[Congressional Record Volume 143, Number 160 (Thursday, November 13, 1997)]
[Senate]
[Pages S12603-S12604]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. TORRICELLI (for himself, Mr. Akaka, Mr. Kerry, and Mrs. 
        Feinstein):
  S. 1557. A bill to end the use of steel jaw leghold traps on animals 
in the United States; to the Committee on Environment and Public Works.


                 the steel jaw leghold trap act of 1997

  Mr. TORRICELLI. Mr. President, today, Senators, Akaka, Feinstein, 
Kerry, and I rise to introduce legislation to end the use of the steel 
jaw leghold trap. I rise to draw this country's attention to the many 
liabilities of this outdated device and ask for my colleagues support 
in ending its use.
  This important and timely issue now takes on added importance as the 
European Union proposes to ban the importation of U.S. fur caught with 
this class of trap. By ending the use of the leghold trap within our 
borders, we will effectively set a humane standard for trapping, as 
well as protect the U.S. fur industry by keeping Europe's doors open to 
U.S. fur.
  While this bill does not prohibit trapping, it does outlaw a 
particularly savage method of trapping by prohibiting the import or 
export of, and the interstate shipment of steel jaw leghold traps and 
articles of fur from animals caught in such traps.
  The steel jaw leghold trap is a cruel and antiquated device for which 
many alternatives exist. The American Veterinary Medical Association 
and the American Animal Hospital Association have condemned leghold 
traps as inhumane and the majority of Americans oppose the use of this 
class of trap. Currently, 89 nations have banned these cruel devices, 
and have done so with broad-based public support. In addition, Colorado 
and Massachusetts have joined Rhode Island, Florida and my home State 
of New Jersey in banning the trap.
  One quarter of all U.S. fur exports, $44 million, go to the European 
market. Of this $44 million, $21 million would be eliminated by the 
ban. This would clearly cause considerable economic damage to the U.S. 
fur industry, an important source of employment for many Americans. 
Since many Americans rely on trapping for their livelihood, it is 
imperative to find a solution which prevents the considerable damage 
that this ban would cause to our fur industry. It is important to note 
that since the steel-jaw leghold trap has been banned in Europe, 
alternatives have been provided to protect and maintain the European 
fur industry.
  Our Nation would be far better served by ending the use of the 
archaic and inhumane steel jaw leghold trap. By doing so, we are not 
only setting a long-overdue humane standard for trapping, we are 
ensuring that the European market remains open to all American fur 
exports.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 1557

       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 import or 
     export of, and the shipment in interstate commerce of, such 
     traps and of articles of fur from animals that were trapped 
     in such traps.

     SEC. 2. DEFINITIONS.

       As used in this Act:
       (1) Article of fur.--The term ``article of fur'' means--
       (A) any furskin, whether raw or tanned 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'', and ``tanned or dressed'' have the same respective 
     meanings as those terms have under headnote 1 of chapter 43 
     of the Harmonized Tariff Schedule of the United States.
       (2) Customs laws of the united states.--The term ``customs 
     laws of the United States'' means any law enforced or 
     administered by the Customs Service.
       (3) Interstate commerce.--The term ``interstate commerce'' 
     has the same meaning as given such term in section 10 of 
     title 18, United States Code.
       (4) Import.--The term ``import'' means to land on, bring 
     into, or introduce into, any place subject to the 
     jurisdiction of the United States, whether or not such 
     landing, bringing, or introduction constitutes an entry into 
     the customs territory of the United States.
       (5) Person.--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 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- or sear-activated device 
     with two opposing steel jaws which is designed to capture an 
     animal by snapping closed upon the animal's limb or part 
     thereof.

[[Page S12604]]

     SEC. 3. PROHIBITED ACTS AND PENALTIES.

       (a) Offenses.--It is unlawful for any person knowingly--
       (1) to import, export, ship, or receive in interstate 
     commerce an article of fur if any part of the article of fur 
     is derived from an animal that was trapped in a steel jaw 
     leghold trap;
       (2) to import, export, deliver, carry, transport, or ship 
     by any means whatever, in interstate commerce, any steel jaw 
     leghold trap; or
       (3) to sell, receive, acquire, or purchase any steel jaw 
     leghold trap that was delivered, carried, transported, or 
     shipped in contravention of paragraph (2).
       (b) Penalties.--A person who violates subsection (a), in 
     addition to any other penalty that may be imposed--
       (1) for the first such violation, shall be guilty of an 
     infraction punishable under title 18, United States Code; and
       (2) for each subsequent violation, shall be imprisoned not 
     more than 2 years, fined under title 18, United States Code, 
     or both.

