Public Safety and Wildlife Protection Act
This bill bans steel-jaw leghold traps and Conibear traps.
Steel-jaw leghold traps are certain spring-powered devices with steel jaws that are designed to snap closed on animals. Conibear traps consist of metal frames hinged at the center point and powered by two torsion springs that create a scissor-like action designed to kill an animal by snapping its spine. Cage traps, box traps, suitcase-type live beaver traps, and mouse or rat snap traps are not included in the ban.
The bill establishes penalties for violating this ban.
The Department of the Interior must pay a reward for information that leads to a conviction of a violation of this bill, unless the information was provided by on duty officers or employees of federal, state, or local governments. The reward must be 50% of the fine paid.
[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8828 Introduced in House (IH)]
<DOC>
116th CONGRESS
2d Session
H. R. 8828
To restrict the use of steel-jaw leghold traps and Conibear traps on
animals in the United States.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
December 2, 2020
Ms. Adams (for herself and Mrs. Lowey) introduced the following bill;
which was referred to the Committee on Energy and Commerce, and in
addition to the Committees on Ways and Means, and Foreign Affairs, 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 restrict the use of steel-jaw leghold traps and Conibear traps on
animals in the United States.
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 ``Public Safety and Wildlife
Protection Act''.
SEC. 2. DECLARATION OF POLICY.
It is the policy of the United States to reduce risks to public
safety, as well as unnecessary harm to companion animals and wildlife,
from indiscriminate and injurious trapping methods by prohibiting the
import or export of, and the shipment in interstate commerce of, steel-
jaw leghold traps and Conibear traps.
SEC. 3. PROHIBITED ACTS AND PENALTIES.
(a) Prohibited Acts.--It shall be unlawful for any person--
(1) to import, export, deliver, carry, or transport by any
means whatever, in interstate commerce, any steel-jaw leghold
trap or Conibear trap; or
(2) to sell, receive, acquire, or purchase any steel-jaw
leghold trap or Conibear trap that was delivered, carried, or
transported in violation of paragraph (1).
(b) Penalties.--Whoever knowingly violates subsection (a) shall, in
addition to any other penalty that may be imposed, be subject to the
following:
(1) For the first such violation, a civil fine of not more
than $500 imposed by the Secretary for each steel-jaw leghold
trap or Conibear trap possessed.
(2) For each subsequent violation, a civil fine of not more
than $1,000 imposed by the Secretary for each steel-jaw leghold
trap or Conibear trap possessed, or imprisonment for not more
than 2 years, or both.
(c) Payment of Court Costs and Other Associated Expenses.--A person
found to be in violation of subsection (a) shall pay all court costs
associated therewith.
SEC. 4. REWARDS.
(a) General Rule.--The Secretary shall pay, to any person who
furnishes information that leads to a conviction of a violation of any
provision of this Act or any rule made under this Act, an amount equal
to one-half of the fine paid pursuant to the conviction.
(b) Exception.--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 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, this Act and any rules made under this
Act shall be enforced by the Secretary, who may use 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 rules.
(b) Import and Export Violations.--
(1) Import violations.--The importation of articles in
violation of section 3(a) shall be treated as a violation of
the customs laws of the United States, and those provisions of
law relating to violations of the customs laws of the United
States shall apply thereto.
(2) Export violations.--The authorities under the Export
Administration Act of 1979 (50 U.S.C. App. 2401 et seq.) (as
continued in effect under the International Emergency Economic
Powers Act), including penalties, shall be used to enforce the
provisions of this Act relating to the export of articles in
violation of section 3(a).
(c) Forfeiture.--
(1) General rule.--Except with respect to exports to which
the provisions of the Export Administration Act of 1979 (50
U.S.C. App. 2401 et seq.) (as continued in effect under the
International Emergency Economic Powers Act) apply, and imports
to which the customs laws of the United States apply, pursuant
to subsection (b), any steel-jaw leghold trap or Conibear trap
taken, possessed, sold, purchased, offered for sale or
purchase, imported, exported, transported, delivered, received,
carried, or shipped in violation of this Act or any rule made
under this Act, shall be subject to forfeiture to the United
States. Those provisions of law relating to--
(A) the seizure, summary and judicial forfeiture,
and condemnation of property for violations of the
customs laws of the United States;
(B) the disposition of such property or the
proceeds from the sale thereof;
(C) the remission or mitigation of such
forfeitures; and
(D) the compromise of claims,
shall apply to seizures and forfeitures incurred, or alleged to
have been incurred, under the provisions of this subsection,
insofar as applicable and not inconsistent with this Act.
(2) Enforcement.--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 of the United
States 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.
(d) Injunctions.--The Attorney General of the United States may
seek to enjoin any person who is alleged to be in violation of this Act
or any rule made under this Act.
(e) Cooperation.--The Secretary of Commerce, the Secretary of the
Treasury, and the head of any other department or agency with
enforcement responsibilities under this Act shall cooperate with the
Secretary in ensuring that this Act, and rules made under this Act, are
enforced in the most effective and efficient manner.
SEC. 6. DEFINITIONS.
In this Act:
(1) Steel-jaw leghold trap.--The term ``steel-jaw leghold
trap''--
(A) means any spring-powered pan or sear-activated
device with one or two opposing steel jaws, whether the
jaws are smooth, toothed, padded, enclosed (dog-proof),
or offset, that is designed to capture an animal by
snapping closed upon the animal's limb, foot, or part
thereof; and
(B) does not include any cage or box trap;
suitcase-type live beaver trap; or mouse or rat snap
trap.
(2) Conibear trap.--The term ``Conibear trap''--
(A) means any trap consisting of two metal frames
hinged at the center point and powered by two torsion
springs to create a scissor-like action designed to
kill an animal by snapping an animal's spinal column;
and
(B) does not include any cage or box trap;
suitcase-type live beaver trap; mouse or rat snap trap.
(3) Customs laws of the united states.--The term ``customs
laws of the United States'' means any other law or regulation
enforced or administered by the United States Customs Service.
(4) Import.--The term ``import'' means to land on, bring
into, or introduce into, any place subject to the jurisdiction
of the United States, whether or not such landing, bringing, or
introduction constitutes an entry into the customs territory of
the United States.
(5) Interstate commerce.--The term ``interstate commerce''
has the meaning given such term in section 10 of title 18,
United States Code.
(6) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
SEC. 7. RULEMAKING.
The Secretary may make rules to carry out this Act.
SEC. 8. EFFECTIVE DATE.
This Act shall take effect 1 year after the date of the enactment
of this Act.
<all>
Introduced in House
Introduced in House
Referred to the Committee on Energy and Commerce, and in addition to the Committees on Ways and Means, and Foreign Affairs, 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.
Referred to the Committee on Energy and Commerce, and in addition to the Committees on Ways and Means, and Foreign Affairs, 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.
Referred to the Committee on Energy and Commerce, and in addition to the Committees on Ways and Means, and Foreign Affairs, 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.
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