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107TH CONGRESS

1ST SESSION H. R. 1187

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

IN THE HOUSE OF REPRESENTATIVES

MARCH 22, 2001

Mrs. LOWEY (for herself, Mr. SHAYS, Mr. LANTOS, Mr. HYDE, Ms. MCKINNEY, Mr. CAPUANO, Mr. BERMAN, Ms. BALDWIN, Mr. DOYLE, Mr.

GALLEGLY, Mr. PALLONE, Mr. THOMPSON of Mississippi, Mr. FRANK,

Mr. OLVER, Ms. SCHAKOWSKY, Mr. LEVIN, Mr. GEORGE MILLER of California, Mrs. KELLY, Mrs. MCCARTHY of New York, Mr. ABERCROMBIE,

Mrs. MEEK of Florida, Mr. BONIOR, Mr. COSTELLO, Mr. BLUMENAUER,

Ms. BERKLEY, Mr. FILNER, Mr. STARK, Mr. DEFAZIO, Mr. LUTHER,

Ms. MCCARTHY of Missouri, Mr. MORAN of Virginia, Ms. RIVERS, Mr.

ENGEL, Mr. HOLT, Mr. MALONEY of Connecticut, Mr. GUTIERREZ, Mr.

KILDEE, Mr. MEEHAN, Mr. SMITH of Washington, Mrs. MALONEY of

New York, Mr. NEAL of Massachusetts, Mr. HASTINGS of Florida, Mr.

SMITH of New Jersey, Mr. TOWNS, Mr. NADLER, Mr. SANDERS, Mrs.

ROUKEMA, Mrs. MINK of Hawaii, Mr. HORN, Mr. LEWIS of Georgia, Mr.

TIERNEY, Mr. KUCINICH, Ms. ROYBAL-ALLARD, Mr. BENTSEN, Mr.

CLAY, Ms. DELAURO, Mr. ACKERMAN, Mr. FRELINGHUYSEN, Mrs.

TAUSCHER, Mr. CONYERS, Ms. WOOLSEY, Mr. UDALL of Colorado, Mr.

DAVIS of Illinois, Mr. ROTHMAN, and Ms. SLAUGHTER) introduced the

following bill; which was referred to the Committee on Energy and Commerce, and in addition to the Committees on Ways and Means, International Relations, and the 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 steel-jawed leghold traps on animals in

the United States.
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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 upon animals through

6 the use of steel-jawed leghold traps by prohibiting the im7 port or export of, and the shipment in interstate commerce

8 of, such traps and of articles of fur from animals that

9 were trapped in such traps.

10 SEC. 2. PROHIBITED ACTS AND PENALTIES.

11 (a) PROHIBITED ACTS.—It shall be unlawful for any

12 person—

13 (1) to import, export, or transport in interstate

14 commerce an article of fur, if any part or portion of

15 such article is derived from an animal that was

16 trapped in a conventional steel-jawed leghold trap;

17 (2) to import, export, deliver, carry, or trans18 port by any means whatever, in interstate commerce,

19 any conventional steel-jawed leghold trap;

20 (3) to sell, receive, acquire, or purchase any

21 conventional steel-jawed leghold trap that was deliv22 ered, carried, or transported in violation of para23 graph (2); or

24 (4) to violate any rule made by the Secretary

25 under this Act.
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1 (b) PENALTIES.—Whoever knowingly violates sub2 section (a) shall, in addition to any other penalty that may

3 be imposed—

4 (1) for the first such violation, be imprisoned

5 for not more than 5 days or fined under title 18,

6 United States Code, or both; and

7 (2) for each subsequent violation, be imprisoned

8 for not more than two years or fined under title 18,

9 United States Code, or both.

10 SEC. 3. REWARDS.

11 (a) GENERAL RULE.—The Secretary shall pay, to

12 any person who furnishes information which leads to a

13 conviction of a violation of any provision of this Act or

14 any rule made under this Act, an amount equal to one15 half of the fine paid pursuant to the conviction.

16 (b) EXCEPTION.—Any officer or employee of the

17 United States or of any State or local government who

18 furnishes information or renders service in the perform19 ance of his or her official duties is not eligible for payment

20 under this section.

21 SEC. 4. ENFORCEMENT.

22 (a) IN GENERAL.—Except with respect to violations

23 of this Act to which subsection (b) applies, this Act and

24 any rules made under this Act shall be enforced by the

25 Secretary, who may utilize by agreement, with or without
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1 reimbursement, the personnel, services, and facilities of

2 any other Federal agency or any State agency for pur3 poses of enforcing this Act and such rules.

4 (b) IMPORT AND EXPORT VIOLATIONS.—

5 (1) IMPORT VIOLATIONS.—The importation of

6 articles in violation of section 2(a) shall be treated

7 as a violation of the customs laws of the United

8 States, and those provisions of law relating to viola9 tions of the customs laws of the United States shall

10 apply thereto.

