SENATE, No. 1214

STATE OF NEW JERSEY

INTRODUCED MAY 30, 1996

By Senator ZANE

An Act concerning traps of the steel-jaw leghold type and amending and supplementing P.L.1984, c.37.

    Be It Enacted by the Senate and General Assembly of the State of New Jersey:

    1. Section 1 of P.L.1984, c.37 (C.23:4-22.1) is amended to read as follows:

    1. No person shall manufacture, sell, offer for sale, possess, import or transport an animal trap of the unpadded steel-jaw leghold type.

(cf: P.L.1984, c.37, s.1)

    2. Section 2 of P.L.1984, c.37 (C.23:4-22.2) is amended to read as follows:

    2. No person shall take or attempt to take any animal by means of a trap of the unpadded steel-jaw leghold type.

(cf: P.L.1984, c.37, s.2)

    3. Section 3 of P.L.1984, c.37 (C.23:4-22.3) is amended to read as follows:

    3. The possession of a trap of the unpadded steel-jaw leghold type shall be prima facie evidence of a violation of section 2 of [this amendatory and supplementary act] P.L.1984, c.37 (C.23:4-22.2) except under the circumstances indicated by section 5 of [this amendatory and supplementary act] P.L.1984, c.37 (C.23:4-22.5).

(cf: P.L.1984, c.37, s.3)

    4. Section 4 of P.L.1984, c.37 (C.23:4-22.4) is amended to read as follows:

    4. The Board of Governors of Rutgers, The State University, shall direct the Department of Wildlife Management at Cook College to conduct a study to identify or develop an animal trap which substantially reduces injury and pain to both targeted and nontargeted animals which are caught in the trap and which could serve as an alternative to the steel-jaw leghold type animal trap. The results of this study shall be published in a report to the New Jersey Fish and Game Council, hereinafter referred to as the "council," in the Department of Environmental Protection within one year of the effective date of [this amendatory and supplementary act] P.L.1984, c.37 (C.23:4-22.1 et seq.). For the purposes of [this amendatory and supplementary act] P.L.1984, c.37 (C.23:4-22.1 et seq.), the steel-jaw leghold type animal trap, whether padded or unpadded, does not mean mouse and rat traps designed for use in or under buildings.

(cf: P.L.1984, c.37, s.4)

    5. Section 5 of P.L.1984, c.37 (C.23:4-22.5) is amended to read as follows:

    5. [This amendatory and supplementary act] The provisions of P.L.1984, c.37 (C.23:4-22.1 et seq.) shall not be construed to prevent the use of unpadded steel-jaw leghold traps for the purpose of exhibition by humane or educational institutions and organizations, or the possession of such traps by a person in the act of turning over the traps to a law enforcement agency.

(cf: P.L.1984, c.37, s.5)

    6. Section 6 of P.L.1984, c.37 (C.23:4-22.6) is amended to read as follows:

    6. The council shall, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), adopt the rules and regulations necessary to carry out the provisions of [this amendatory and supplementary act] P.L.1984, c.37 (C.23:4-22.1 et seq.). These regulations shall provide at least the following:

    If the study conducted pursuant to section 4 of [this amendatory and supplementary act] P.L.1984, c.37 (C.23:4-22.4) identifies or develops a suitable alternative animal trap, the council shall establish a program for the phased withdrawal of the unpadded steel-jaw leghold animal trap from use in the State which prescribes the conditions under which the suitable alternative may be used, which withdrawal must occur within 18 months of the effective date of [this amendatory and supplementary act] P.L.1984, c.37 (C.23:4-22.1 et seq.).

(cf: P.L.1984, c.37, s.6)

    7. Section 7 of P.L.1984, c.37 (C.23:4-22.7) is amended to read as follows:

    7. A person using [a] an unpadded steel-jaw leghold type animal trap in violation of P.L.1984, c.37 (C.23:4-22.1 et seq.), or any rule or regulation [under this amendatory and supplementary act] adopted pursuant thereto, shall, for each illegal trap involved, be fined not less than $50.00 nor more than $250.00 for a first offense; not less than $250.00 nor more than $500.00 for a second offense; not less than $500.00 nor more than $2,500.00 for a third or subsequent offense.

(cf: P.L.1984, c.37, s.7)

    8. Section 8 of P.L.1984, c.37 (C.23:4-22.8) is amended to read as follows:

    8. All equipment used in, or animals and pelts obtained by, a violation of section 2 of [this amendatory and supplementary act] P.L.1984, c.37 (C.23:4-22.2) shall be confiscated by any law enforcement agency enforcing [this amendatory and supplementary act] P.L.1984, c.37 (C.23:4-22.1 et seq.). [This bill] The provisions of P.L.1984, c.37 (C.23:4-22.1 et seq.) shall not be construed to authorize the confiscation of animals and pelts other than those which have been obtained in violation of section 2 of [this amendatory and supplementary act] P.L.1984, c.37 (C.23:4-22.2) and which are either held by a trap or in the possession of a violator.

(cf: P.L.1984, c.37, s.8)

    9. (New section) The provisions of P.L.1984, c.37 (C.23:4-22.1 et seq.) shall not be construed to prohibit the use of a trap of the padded steel-jaw leghold type for the purpose of trapping animals in accordance with law, any rule or regulation adopted pursuant thereto, and the State Fish and Game Code.

    10. This act shall take effect immediately.

STATEMENT

    This bill would authorize the use of padded steel-jaw leghold traps to trap animals. However, under the bill, the use of unpadded steel-jaw leghold traps would continue to be prohibited.

Authorizes use of padded steel-jaw leghold traps.