HR4108-119

1. Short title This Act may be cited as the Refuge From Cruel Trapping Act.

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— in section 4(f), by striking this Act each place it appears and inserting this section; and by inserting after section 4 the following: Except as provided in subsection (b), a person may not possess or use a body-gripping trap in the System. Subsection (a) does not apply to the possession or use of a body-gripping trap by a Federal agency— to— control an invasive species to achieve resource management objectives; or protect a species that— is listed as threatened or endangered under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.); or the Secretary has designated as a sensitive species; and if— such use is in accordance with Federal and State law; and all other viable nonlethal methods for achieving a goal described in subparagraph (A) have been thoroughly explored, described, and attempted and documentation of such activities is maintained at the relevant headquarters of the Federal agency that carried out such exploration, description, and attempt. Subsection (a) does not apply to the dismantling of body-gripping traps. Subsection (a) does not apply to the System in Alaska. Subsection (a) does not apply to the possession or use of a body-gripping trap by a member of a federally recognized Indian Tribe for subsistence purposes. A person who violates subsection (a) shall be subject to— a civil fine of not more than $500 for— each body-gripping trap possessed; and each use of a body-gripping trap; imprisonment for not more than 180 days; or both a civil fine and imprisonment in accordance with subparagraphs (A) and (B). The Secretary shall annually adjust the fine described in paragraph (1) to reflect the change in the Consumer Price Index for All Urban Consumers published by the Bureau of Labor Statistics of the Department of Labor. Any body-gripping trap that is possessed or used in violation of this section, and any wildlife captured through the use of such body-gripping trap, including a 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. A person found to be in violation of subsection (a) shall pay all associated court costs. In this section: The term body-gripping trap— means any device that is intended to kill or capture wildlife by physically restraining any part of the animal; includes any— steel-jaw, padded, or other modified leghold trap; kill-type trap; snare trap; or modified version of any trap described in clauses (i) through (iii); and does not include any— cage or box trap; or suitcase-type live beaver trap. The term invasive species means, with regard to a particular ecosystem, a non-native organism the introduction of which causes or is likely to cause economic or environmental harm, or harm to human, animal, or plant health. Not later than 120 days after the date of the enactment of this section, the Secretary of the Interior shall issue any regulations necessary to carry out the amendments made by subsection (a). The enforceability of the amendments made by subsection (a) shall not be affected by a failure of the Secretary of the Interior to issue regulations under paragraph (1). The amendments made by subsection (a) shall take effect on the date that is 120 days after the date of the enactment of this section. 4A.Possession or use of body-gripping trap prohibited (a)In generalExcept as provided in subsection (b), a person may not possess or use a body-gripping trap in the System. (b)Exceptions (1)Federal agencySubsection (a) does not apply to the possession or use of a body-gripping trap by a Federal agency— (A)to— (i)control an invasive species to achieve resource management objectives; or (ii)protect a species that— (I)is listed as threatened or endangered under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.); or (II)the Secretary has designated as a sensitive species; and (B)if— (i)such use is in accordance with Federal and State law; and (ii)all other viable nonlethal methods for achieving a goal described in subparagraph (A) have been thoroughly explored, described, and attempted and documentation of such activities is maintained at the relevant headquarters of the Federal agency that carried out such exploration, description, and attempt. (2)DismantlingSubsection (a) does not apply to the dismantling of body-gripping traps. (3)AlaskaSubsection (a) does not apply to the System in Alaska. (4)Members of Indian TribesSubsection (a) does not apply to the possession or use of a body-gripping trap by a member of a federally recognized Indian Tribe for subsistence purposes. (c)Penalties (1)In generalA person who violates subsection (a) shall be subject to— (A)a civil fine of not more than $500 for— (i)each body-gripping trap possessed; and (ii)each use of a body-gripping trap; (B)imprisonment for not more than 180 days; or (C)both a civil fine and imprisonment in accordance with subparagraphs (A) and (B). (2)Adjustment for inflationThe Secretary shall annually adjust the fine described in paragraph (1) to reflect the change in the Consumer Price Index for All Urban Consumers published by the Bureau of Labor Statistics of the Department of Labor. (d)ForfeitureAny body-gripping trap that is possessed or used in violation of this section, and any wildlife captured through the use of such body-gripping trap, including a 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 associated court costsA person found to be in violation of subsection (a) shall pay all associated court costs. (f)DefinitionsIn this section: (1)Body-Gripping trapThe term body-gripping trap— (A)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 trap described in clauses (i) through (iii); and (C)does not include any— (i)cage or box trap; or (ii)suitcase-type live beaver trap. (2)Invasive speciesThe term invasive species means, with regard to a particular ecosystem, a non-native organism the introduction of which causes or is likely to cause economic or environmental harm, or harm to human, animal, or plant health. .

4A. Possession or use of body-gripping trap prohibited Except as provided in subsection (b), a person may not possess or use a body-gripping trap in the System. Subsection (a) does not apply to the possession or use of a body-gripping trap by a Federal agency— to— control an invasive species to achieve resource management objectives; or protect a species that— is listed as threatened or endangered under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.); or the Secretary has designated as a sensitive species; and if— such use is in accordance with Federal and State law; and all other viable nonlethal methods for achieving a goal described in subparagraph (A) have been thoroughly explored, described, and attempted and documentation of such activities is maintained at the relevant headquarters of the Federal agency that carried out such exploration, description, and attempt. Subsection (a) does not apply to the dismantling of body-gripping traps. Subsection (a) does not apply to the System in Alaska. Subsection (a) does not apply to the possession or use of a body-gripping trap by a member of a federally recognized Indian Tribe for subsistence purposes. A person who violates subsection (a) shall be subject to— a civil fine of not more than $500 for— each body-gripping trap possessed; and each use of a body-gripping trap; imprisonment for not more than 180 days; or both a civil fine and imprisonment in accordance with subparagraphs (A) and (B). The Secretary shall annually adjust the fine described in paragraph (1) to reflect the change in the Consumer Price Index for All Urban Consumers published by the Bureau of Labor Statistics of the Department of Labor. Any body-gripping trap that is possessed or used in violation of this section, and any wildlife captured through the use of such body-gripping trap, including a 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. A person found to be in violation of subsection (a) shall pay all associated court costs. In this section: The term body-gripping trap— means any device that is intended to kill or capture wildlife by physically restraining any part of the animal; includes any— steel-jaw, padded, or other modified leghold trap; kill-type trap; snare trap; or modified version of any trap described in clauses (i) through (iii); and does not include any— cage or box trap; or suitcase-type live beaver trap. The term invasive species means, with regard to a particular ecosystem, a non-native organism the introduction of which causes or is likely to cause economic or environmental harm, or harm to human, animal, or plant health.