); or

13 (4) to violate a regulation issued by the Sec14 retary under this section.

15 (c) PENALTIES.—A person who knowingly commits

16 an act that violates subsection (a) or (b), shall, on convic17 tion—

18 (1) for the first violation, be fined not more

19 than $1,000; and

20 (2) for the second and each subsequent viola21 tion, be fined not more than $5,000, imprisoned not

22 more than 2 years, or both.

23 SEC. 4. REWARDS.

24 (a) IN GENERAL.—
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1 (1) BASIS.—Except as provided in subsection

2 (b), the Secretary shall pay a reward to a person

3 who provides information that leads to a conviction

4 under section 3.

5 (2) AMOUNT.—The amount of the reward shall

6 be equal to 50 percent of the fine assessed against

7 the person convicted.

8 (b) GOVERNMENTAL EMPLOYEES.—An officer or em9 ployee of the United States or of a State or local govern10 ment who provides information or renders service in the

11 performance of the official duties of the officer or em12 ployee shall not be eligible for an award under subsection

13 (a).

14 SEC. 5. ENFORCEMENT.

15 (a) IN GENERAL.—In enforcing this Act, the Sec16 retary may use by agreement, with or without reimburse17 ment, the personnel, services, and facilities of any other

18 Federal agency or a State agency.

19 (b) WARRANTS.—The judges of the district courts of

20 the United States and the United States magistrates may,

21 within their respective jurisdictions, on proper oath or af22 firmation showing probable cause, issue such warrants or

23 other process as may be required for enforcement of this

24 Act.

25 (c) OTHER ENFORCEMENT AUTHORITY.—
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1 (1) IN GENERAL.—To the maximum extent per2 mitted by Federal law, an individual having author3 ity to enforce this Act may, in the course of enforce4 ment—

5 (A) detain for inspection, search, and seize

6 a package, crate, or other container, including

7 its contents, and all accompanying documents;

8 (B) make an arrest without a warrant for

9 a violation of this Act; and

10 (C) execute and serve an arrest warrant,

11 search warrant, or other warrant or criminal

12 process issued by a judge or magistrate of a

13 court of competent jurisdiction for a violation of

14 this Act.

15 (2) HANDLING OF ITEMS SEIZED.—

16 (A) IN GENERAL.—Except as provided in

17 subparagraph (B), an item seized under this

18 Act shall be held by a person authorized by the

19 Secretary, pending the disposition of criminal

20 proceedings or the institution of an action in

21 rem for forfeiture of the item under subsection

22 (d).

23 (B) POSTING OF BOND.—In lieu of holding

24 an item described in subparagraph (A), the Sec25 retary may return the item to the owner or con-
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1 signee in exchange for the posting of a bond or

2 other surety satisfactory to the Secretary.

3 (C) DISPOSITION.—On forfeiture of an

4 item described in subparagraph (A) to the Unit5 ed States, or the abandonment or waiver of any

6 claim to such an item, the item shall be dis7 posed of (other than by sale to the general pub8 lic) by the Secretary in such manner, consistent

9 with this Act, as the Secretary shall require by

10 regulation.

11 (d) FORFEITURE.—An article of fur or steel jaw

12 leghold trap taken, possessed, sold, purchased, offered for

13 sale or purchase, transported, delivered, received, carried,

14 shipped, exported, or imported in violation of this Act shall

15 be subject to forfeiture to the United States.

16 (e) INJUNCTIONS.—The Attorney General of the

17 United States may seek to enjoin a person from engaging

18 in a violation of this Act.

19 SEC. 6. REGULATIONS.

20 The Secretary shall issue such regulations as are nec21 essary to carry out this Act.

22 SEC. 7. EFFECTIVE DATE.

23 This Act shall take effect on the date that is 1 year

24 after the date of enactment of this Act.

Æ