Public Safety and Wildlife Protection Act

I 116TH CONGRESS 2D SESSION H. R. 8828 To restrict the use of steel-jaw leghold traps and Conibear traps on animals in the United States. IN THE HOUSE OF REPRESENTATIVES DECEMBER 2, 2020 Ms. ADAMS (for herself and Mrs. LOWEY) introduced the following bill; which was referred to the Committee on Energy and Commerce, and in addition to the Committees on Ways and Means, and Foreign Affairs, for a period to be subsequently determined by the Speaker, in each case for consider- ation of such provisions as fall within the jurisdiction of the committee concerned A BILL To restrict the use of steel-jaw leghold traps and Conibear traps on animals in the United States. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Public Safety and 4 Wildlife Protection Act’’. 5 SEC. 2. DECLARATION OF POLICY. 6 It is the policy of the United States to reduce risks 7 to public safety, as well as unnecessary harm to com- 8 VerDate Sep 11 2014 06:19 Dec 09, 2020 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H8828.IH H8828 pbinns on DSKJLVW7X2PROD with BILLS 2 •HR 8828 IH panion animals and wildlife, from indiscriminate and inju- 1 rious trapping methods by prohibiting the import or ex- 2 port of, and the shipment in interstate commerce of, steel- 3 jaw leghold traps and Conibear traps. 4 SEC. 3. PROHIBITED ACTS AND PENALTIES. 5 (a) PROHIBITED ACTS.—It shall be unlawful for any 6 person— 7 (1) to import, export, deliver, carry, or trans- 8 port by any means whatever, in interstate commerce, 9 any steel-jaw leghold trap or Conibear trap; or 10 (2) to sell, receive, acquire, or purchase any 11 steel-jaw leghold trap or Conibear trap that was de- 12 livered, carried, or transported in violation of para- 13 graph (1). 14 (b) PENALTIES.—Whoever knowingly violates sub- 15 section (a) shall, in addition to any other penalty that may 16 be imposed, be subject to the following: 17 (1) For the first such violation, a civil fine of 18 not more than $500 imposed by the Secretary for 19 each steel-jaw leghold trap or Conibear trap pos- 20 sessed. 21 (2) For each subsequent violation, a civil fine of 22 not more than $1,000 imposed by the Secretary for 23 each steel-jaw leghold trap or Conibear trap pos- 24 VerDate Sep 11 2014 06:19 Dec 09, 2020 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H8828.IH H8828 pbinns on DSKJLVW7X2PROD with BILLS 3 •HR 8828 IH sessed, or imprisonment for not more than 2 years, 1 or both. 2 (c) PAYMENT OF COURT COSTS AND OTHER ASSOCI- 3 ATED EXPENSES.—A person found to be in violation of 4 subsection (a) shall pay all court costs associated there- 5 with. 6 SEC. 4. REWARDS. 7 (a) GENERAL RULE.—The Secretary shall pay, to 8 any person who furnishes information that leads to a con- 9 viction of a violation of any provision of this Act or any 10 rule made under this Act, an amount equal to one-half 11 of the fine paid pursuant to the conviction. 12 (b) EXCEPTION.—Any officer or employee of the 13 United States or of any State or local government who 14 furnishes information or renders service in the perform- 15 ance of his or her official duties is not eligible for payment 16 under this section. 17 SEC. 5. ENFORCEMENT. 18 (a) IN GENERAL.—Except with respect to violations 19 of this Act to which subsection (b) applies, this Act and 20 any rules made under this Act shall be enforced by the 21 Secretary, who may use by agreement, with or without re- 22 imbursement, the personnel, services, and facilities of any 23 other Federal agency or any State agency for purposes 24 of enforcing this Act and such rules. 25 VerDate Sep 11 2014 06:19 Dec 09, 2020 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H8828.IH H8828 pbinns on DSKJLVW7X2PROD with BILLS 4 •HR 8828 IH (b) IMPORT AND EXPORT VIOLATIONS.— 1 (1) IMPORT VIOLATIONS.—The importation of 2 articles in violation of section 3(a) shall be treated 3 as a violation of the customs laws of the United 4 States, and those provisions of law relating to viola- 5 tions of the customs laws of the United States shall 6 apply thereto. 7 (2) EXPORT VIOLATIONS.—The authorities 8 under the Export Administration Act of 1979 (50 9 U.S.C. App. 2401 et seq.) (as continued in effect 10 under the International Emergency Economic Pow- 11 ers Act), including penalties, shall be used to enforce 12 the provisions of this Act relating to the export of 13 articles in violation of section 3(a). 14 (c) FORFEITURE.— 15 (1) GENERAL RULE.