11 (2) EXPORT VIOLATIONS.—The authorities

12 under the Export Administration Act of 1979 (50

13 U.S.C. App. 2401 et seq.) (including penalties) shall

14 be used to enforce the provisions of this Act relating

15 to the export of articles in violation of section 2(a).

16 (c) ENFORCEMENT AUTHORITIES.—Any person hav17 ing authority to enforce this Act (except with respect to

18 violations to which subsection (b) applies), may, in exer19 cising such authority—

20 (1) detain for inspection, search, and seize any

21 package, crate, or other container, including its con22 tents, and all accompanying documents, if such indi23 vidual has reasonable cause to suspect that in such

24 package, crate, or other container are articles with

25 respect to which a violation of this Act (except with
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1 respect to a violation to which subsection (b) ap2 plies) has occurred, is occurring, or is about to

3 occur;

4 (2) make arrests without a warrant for any vio5 lation of this Act (except with respect to a violation

6 to which subsection (b) applies) committed in his or

7 her presence or view, or if the individual has prob8 able cause to believe that the person to be arrested

9 has committed or is committing such a violation;

10 and

11 (3) execute and serve any arrest warrant,

12 search warrant, or other warrant or criminal process

13 issued by any judge or magistrate of any court of

14 competent jurisdiction for enforcement of this Act

15 (except with respect to violations to which subsection

16 (b) applies).

17 (d) FORFEITURE.—

18 (1) GENERAL RULE.—Except with respect to

19 exports to which the provisions of the Export Ad20 ministration Act of 1979 (50 U.S.C. App. 2401 et

21 seq.) apply, and imports to which the customs laws

22 of the United States apply, pursuant to subsection

23 (b), any article of fur or conventional steel-jawed

24 leghold trap taken, possessed, sold, purchased, of25 fered for sale or purchase, imported, exported, trans-
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1 ported, delivered, received, carried, or shipped in vio2 lation of this Act or any rule made under this Act,

3 shall be subject to forfeiture to the United States.

4 Those provisions of law relating to—

5 (A) the seizure, summary and judicial for6 feiture, and condemnation of property for viola7 tions of the customs laws of the United States,

8 (B) the disposition of such property or the

9 proceeds from the sale thereof,

10 (C) the remission or mitigation of such for11 feitures, and

12 (D) the compromise of claims,

13 shall apply to seizures and forfeitures incurred, or

14 alleged to have been incurred, under the provisions

15 of this subsection, insofar as applicable and not in16 consistent with this Act.

17 (2) ENFORCEMENT.—Such duties as are im18 posed upon the customs officer or any other person

19 with respect to the seizure and forfeiture of property

20 under the customs laws of the United States may be

21 performed with respect to seizures and forfeitures of

22 property under this subsection by the Secretary or

23 such officers and employees as may be authorized or

24 designated for that purpose by the Secretary, or,

25 upon the request of the Secretary, by any other
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1 agency that has authority to manage and dispose of

2 seized property.

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

4 United States may seek to enjoin any person who is al5 leged to be in violation of this Act or any rule made under

6 this Act.

7 (f) COOPERATION.—The Secretary of Commerce, the

8 Secretary of the Treasury, and the head of any other de9 partment or agency with enforcement responsibilities

10 under this Act shall cooperate with the Secretary in ensur11 ing that this Act, and rules made under this Act, are en12 forced in the most effective and efficient manner.

13 SEC. 5. DEFINITIONS.

14 In this Act:

15 (1) The term ‘‘article of fur’’ means—

16 (A) any furskin (as such term is used

17 under headnote 1 of chapter 43 of the Har18 monized Tariff Schedule of the United States),

19 including any raw furskin classified under head20 ing 4301 of such Schedule; or

21 (B) any article, however produced, that

22 consists in whole or part of any such furskin.

23 (2) The term ‘‘conventional steel-jawed leghold

24 trap’’ means any spring-powered pan- or sear-acti25 vated device with two opposing steel jaws, whether
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1 the jaws are smooth, toothed, padded, or offset,

2 which is designed to capture an animal by snapping

3 closed upon the animal’s limb or part thereof.

4 (3) The term ‘‘customs laws of the United

5 States’’ means any other law or regulation enforced

6 or administered by the United States Customs Serv7 ice.

8 (4) The term ‘‘import’’ means to land on, bring

9 into, or introduce into, any place subject to the ju10 risdiction of the United States, whether or not such

11 landing, bringing, or introduction constitutes an

12 entry into the customs territory of the United

13 States.

14 (5) The term ‘‘interstate commerce’’ has the

15 meaning given such term in section 10 of title 18,

16 United States Code.

17 (6) The term ‘‘Secretary’’ means the Secretary

18 of the Interior.

19 SEC. 6. RULEMAKING.

20 The Secretary may make rules to carry out this Act.

21 SEC. 7. EFFECTIVE DATE.

22 This Act shall take effect one year after the date of

23 its enactment.

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