     SEC. 4. REWARDS.

       The Secretary shall pay, to any person who furnishes 
     information which leads to a conviction of a violation of any 
     provision of this Act or any regulation issued thereunder, an 
     amount equal to one half of the fine paid pursuant to the 
     conviction. Any officer or employee of the United States or 
     of any State or local government who furnishes information or 
     renders service in the performance of his or her official 
     duties is not eligible for payment under this section.

     SEC. 5. ENFORCEMENT.

       (a) In General.--Except with respect to violations of this 
     Act to which subsection (b) applies, the provisions of this 
     Act and any regulations issued pursuant thereto shall be 
     enforced by the Secretary, who may use by agreement, with or 
     without reimbursement, the personnel, services, and 
     facilities of any other Federal agency or of any State agency 
     for purposes of enforcing this Act.
       (b) Export and Import Violations.--
       (1) Import violations.--The importation of articles in 
     contravention of section 3 shall be treated as a violation of 
     the customs laws of the United States, and the provisions of 
     law relating to violations of the customs laws shall apply 
     thereto.
       (2) Export violations.--The provisions of the Export 
     Administration Act of 1979 (including the penalty provisions) 
     (50 U.S.C. App. 2401 et seq.) shall apply for purposes of 
     enforcing the prohibition relating to the export of articles 
     described in section 3.
       (c) Judicial Process.--The district courts of the United 
     States may, within their respective jurisdictions, 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 thereunder.
       (d) Enforcement Authorities.--Any individual having 
     authority to enforce this Act (except with respect to 
     violations to which subsection (b) applies), may, in 
     exercising such authority--
       (1) detain for inspection, search, and seize any package, 
     crate, or other container, including its contents, and all 
     accompanying documents, if such individual has reasonable 
     cause to suspect that in such package, crate, or other 
     container are articles with respect to which a violation of 
     this Act (except with respect to violations to which 
     subsection (b) applies) has occurred, is occurring, or is 
     about to occur;
       (2) make arrests without a warrant for any violation of 
     this Act (except with respect to violations to which 
     subsection (b) applies) committed in his or her presence or 
     view or if the individual has probable cause to believe that 
     the person to be arrested has committed or is committing such 
     a violation; 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 (except with respect to violations to 
     which subsection (b) applies).
       (e) Forfeiture.--
       (1) In general.--Except as provided in paragraph (3), any 
     article of fur or steel jaw leghold trap taken, possessed, 
     sold, purchased, offered for sale or purchase, transported, 
     delivered, received, carried, or shipped in violation of this 
     Act shall be subject to forfeiture to the United States.
       (2) Applicable law.--The provisions of law relating to--
       (A) the seizure, summary and judicial forfeiture, and 
     condemnation of property for violations of the customs laws,
       (B) the disposition of such property or the proceeds from 
     the sale thereof,
       (C) the remission or mitigation of such forfeitures, and
       (D) the compromise of claims,

     shall apply to seizures and forfeitures under this 
     subsection, except that the duties performed by a customs 
     officer or any other person with respect to the seizure and 
     forfeiture of property under the customs laws of the United 
     States may be performed with respect to seizures and 
     forfeitures of property under this subsection by the 
     Secretary or such officers and employees as the Secretary may 
     designate.
       (3) Exception.--The provisions of the Export Administration 
     Act of 1979 shall apply with respect to the seizure and 
     forfeiture of any article of fur or steel jaw leghold trap 
     exported in violation of this Act and the customs laws of the 
     United States shall apply with respect to the seizure and 
     forfeiture of any such article or trap imported in violation 
     of this Act.
       (f) Injunctions.--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.
       (g) Cooperation.--The Secretary of Commerce, the Secretary 
     of the Treasury, and the head of any other department or 
     agency with enforcement responsibilities under this Act shall 
     cooperate with the Secretary in ensuring that this Act is 
     enforced in the most effective and efficient manner.

     SEC. 6. REGULATIONS.

       The Secretary shall prescribe 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.
                                 ______