[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5954 Introduced in House (IH)]

<DOC>






114th CONGRESS
  2d Session
                                H. R. 5954

 To prohibit use of body-gripping traps by personnel of the Department 
of the Interior and the Department of Agriculture and on lands of such 
                              departments.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 8, 2016

 Mr. Blumenauer (for himself and Mrs. Lowey) introduced the following 
bill; which was referred to the Committee on Natural Resources, and in 
     addition to the Committee on Agriculture, 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 prohibit use of body-gripping traps by personnel of the Department 
of the Interior and the Department of Agriculture and on lands of such 
                              departments.

    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 ``Limiting Inhumane Federal Trapping 
for Public Safety Act''.

SEC. 2. PROHIBITION OF USE OF BODY-GRIPPING TRAPS BY PERSONNEL AND ON 
              LANDS OF THE DEPARTMENTS OF THE INTERIOR AND AGRICULTURE.

    (a) Prohibitions.--Except as provided in subsection (b)--
            (1) no personnel of the Department of the Interior or the 
        Department of Agriculture may, in performance of their duties, 
        use, recommend, train regarding the use of, or plan for use of, 
        any body-gripping trap; and
            (2) no person shall use or possess any body-gripping trap 
        on property under the administrative jurisdiction of the 
        Department of the Interior or the Department of Agriculture, 
        without regard to whether the person is employed by, or working 
        under a contract with, the Department of the Interior or the 
        Department of Agriculture.
    (b) Exceptions.--
            (1) Limitation on application.--
                    (A) In general.--Subsection (a) shall not apply 
                with respect to use of a body-gripping trap to--
                            (i) control documented, invasive species to 
                        achieve resource management objectives where 
                        alternative methods have failed; or
                            (ii) protect a species that is--
                                    (I) listed as an endangered species 
                                or threatened species under the 
                                Endangered Species Act of 1973 (16 
                                U.S.C. 1531 et seq.); or
                                    (II) treated by the Forest Service 
                                as a sensitive species.
                    (B) Conditions.--
                            (i) In general.--Subparagraph (A) shall not 
                        apply unless--
                                    (I) such use of a body-gripping 
                                trap is in accordance with applicable 
                                State and Federal law;
                                    (II) prior to use of a body-
                                gripping trap, all available and viable 
                                nonlethal methods for such control or 
                                protection, respectively, are 
                                attempted; and
                                    (III) such attempts are documented 
                                in writing, and such documentation is 
                                maintained at the headquarters of the 
                                department that employs the individual 
                                engaging in such attempt.
                            (ii) Nonlethal methods described.--For 
                        purposes of clause (i)(II), the term 
                        ``nonlethal methods''--
                                    (I) except as provided in subclause 
                                (II), includes exclusions or barriers, 
                                harassment and scaring devices, and 
                                other methods that do not result in the 
                                death of target or nontarget species; 
                                and
                                    (II) does not include any body-
                                gripping device.
            (2) Training.--Subsection (a)(1) shall not apply with 
        respect to training in the dismantling of body-gripping traps 
        that have been illegally placed.
            (3) Indian country.--Subsection (a)(2) shall not apply with 
        respect to use of a body-gripping trap in the Indian country.
    (c) Penalties.--
            (1) Knowing violations.--Any person who knowingly violates 
        or fails to comply with this Act or any regulation issued under 
        this Act shall be fined under title 18, United States Code, or 
        imprisoned for not more than 1 year, or both.
            (2) Other violations.--Any person who otherwise violates or 
        fails to comply with this Act or any such regulation shall be 
        fined under title 18, United States Code, or imprisoned not 
        more than 180 days, or both.
    (d) Definitions.--In this section:
            (1) Body-gripping trap.--The term ``body-gripping trap''--
                    (A) except as provided in subparagraph (B), means 
                any device that is intended to kill or capture an 
                animal by physically restraining any part of the animal 
                on land or in an aquatic environment, including any--
                            (i) spring traps, including steel-jaw, 
                        padded, enclosed and dog-proof, or other 
                        modified foothold or leghold traps;
                            (ii) kill-type trap, including Conibear and 
                        body-crushing traps;
                            (iii) snare traps, including foot snares 
                        and strangling neck snares; and
                            (iv) modified version of any such a trap; 
                        and
                    (B) does not include any--
                            (i) cage or box trap; or
                            (ii) suitcase-type live beaver trap.
            (2) Indian country.--The term ``Indian country'' has the 
        meaning given that term under section 1151 or title 18, United 
        States Code.
            (3) Personnel.--The term ``personnel'' includes individuals 
        employed by, working under a contract or cooperative agreement 
        with, or otherwise collaborating with the Department of the 
        Interior or the Department of Agriculture.
    (e) ANILCA Not Affected.--Nothing in this Act is intended or shall 
be construed to conflict with the Alaska National Interests Lands 
Conservation Act (16 U.S.C. 3101 et seq.).
    (f) Stricter State Laws Not Affected.--This section shall not be 
construed to preempt or limit any requirement of any law or regulation 
of a State or political subdivision of a State, that--
            (1) is more restrictive than the requirements of this 
        section; or
            (2) creates penalties for conduct regulated by this 
        section.
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