[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[S. 1701 Introduced in Senate (IS)]







104th CONGRESS
  2d Session
                                S. 1701

  To end the use of steel jaw leghold traps on animals in the United 
                    States, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             April 24, 1996

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

_______________________________________________________________________

                                 A BILL


 
  To end the use of steel jaw leghold traps on animals in the United 
                    States, 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. DECLARATION OF POLICY.

    It is the policy of the United States to end the needless maiming 
and suffering inflicted on animals through the use of steel jaw leghold 
traps by prohibiting the shipment in interstate commerce or foreign 
commerce of the traps and articles of fur from animals that were 
trapped in the traps.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Article of fur.--
                    (A) In general.--The term ``article of fur'' 
                means--
                            (i) any furskin bearing hair, whether raw 
                        or not dressed, or dressed; or
                            (ii) any article, however produced, that 
                        consists in whole or part of a furskin.
                    (B) Other terms.--In subparagraph (A), the terms 
                ``furskin'', ``raw or not dressed'', and ``dressed'' 
                have the meanings provided 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) Foreign commerce.--The term ``foreign commerce'' has 
        the meaning provided in section 10 of title 18, United States 
        Code.
            (3) Import.--The term ``import'' means to land on, bring 
        into, or introduce into, any place subject to the jurisdiction 
        of the United States, regardless of whether the landing, 
        bringing, or introduction constitutes an importation within the 
        meaning of the customs laws of the United States.
            (4) Interstate commerce.--The term ``interstate commerce'' 
        has the meaning provided in section 10 of title 18, United 
        States Code.
            (5) Person.--The term ``person'' includes--
                    (A) any individual, partnership, association, 
                corporation, or trust;
                    (B) any officer, employee, agent, department, or 
                instrumentality of the Federal Government or of any 
                State or political subdivision of a State; and
                    (C) any other entity subject to the jurisdiction of 
                the United States.
            (6) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
            (7) Steel jaw leghold trap.--The term ``steel jaw leghold 
        trap'' means any spring-powered pan-activated or sear-activated 
        device with 2 opposing steel jaws that is designed to capture 
        an animal by snapping closed on a limb or part of a limb of the 
        animal.

SEC. 3. PROHIBITED ACTS AND PENALTIES.

    (a) Acts Involving Articles of Fur.--An article of fur may not be 
imported, exported, shipped, or received in interstate commerce or 
foreign commerce if any part of the article is derived from an animal 
the trapping of which in a steel jaw leghold trap permitted the 
production of the article.
    (b) Acts by Persons.--It is unlawful for a person knowingly--
            (1) to import, export, ship, or receive an article of fur 
        in violation of subsection (a);
            (2) to deliver, carry, transport, or ship by any means, in 
        interstate commerce or foreign commerce, a steel jaw leghold 
        trap;
            (3) to sell, receive, acquire, or purchase a steel jaw 
        leghold trap that was delivered, carried, transported, or 
        shipped in violation of paragraph (2); or
            (4) to violate a regulation issued by the Secretary under 
        this section.
    (c) Penalties.--A person who knowingly commits an act that violates 
subsection (a) or (b), shall, on conviction--
            (1) for the first violation, be fined not more than $1,000; 
        and
            (2) for the second and each subsequent violation, be fined 
        not more than $5,000, imprisoned not more than 2 years, or 
        both.

SEC. 4. REWARDS.

    (a) In General.--
            (1) Basis.--Except as provided in subsection (b), the 
        Secretary shall pay a reward to a person who provides 
information that leads to a conviction under section 3.
            (2) Amount.--The amount of the reward shall be equal to 50 
        percent of the fine assessed against the person convicted.
    (b) Governmental Employees.--An officer or employee of the United 
States or of a State or local government who provides information or 
renders service in the performance of the official duties of the 
officer or employee shall not be eligible for an award under subsection 
(a).

SEC. 5. ENFORCEMENT.

    (a) In General.--In enforcing this Act, the Secretary may use by 
agreement, with or without reimbursement, the personnel, services, and 
facilities of any other Federal agency or a State agency.
    (b) Warrants.--The judges of the district courts of the United 
States and the United States magistrates may, within their respective 
jurisdictions, on proper oath or affirmation showing probable cause, 
issue such warrants or other process as may be required for enforcement 
of this Act.
    (c) Other Enforcement Authority.--
            (1) In general.--To the maximum extent permitted by Federal 
        law, an individual having authority to enforce this Act may, in 
        the course of enforcement--
                    (A) detain for inspection, search, and seize a 
                package, crate, or other container, including its 
                contents, and all accompanying documents;
                    (B) make an arrest without a warrant for a 
                violation of this Act; and
                    (C) execute and serve an arrest warrant, search 
                warrant, or other warrant or criminal process issued by 
                a judge or magistrate of a court of competent 
                jurisdiction for a violation of this Act.
            (2) Handling of items seized.--
                    (A) In general.--Except as provided in subparagraph 
                (B), an item seized under this Act shall be held by a 
                person authorized by the Secretary, pending the 
                disposition of criminal proceedings or the institution 
                of an action in rem for forfeiture of the item under 
                subsection (d).
                    (B) Posting of bond.--In lieu of holding an item 
                described in subparagraph (A), the Secretary may return 
                the item to the owner or consignee in exchange for the 
                posting of a bond or other surety satisfactory to the 
                Secretary.
                    (C) Disposition.--On forfeiture of an item 
                described in subparagraph (A) to the United States, or 
                the abandonment or waiver of any claim to such an item, 
                the item shall be disposed of (other than by sale to 
                the general public) by the Secretary in such manner, 
                consistent with this Act, as the Secretary shall 
                require by regulation.
    (d) Forfeiture.--An 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 in 
violation of this Act shall be subject to forfeiture to the United 
States.
    (e) Injunctions.--The Attorney General of the United States may 
seek to enjoin a person from engaging in a violation of this Act.

SEC. 6. REGULATIONS.

    The Secretary shall issue such regulations as are necessary to 
carry out this Act.

SEC. 7. EFFECTIVE DATE.

    This Act shall take effect on the date that is 1 year after the 
date of enactment of this Act.
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