—Except with respect to 16 exports to which the provisions of the Export Ad- 17 ministration Act of 1979 (50 U.S.C. App. 2401 et 18 seq.) (as continued in effect under the International 19 Emergency Economic Powers Act) apply, and im- 20 ports to which the customs laws of the United States 21 apply, pursuant to subsection (b), any steel-jaw 22 leghold trap or Conibear trap taken, possessed, sold, 23 purchased, offered for sale or purchase, imported, 24 exported, transported, delivered, received, carried, or 25 VerDate Sep 11 2014 06:19 Dec 09, 2020 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H8828.IH H8828 pbinns on DSKJLVW7X2PROD with BILLS 5 •HR 8828 IH shipped in violation of this Act or any rule made 1 under this Act, shall be subject to forfeiture to the 2 United States. Those provisions of law relating to— 3 (A) the seizure, summary and judicial for- 4 feiture, and condemnation of property for viola- 5 tions of the customs laws of the United States; 6 (B) the disposition of such property or the 7 proceeds from the sale thereof; 8 (C) the remission or mitigation of such for- 9 feitures; and 10 (D) the compromise of claims, 11 shall apply to seizures and forfeitures incurred, or 12 alleged to have been incurred, under the provisions 13 of this subsection, insofar as applicable and not in- 14 consistent with this Act. 15 (2) ENFORCEMENT.—Such duties as are im- 16 posed upon the customs officer or any other person 17 with respect to the seizure and forfeiture of property 18 under the customs laws of the United States may be 19 performed with respect to seizures and forfeitures of 20 property under this subsection by the Secretary or 21 such officers and employees as may be authorized or 22 designated for that purpose by the Secretary, or, 23 upon the request of the Secretary, by any other 24 VerDate Sep 11 2014 06:19 Dec 09, 2020 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H8828.IH H8828 pbinns on DSKJLVW7X2PROD with BILLS 6 •HR 8828 IH agency that has authority to manage and dispose of 1 seized property. 2 (d) INJUNCTIONS.—The Attorney General of the 3 United States may seek to enjoin any person who is al- 4 leged to be in violation of this Act or any rule made under 5 this Act. 6 (e) COOPERATION.—The Secretary of Commerce, the 7 Secretary of the Treasury, and the head of any other de- 8 partment or agency with enforcement responsibilities 9 under this Act shall cooperate with the Secretary in ensur- 10 ing that this Act, and rules made under this Act, are en- 11 forced in the most effective and efficient manner. 12 SEC. 6. DEFINITIONS. 13 In this Act: 14 (1) STEEL-JAW LEGHOLD TRAP.—The term 15 ‘‘steel-jaw leghold trap’’— 16 (A) means any spring-powered pan or sear- 17 activated device with one or two opposing steel 18 jaws, whether the jaws are smooth, toothed, 19 padded, enclosed (dog-proof), or offset, that is 20 designed to capture an animal by snapping 21 closed upon the animal’s limb, foot, or part 22 thereof; and 23 VerDate Sep 11 2014 06:19 Dec 09, 2020 Jkt 019200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H8828.IH H8828 pbinns on DSKJLVW7X2PROD with BILLS 7 •HR 8828 IH (B) does not include any cage or box trap; 1 suitcase-type live beaver trap; or mouse or rat 2 snap trap. 3 (2) CONIBEAR TRAP.—The term ‘‘Conibear 4 trap’’— 5 (A) means any trap consisting of two 6 metal frames hinged at the center point and 7 powered by two torsion springs to create a scis- 8 sor-like action designed to kill an animal by 9 snapping an animal’s spinal column; and 10 (B) does not include any cage or box trap; 11 suitcase-type live beaver trap; mouse or rat 12 snap trap. 13 (3) CUSTOMS LAWS OF THE UNITED STATES.— 14 The term ‘‘customs laws of the United States’’ 15 means any other law or regulation enforced or ad- 16 ministered by the United States Customs Service. 17 (4) IMPORT.—The term ‘‘import’’ means to 18 land on, bring into, or introduce into, any place sub- 19 ject to the jurisdiction of the United States, whether 20 or not such landing, bringing, or introduction con- 21 stitutes an entry into the customs territory of the 22 United States. 23 VerDate Sep 11 2014 06:19 Dec 09, 2020 Jkt 019200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H8828.IH H8828 pbinns on DSKJLVW7X2PROD with BILLS 8 •HR 8828 IH (5) INTERSTATE COMMERCE.—The term ‘‘inter- 1 state commerce’’ has the meaning given such term 2 in section 10 of title 18, United States Code. 3 (6) SECRETARY.—The term ‘‘Secretary’’ means 4 the Secretary of the Interior. 5 SEC. 7. RULEMAKING. 6 The Secretary may make rules to carry out this Act. 7 SEC. 8. EFFECTIVE DATE. 8 This Act shall take effect 1 year after the date of 9 the enactment of this Act. 10 Æ VerDate Sep 11 2014 06:19 Dec 09, 2020 Jkt 019200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6301 E:\BILLS\H8828.IH H8828 pbinns on DSKJLVW7X2PROD with BILLS