I
103D CONGRESS
1ST SESSION
H. R. 3526
To end the use of steel jaw leghold traps on animals in the United States.
IN THE HOUSE OF REPRESENTATIVES
NOVEMBER 17, 1993
Mrs. LOWEY (for herself, Mr. ABERCROMBIE, Mr. ACKERMAN, Mr. ANDREWS
of Maine, Mr. BACCHUS of Florida, Mr. BERMAN, Mr. BIELENSON, Mr.
BROWN of California, Ms. BYRNE, Mr. CARDIN, Mr. CLAY, Mr. DEL-
LUMS, Mr. DEUTSCH, Mr. DIXON, Mr. DORNAN, Mr. EDWARDS of Cali-
fornia, Mr. FAWELL, Mr. FOGLIETTA, Mr. FRANK of Massachusetts, Ms.
FURSE, Mr. GALLEGLY, Mr. GIBBONS, Mr. GOSS, Mr. GUTIERREZ, Mr.
HUGHES, Mr. HYDE, Mr. JACOBS, Mr. JOHNSTON of Florida, Mrs. KEN-
NELLY, Mr. LANTOS, Mr. LIPINSKI, Mr. MACHTLEY, Mrs. MALONEY, Mr.
MANTON, Mr. MATSUI, Mr. MCDERMOTT, Mr. MILLER of California,
Mrs. MINK, Ms. MOLINARI, Mr. MORAN, Mr. NADLER, Mr. OWENS, Mr.
PAYNE of New Jersey, Ms. PELOSI, Mr. PORTER, Mr. ROEMER, Mr.
ROSE, Mrs. SCHROEDER, Mr. SCHUMER, Mr. SHAW, Mr. SHAYS, Mr.
STARK, Mr. STOKES, Mr. SWIFT, Mr. TORRES, Mr. TORRICELLI, Mr.
TOWNS, Mr. TRAFICANT, Mr. VALENTINE, Mr. WAXMAN, Mr. WHEAT,
and Mr. YATES) introduced the following bill; which was referred to the
Committee on Energy and Commerce
A BILL
To end the use of steel jaw leghold traps on animals in
the United States.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. DECLARATION OF POLICY.
It is the policy of the United States to end the need-
less maiming and suffering inflicted upon animals through
the use of steel jaw leghold traps by prohibiting the ship-
ment in interstate or foreign commerce of such traps and
of articles of fur from animals that were trapped in such
traps.
SEC. 2. DEFINITIONS.
As used in this Act—
(1) The term ‘‘article of fur’’ means—
(A) any furskin bearing hair, raw or not
dressed, or dressed; or
(B) any article, however produced, that
consists in whole or part of any furskin.
For purposes of subparagraph (A), the terms
‘‘furskin’’, ‘‘raw or not dressed’’, and ‘‘dressed’’ have
the same respective meanings that are given them in
headnote 2 of subpart B of part 5 of schedule 1 of
the Tariff Schedules of the United States (19 U.S.C.
1202).
(2) The term ‘‘interstate or foreign commerce’’
shall have the same meaning as that given to such
term in section 10 of title 18, United States Code.
(3) The term ‘‘import’’ means to land on, bring
into, or introduce into, any place subject to the ju-
risdiction of the United States, whether or not such
landing, bringing, or introduction constitutes an im-
portation within the meaning of the customs laws of
the United States.
(4) The term ‘‘person’’ includes any individual,
partnership, association, corporation, trust, or any
officer, employee, agent, department, or instrumen-
tality of the Federal Government or of any State or
political subdivision thereof, or any other entity sub-
ject to the jurisdiction of the United States.
(5) The term ‘‘Secretary’’ means the Secretary
of the Interior.
(6) The term ‘‘steel jaw leghold trap’’ means
any spring-powered pan- or sear-activated device
with two opposing steel jaws which is designed to
capture an animal by snapping closed upon the ani-
mal’s limb or part thereof.
SEC. 3. PROHIBITED ACTS AND PENALTIES.
(a) No article of fur shall be imported, exported, or
shipped in interstate or foreign commerce if any part or
portion of such article is derived from an animal that was
trapped in a steel jaw leghold trap.
(b) It is unlawful for any person knowingly—
(1) to import, export, ship or receive any article
of fur in contravention of subsection (a);
(2) to deliver, carry, transport, or ship by any
means whatever, in interstate or foreign commerce,
any steel jaw leghold trap;
(3) to sell, receive, acquire, or purchase any
steel jaw leghold trap that was delivered, carried,
transported, or shipped in contravention of para-
graph (2); or
(4) to violate any regulation prescribed by the
Secretary under this section.
(c) Any person who knowingly commits an act which
violates subsection (a) or (b), or any regulation issued
under this section, shall, upon conviction for the first such
violation, be fined not more than $1,000; and, upon con-
viction for the second and each subsequent violation, be
fined not more than $5,000 and imprisoned for not more
than two years.
SEC. 4. REWARDS.
The Secretary shall pay an amount equal to half of
the fine paid to any person who furnishes information
which leads to a conviction of a criminal violation of any
provision of this Act or any regulation issued thereunder.
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 official duties
is not eligible for payment under this section.
SEC. 5. ENFORCEMENT.
(1) The provisions of this Act and any regulations
issued pursuant thereto shall be enforced by the Secretary,
who may utilize by agreement, with or without reimburse-
ment, the personnel, services, and facilities of any other
Federal agency or any State agency for purposes of en-
forcing this Act.
(2) The judges of the district courts of the United
States and the United States magistrates may, within
their respective jurisdictions, upon proper oath or affirma-
tion showing probable cause, issue such warrants or other
process as may be required for enforcement of this Act
and any regulation issued thereunder.
(3) To the maximum extent now or hereafter per-
mitted by Federal law, any individual having authority to
enforce this Act may—
(A) detain for inspection, search, and seize any
package, crate, or other container, including its con-
tents, and all accompanying documents;
(B) make arrests without a warrant for any vio-
lation of this Act; and
(C) 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.
Any item seized under this Act shall be held by any person
authorized by the Secretary, pending the disposition of
criminal proceedings or the institution of an action in rem
for forfeiture of the item under paragraph (4); the Sec-
retary may, in lieu of holding the item, permit the owner
or consignee to post a bond or other surety satisfactory
to the Secretary. Upon forfeiture of any such item to the
United States, or the abandonment or waiver of any claim
to any such item, it shall be disposed of (other than by
sale to the general public) by the Secretary in such man-
ner, consistent with the purposes of this Act, as the Sec-
retary shall prescribe by regulation.
(4) Any article of fur or steel jaw leghold trap taken,
possessed, sold, purchased, offered for sale or purchase,
transported, delivered, received, carried, shipped, ex-
ported, or imported contrary to the provisions of this Act
or to any regulation made pursuant thereto, shall be sub-
ject to forfeiture to the United States.
(5) The Attorney General of the United States may
seek to enjoin any person who is alleged to be in violation
of any provision of this Act or regulation issued under au-
thority thereof.
SEC. 6. REGULATIONS.
The Secretary shall prescribe such regulations as are
necessary to enforce the provisions of this Act.