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105TH CONGRESS
1ST SESSION
H. R. 1176
To end the use of steel jaw leghold traps on animals in the United States.
IN THE HOUSE OF REPRESENTATIVES
MARCH 20, 1997
Mrs. LOWEY (for herself, Mr. SHAYS, Mr. HYDE, Mrs. MALONEY of New
York, Ms. PELOSI, Mr. MEEHAN, Mr. TRAFICANT, Mr. CLAY, Mr.
TORRES, Mr. MORAN of Virginia, Mr. GOSS, Mr. FILNER, Mr. MANTON,
Mr. MARTINEZ, Ms. WOOLSEY, Mr. PORTER, Ms. SLAUGHTER, Mr.
DEUTSCH, Mr. YATES, Ms. ROYBAL-ALLARD, Mr. GEJDENSON, Mr. MAR-
KEY, Mr. FARR of California, Mr. ABERCROMBIE, Mr. ANDREWS, Mr.
FOGLIETTA, Ms. NORTON, Mrs. MINK of Hawaii, Mrs. KENNELLY of
Connecticut, Mr. LEWIS of Georgia, Mrs. MORELLA, Mr. GALLEGLY, Mr.
MATSUI, Mr. GILMAN, Mr. BERMAN, Mr. OLVER, Mr. LEVIN, Mr.
DEFAZIO, Mr. SKAGGS, Mr. SCHIFF, Mr. SMITH of New Jersey, and Mr.
LANTOS) introduced the following bill; which was referred to the Commit-
tee on Commerce, and in addition to the Committees on Ways and
Means, International Relations, and the Judiciary, for a period to be sub-
sequently 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 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 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. 2. DEFINITIONS.
As used in this Act:
(1) The term ‘‘article of fur’’ means—
(A) any furskin, whether raw or tanned 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’’, and ‘‘tanned or dressed’’ have the
same respective meanings as those terms have under
headnote 1 of chapter 43 of the Harmonized Tariff
Schedule of the United States.
(2) The term ‘‘interstate commerce’’ shall have
the same meaning as that given to such term in sec-
tion 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
entry into the customs territory 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) PROHIBITION.—No article of fur shall be im-
ported, exported, or shipped in interstate commerce if any
part or portion of such article is derived from an animal
that was trapped in a steel jaw leghold trap.
(b) OFFENSES.—It is unlawful for any person know-
ingly—
(1) to import, export, ship, or receive any arti-
cle of fur in contravention of subsection (a);
(2) to import, export, deliver, carry, transport,
or ship by any means whatever, in interstate com-
merce, 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) PENALTIES.—Any person who knowingly commits
an act which violates subsection (a) or (b), or any regula-
tion issued under this section, shall, in addition to any
other penalty that may be imposed—
(1) for the first such violation, be guilty of an
infraction under title 18, United States Code; and
(2) for each subsequent violation, be imprisoned
for not more than two years, or fined in the amount
set forth in title 18, United States Code, or both.
SEC. 4. REWARDS.
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 regulation issued there-
under, an amount equal to one half of the fine paid pursu-
ant to the conviction. Any officer or employee of the Unit-
ed States or of any State or local government who fur-
nishes 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, 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 reimbursement, the personnel,
services, and facilities of any other Federal agency or any
State agency for purposes of enforcing this Act and such
regulations.
(b) EXPORT AND IMPORT VIOLATIONS.—
(1) IMPORT VIOLATIONS.—The importation of
articles in contravention of section 3 shall be treated
as a violation of the customs laws of the United
States, and those provisions of law relating to viola-
tions of the customs laws shall apply thereto.
(2) 
EXPORT
VIOLATIONS.—The 
authorities
under the Export Administration Act of 1979 (in-
cluding penalties) shall be used to enforce the provi-
sions of this Act relating to the export of articles in
contravention of section 3.
(c) JUDICIAL PROCESS.—The district courts of the
United States may, within their respective jurisdictions,
upon proper oath or affirmation showing probable cause,
issue such warrants or other process as may be required
for enforcement of this Act and any regulation issued
thereunder.
(d) ENFORCEMENT AUTHORITIES.—Any individual
having authority to enforce this Act (except with respect
to violations to which subsection (b) applies), may, in exer-
cising such authority—
(1) detain for inspection, search, and seize any
package, crate, or other container, including its con-
tents, and all accompanying documents, if such indi-
vidual 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 violations to which subsection (b) ap-
plies) has occurred, is occurring, or is about to
occur;
(2) make arrests without a warrant for any vio-
lation 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).
(e) FORFEITURE.—Except with respect to exports to
which the provisions of the Export Administration Act of
1979 apply, and imports to which the customs laws of the
United States apply, pursuant to subsection (b), any arti-
cle of fur or steel jaw leghold trap taken, possessed, sold,
purchased, offered for sale or purchase, imported, ex-
ported, transported, delivered, received, carried, or
shipped in violation of this Act or any regulation issued
pursuant thereto, shall be subject to forfeiture to the Unit-
ed States. Those provisions of law relating to—
(1) the seizure, summary and judicial forfeiture,
and condemnation of property for violations of the
customs laws,
(2) the disposition of such property or the pro-
ceeds from the sale thereof,
(3) the remission or mitigation of such forfeit-
ures, and
(4) the compromise of claims,
shall apply to seizures and forfeitures incurred, or alleged
to have been incurred, under the provisions of this sub-
section, insofar as applicable and not inconsistent with
this title; except that 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
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.
(f) INJUNCTIONS.—The Attorney General of the
United States may seek to enjoin any person who is al-
leged to be in violation of any provision of this Act or regu-
lation issued under authority thereof.
(g) COOPERATION.—The Secretary of Commerce, the
Secretary of the Treasury, and the head of any other de-
partment or agency with enforcement responsibilities
under this Act shall cooperate with the Secretary in ensur-
ing that this Act, and regulations issued thereunder, are
enforced in the most effective and efficient manner.
SEC. 6. REGULATIONS.
(a) IN GENERAL.—The Secretary shall prescribe
such regulations as are necessary to carry out this Act.
SEC. 7. EFFECTIVE DATE.
This Act shall take effect one year after the date of
its enactment.
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