[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[S. 1343 Introduced in Senate (IS)]

103d CONGRESS
  1st Session
                                S. 1343

        Entitled the ``Steel Jaw Leghold Trap Prohibition Act''.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

               August 3 (legislative day, June 30), 1993

   Mr. Akaka introduced the following bill; which was read twice and 
       referred to the Committee on Environment and Public Works

_______________________________________________________________________

                                 A BILL


 
        Entitled the ``Steel Jaw Leghold Trap Prohibition Act''.

    Be it enacted by the Senate and House of Representatives 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 needless maiming 
and suffering inflicted upon animals through the use of steel jaw 
leghold traps by prohibiting the shipment in interstate or foreign 
commerce of the traps and of articles of fur from animals that were 
trapped in the traps.

SEC. 2. DEFINITIONS.

    As used in this Act--
            (1) The term ``article of fur'' means--
                    (A) any furskin bearing hair, raw or not dressed, 
                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 
        or not dressed'', and ``dressed'' have the same respective 
        meanings that are given the terms in headnote 2 of subpart B of 
        part 5 of schedule 1 of the Tariff Schedules of the United 
        States (19 U.S.C. 1202).
            (2) The term ``interstate or foreign commerce'' shall have 
        the same meaning as that given to the term in section 10 of 
        title 18, United States Code.
            (3) The term ``import'' means to land on, bring into, or 
        introduce into, any place in the United States, whether or not 
        such landing, bringing, or introduction constitutes an 
        importation within the meaning of the customs laws of the 
        Federal Government.
            (4) The term ``person'' includes any individual, 
        partnership, association, corporation, trust, or any officer, 
        employee, agent, department, or instrumentality of the Federal 
        Government or of any State or political subdivision thereof, or 
        any other entity subject to the jurisdiction of the Federal 
        Government.
            (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 a limb of the animal or any part of the limb.
            (7) The term ``United States'' means the several States, 
        the District of Columbia, and territories and possessions of 
        the United States, including Puerto Rico.

SEC. 3. PROHIBITED ACTS AND PENALTIES.

    (a) In General.--No article of fur shall be imported, exported, or 
shipped in interstate or foreign commerce if any part or portion of 
such article is derived from an animal that was trapped in a steel jaw 
leghold trap.
    (b) Prohibitions.--It is unlawful for any person knowingly--
            (1) to import, export, ship or receive any article of fur 
        in contravention of subsection (a);
            (2) to deliver, carry, transport, or ship by any means 
        whatever, in interstate or foreign commerce, 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 paragraph (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 regulation issued under this 
section to carry out the provisions of subsections (a) or (b), shall--
            (1) upon conviction for the first such violation, be fined 
        not more than $1,000; and
            (2) upon conviction for the second and each subsequent 
        violation, be fined not more than $5,000, and imprisoned for 
        not more than two years.

SEC. 4. REWARDS.

    (a) In General.--The Secretary shall pay to any person who 
furnishes information that leads to a conviction of a criminal 
violation of any provision of this Act (including regulations 
promulgated to carry out the provision) in an amount equal to half of 
fine paid by the person convicted of the criminal violation.
    (b) Exclusion.--An officer or employee of the United States or of 
any State or local government who furnishes information or renders 
service in the performance of official duties is not eligible for 
payment under this section.

SEC. 5. ENFORCEMENT.

    (a) In General.--The provisions of this Act and any regulations 
issued pursuant to this Act shall be enforced by the Secretary. To the 
extent allowable by law, the Secretary 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.
    (b) Warrants.--Any judge of a district court of the United States 
and any United States magistrates may, 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 under 
this Act.
    (c) Searches.--To the extent allowable by law, any individual 
authorized to carry out the enforcement of this Act may--
            (1) detain for inspection, search, and seize any package, 
        crate, or other container, including its contents, and all 
        accompanying documents;
            (2) make arrests without a warrant for any violation of 
        this Act; 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.
    (d) Treatment of Seized Items.--(1) Any item seized pursuant to 
this Act shall, pending the disposition of criminal proceedings or the 
institution of an action in rem for forfeiture of the item under 
subsection (e), be held by any person authorized by the Secretary.
    (2) The Secretary may, in lieu of holding the item described in 
paragraph (1), permit the owner or consignee to post a bond or other 
surety satisfactory to the Secretary. Upon forfeiture of the item to 
the United States, or the abandonment or waiver of any claim to the 
item, the item shall be disposed of (other than by sale to the general 
public) by the Secretary in such manner, consistent with the purposes 
of this Act, as the Secretary shall prescribe by regulation.
    (e) Items Subject to Forfeiture.--Any article of fur or steel jaw 
leghold trap taken, possessed, sold, purchased, offered for sale or 
purchase, transported, delivered, received, carried, shipped, exported, 
or imported contrary to the provisions of this Act or to any regulation 
made pursuant thereto, shall be subject to forfeiture to the Federal 
Government.
    (f) Action by Attorney General.--The Attorney General of the United 
States may seek to enjoin any person who is alleged to be in violation 
of any provision of this Act or regulation issued under this Act.

SEC. 6. REGULATIONS.

    The Secretary shall prescribe such regulations as the Secretary 
determines to be necessary to carry out the provisions of this Act.

SEC. 7. EFFECTIVE DATE.

    The provisions of this Act shall become effective on the date that 
is 1 year after the date of the enactment of this Act.

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