Refuge From Cruel Trapping Act of 2021
Bill: H.R.4716 | Sponsor: Rep. Nadler, Jerrold (D-NY)
Policy area: Public Lands and Natural Resources

Summary:
Refuge From Cruel Trapping Act of 2021
This bill prohibits, with specified exceptions, the use or possession of body-gripping traps in the National Wildlife Refuge System.
The bill imposes on persons who possess or use such traps in the system (1) for a first offense, a civil fine of up to $500 for each body-gripping trap possessed or used; and (2) for subsequent offenses, a civil fine of up to $1,000 for each body-gripping trap possessed or used, imprisonment for up to 180 days, or both such a civil fine and imprisonment.
The bill makes any body-gripping traps that are possessed or used in violation of this bill, and any wildlife captured by the use of such traps, including the pelts and raw fur, subject to civil forfeiture.
Persons found to be in violation of such prohibition shall pay all associated court costs.

To end the use of body-gripping traps in the National Wildlife Refuge 
                    System, and for other purposes.

    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 ``Refuge From Cruel Trapping Act of 
2021''.

SEC. 2. POSSESSION OR USE OF BODY-GRIPPING TRAP PROHIBITED.

    The National Wildlife Refuge System Administration Act of 1966 (16 
U.S.C. 668dd et seq.) is amended by adding at the end the following:

``SEC. 6. POSSESSION OR USE OF BODY-GRIPPING TRAP PROHIBITED.

    ``(a) In General.--Except as provided in subsection (b), no person 
may possess or use a body-gripping trap in the System.
    ``(b) Exceptions.--
            ``(1) In general.--Subsection (a) shall not apply to the 
        use of a body-gripping trap--
                    ``(A) by an agency of the Federal Government;
                    ``(B) to--
                            ``(i) control an invasive species (as such 
                        term is defined in section 10(a) of the Fish 
                        and Wildlife Coordination Act) to achieve 
                        resource management objectives; or
                            ``(ii) protect a species that--
                                    ``(I) is listed as endangered or 
                                threatened under the Endangered Species 
                                Act of 1973; or
                                    ``(II) the Secretary of the 
                                Interior has designated as a sensitive 
                                species; and
                    ``(C) if--
                            ``(i) such use is in accordance with 
                        Federal and State law; and
                            ``(ii) all viable nonlethal methods for 
                        achieving a goal described in paragraph (1) 
                        have been attempted and such documentation is 
                        maintained at the headquarters of the 
                        department that carried out such attempt.
            ``(2) Training.--Subsection (a) does not apply to training 
        in the dismantling of body-gripping traps.
    ``(c) Enforcement Provisions.--Notwithstanding section 4(f), a 
person who possesses or uses a body-gripping trap in the System shall 
be subject to the following:
            ``(1) In the case of a first offense, a civil fine of not 
        more than $500 imposed by the Secretary for each body-gripping 
        trap possessed or used.
            ``(2) In the case of a subsequent offense--
                    ``(A) a civil fine of not more than $1,000 imposed 
                by the Secretary for each body-gripping trap possessed 
                or used;
                    ``(B) imprisonment for not more than 180 days; or
                    ``(C) both a civil fine and imprisonment in 
                accordance with subparagraphs (A) and (B).
    ``(d) Forfeiture of Body-Gripping Trap.--Any body-gripping trap 
that is possessed or used in violation of this section, and any 
wildlife captured by the use of such trap, including the pelt or raw 
fur of such wildlife, shall be subject to forfeiture to the United 
States in accordance with the provisions of chapter 46 of title 18, 
United States Code, relating to civil forfeitures.
    ``(e) Payment of Court Costs and Other Associated Expenses.--A 
person found to be in violation of subsection (a) shall pay all 
associated court costs.
    ``(f) Regulations.--Not later than 120 days after the date of the 
enactment of this section, the Secretary shall issue any regulations 
necessary to carry out this section.
    ``(g) Definitions.--
            ``(1) Body-gripping trap.--In this section, the term `body-
        gripping trap'--
                    ``(A) except as provided in paragraph (3), means 
                any device that is intended to kill or capture wildlife 
                by physically restraining any part of the animal;
                    ``(B) includes any--
                            ``(i) steel-jaw, padded, or other modified 
                        leghold trap;
                            ``(ii) kill-type trap;
                            ``(iii) snare trap; or
                            ``(iv) modified version of any such trap; 
                        and
                    ``(C) does not include any--
                            ``(i) cage or box trap; or
                            ``(ii) suitcase-type live beaver trap.
            ``(2) Nonlethal methods.--The term `nonlethal methods'--
                    ``(A) includes exclusions, barriers, harassment and 
                scaring devices, and any other method that does not 
                result in the death of target or non-target species, 
                except
                    ``(B) does not include the use of a body-gripping 
                trap.''.
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