118 HR 5217 IH: Refuge From Cruel Trapping Act U.S. House of Representatives 2023-08-15 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I118th CONGRESS1st SessionH. R. 5217IN THE HOUSE OF REPRESENTATIVESAugust 15, 2023Mr. Nadler (for himself, Mr. Blumenauer, Ms. Barragán, Mr. Boyle of Pennsylvania, Mr. Casten, Ms. Chu, Mr. Cohen, Mr. Connolly, Ms. DelBene, Mr. Huffman, Mr. Kilmer, Mr. Krishnamoorthi, Ms. McCollum, Ms. Meng, Mr. Moskowitz, Mrs. Napolitano, Mr. Neguse, Ms. Norton, Mr. Raskin, Ms. Scanlon, Mr. Schiff, and Ms. Tokuda) introduced the following bill; which was referred to the Committee on Natural ResourcesA BILLTo amend the National Wildlife Refuge System Administration Act of 1966 to prohibit the possession or use of body-gripping traps in the National Wildlife Refuge System, and for other purposes.

1.

Short title

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

2.

Possession or use of body-gripping trap prohibited

(a)

In general

The National Wildlife Refuge System Administration Act of 1966 (16 U.S.C. 668dd et seq.) is amended—(1)in section 4(f), by striking this Act each place it appears and inserting this section; and(2)by inserting after section 4 the following:

4A.

Possession or use of body-gripping trap prohibited

(a)

In general

Except as provided in subsection (b), a person may not possess or use a body-gripping trap in the System.(b)

Exceptions

(1)

Federal agency

Subsection (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)

Dismantling

Subsection (a) does not apply to the dismantling of body-gripping traps.(3)

Alaska

Subsection (a) does not apply to the System in Alaska.(4)

Members of Indian Tribes

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.(c)

Penalties

(1)

In general

A 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 inflation

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.(d)

Forfeiture

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.(e)

Payment of associated court costs

A person found to be in violation of subsection (a) shall pay all associated court costs.(f)

Definitions

In this section:(1)

Body-Gripping trap

The 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 species

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.

.(b)

Regulations

(1)

In general

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).(2)

Enforceability

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).(c)

Effective date

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.