[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4716 Introduced in House (IH)]
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117th CONGRESS
1st Session
H. R. 4716
To end the use of body-gripping traps in the National Wildlife Refuge
System, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 27, 2021
Mr. Nadler (for himself, Mr. Blumenauer, Mr. Kilmer, Mr. Cohen, Mr.
Connolly, Mr. Casten, Mr. Espaillat, Mr. Schiff, Ms. Eshoo, Mr. Peters,
Mr. Khanna, Ms. Velazquez, Mr. Swalwell, Ms. Wasserman Schultz, Ms. Lee
of California, Ms. Norton, Mr. Pocan, Ms. Brownley, Ms. Dean, Mr.
Krishnamoorthi, Mr. Lowenthal, Mr. Price of North Carolina, Mr. Smith
of Washington, Mr. DeFazio, Mrs. Carolyn B. Maloney of New York, Ms.
Schakowsky, and Mr. Sean Patrick Maloney of New York) introduced the
following bill; which was referred to the Committee on Natural
Resources
_______________________________________________________________________
A BILL
To end the 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 of
2021''.
SEC. 2. POSSESSION OR USE OF BODY-GRIPPING TRAP PROHIBITED.
The National Wildlife Refuge System Administration Act of 1966 (16
U.S.C. 668dd et seq.) is amended by adding at the end the following:
``SEC. 6. POSSESSION OR USE OF BODY-GRIPPING TRAP PROHIBITED.
``(a) In General.--Except as provided in subsection (b), no person
may possess or use a body-gripping trap in the System.
``(b) Exceptions.--
``(1) In general.--Subsection (a) shall not apply to the
use of a body-gripping trap--
``(A) by an agency of the Federal Government;
``(B) to--
``(i) control an invasive species (as such
term is defined in section 10(a) of the Fish
and Wildlife Coordination Act) to achieve
resource management objectives; or
``(ii) protect a species that--
``(I) is listed as endangered or
threatened under the Endangered Species
Act of 1973; or
``(II) the Secretary of the
Interior has designated as a sensitive
species; and
``(C) if--
``(i) such use is in accordance with
Federal and State law; and
``(ii) all viable nonlethal methods for
achieving a goal described in paragraph (1)
have been attempted and such documentation is
maintained at the headquarters of the
department that carried out such attempt.
``(2) Training.--Subsection (a) does not apply to training
in the dismantling of body-gripping traps.
``(c) Enforcement Provisions.--Notwithstanding section 4(f), a
person who possesses or uses a body-gripping trap in the System shall
be subject to the following:
``(1) In the case of a first offense, a civil fine of not
more than $500 imposed by the Secretary for each body-gripping
trap possessed or used.
``(2) In the case of a subsequent offense--
``(A) a civil fine of not more than $1,000 imposed
by the Secretary for each body-gripping trap possessed
or used;
``(B) imprisonment for not more than 180 days; or
``(C) both a civil fine and imprisonment in
accordance with subparagraphs (A) and (B).
``(d) Forfeiture of Body-Gripping Trap.--Any body-gripping trap
that is possessed or used in violation of this section, and any
wildlife captured by the use of such trap, including the 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 Court Costs and Other Associated Expenses.--A
person found to be in violation of subsection (a) shall pay all
associated court costs.
``(f) Regulations.--Not later than 120 days after the date of the
enactment of this section, the Secretary shall issue any regulations
necessary to carry out this section.
``(g) Definitions.--
``(1) Body-gripping trap.--In this section, the term `body-
gripping trap'--
``(A) except as provided in paragraph (3), 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 such trap;
and
``(C) does not include any--
``(i) cage or box trap; or
``(ii) suitcase-type live beaver trap.
``(2) Nonlethal methods.--The term `nonlethal methods'--
``(A) includes exclusions, barriers, harassment and
scaring devices, and any other method that does not
result in the death of target or non-target species,
except
``(B) does not include the use of a body-gripping
trap.''.
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