[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5217 Introduced in House (IH)]

<DOC>






118th CONGRESS
  1st Session
                                H. R. 5217

To 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.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            August 15, 2023

  Mr. Nadler (for himself, Mr. Blumenauer, Ms. Barragan, 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 
                               Resources

_______________________________________________________________________

                                 A BILL


 
To 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.

    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 ``Refuge From Cruel Trapping Act''.

SEC. 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:

``SEC. 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.
                                 <all>