Bill Text: HI SB733 | 2012 | Regular Session | Introduced

Hawaii Senate Bill 733 (Prior Session Legislation)

Introduced

Bill Title: Wildlife; Traps; Snares

Spectrum: Partisan Bill (Democrat 12-0)

Status: (Introduced - Dead) 2011-12-01 - Carried over to 2012 Regular Session. [SB733 Detail]

Download: Hawaii-2012-SB733-Introduced.html

THE SENATE	S.B. NO.	733
TWENTY-SIXTH LEGISLATURE, 2011
STATE OF HAWAII

A BILL FOR AN ACT

relating to wildlife.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

SECTION 1. The legislature finds that it is important to preserve, protect, and conserve Hawaii's wildlife. The department of land and natural resources, under chapter 183D, Hawaii Revised Statutes, is authorized to manage and administer the wildlife and wildlife resources of the State, including enforcing laws relating to protecting, taking, hunting, killing, propagating, or increasing the wildlife within the State.

Body crushing traps are devices used mainly for the lethal trapping of small game mammals. Originally intended to be an "instant killing" device, body crushing traps are designed to snap shut in a scissor-like fashion on an animal's spinal column at the base of the skull. Foot and leg-hold traps spring closed when an animal steps on them. Because it is impossible to control the size, species, and direction of the animal entering the traps, many animals do not die quickly when trapped, and instead endure prolonged suffering and eventual death.

A study released in 1997 by the International Association of Fish and Wildlife Agencies confirmed that a body crushing trap often does not kill trapped animals instantly, and the trap is often cited as a device that causes inhumane treatment and cruelty to animals. Domestic animals are frequent victims of body crushing traps, and there are numerous reported cases of dogs and cats found dead or severely injured after being caught in these devices. Since existing laws and administrative rules do not prohibit or regulate the use of body crushing traps or snares, both are easily purchased on the Internet.

The purpose of this Act is to prohibit the use of body crushing traps, snares, and non-padded or non-laminated foot or leg-hold traps, regulate the use of snares and foot or leg-hold traps, and establish penalties for violations.

SECTION 2. Chapter 183D, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§183D- Wildlife; body crushing traps; foot or leg-hold traps; snares; prohibited activities; penalties. (a) No person shall knowingly, intentionally, or recklessly use, set, or maintain:

(1) A body crushing trap;

(2) A foot or leg-hold trap that is not padded or laminated; or

(3) A snare in an area zoned as residential or any other area prohibited by law or rule, to hunt, capture, or kill any animal.

(b) Any person using a snare or padded or laminated foot or leg-hold trap to hunt, capture, or kill any animal shall:

(1) Possess a valid hunting license or permit issued by the department, or written authorization issued by the board, and shall attend any training required by the department and abide by all rules adopted pursuant to this section;

(2) Have a metal identification tag, affixed at all times during use, to the snare or foot or leg-hold trap with the person's name and contact phone number; and

(3) Check the snare or foot or leg-hold trap a minimum of once every twenty-four hours once the trap is set and, upon request, present written documentation to the department verifying when and by whom the snare or trap was checked.

(c) Any dog or cat captured using any snare or foot, leg-hold, or body crushing trap shall be immediately checked for identification and reported to the designated county animal control contractor and, upon request, be turned over to the designated animal control contractor.

(d) Exemptions:

(1) This section shall not apply to state or federal agencies acting pursuant to a mandatory statutory duty for the protection of species listed as threatened or endangered, or other wildlife species protected by law;

(2) Subsection (b)(3) shall not apply to state, federal, or private conservation agencies trapping feral or injurious species in remote areas for conservation purposes; provided that the agency first obtains a written waiver of the twenty-four hour snare and trap check requirement from the department stating the grounds for the waiver and the new time interval within which the snare or foot or leg-hold trap shall be checked; and

(3) This section shall not apply to accepted practices for rodent control.

(e) Any person violating this section or any rule adopted pursuant to this section shall be guilty of a misdemeanor under section 183D-5(b).

(f) The department shall adopt rules pursuant to chapter 91 to carry out the purposes of this section."

SECTION 3. Section 183D-1, Hawaii Revised Statutes, is amended by adding three new definitions to be appropriately inserted and to read as follows:

""Body crushing trap" means a contrivance consisting of metal or steel, other than a snare or foot or leg-hold trap, designed to kill by crushing the body or severing the spinal cord of any animal, including game, game birds, game mammals, predators, wild birds, wildlife, or wild mammals.

"Foot or leg-hold trap" means a contrivance consisting of metal or steel which is designed to capture and hold any animal including game, game birds, game mammals, predators, wild birds, wildlife, or wild mammals, by a foot or limb.

"Snare" means a contrivance consisting of a noose, regardless of material, designed to capture, trap, or kill any animal, including game, game birds, game mammals, predators, wild birds, wildlife, or wild mammals."

SECTION 4. Section 183D-5, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

"(b) Any person violating section 183D-25.5, 183D-26, 183D-27, 183D-32, 183D-62, [or] 183D-64, or 183D- shall be guilty of a misdemeanor, and upon conviction thereof, shall be punished as follows:

(1) For a first conviction by a mandatory fine of not less than $200, or by imprisonment of not more than one year, or both;

(2) For a second conviction within five years of a previous conviction, by a mandatory fine of not less than $1,000, or by imprisonment of not more than one year, or both, and all firearms, snares, or traps used in the commission of such violations shall be considered contraband to be forfeited to and disposed of by the State; and

(3) For a third or subsequent conviction within five years of the first two or more convictions, by a mandatory fine of not less than $2,000, or by imprisonment of not more than one year, or both, and all firearms, snares, or traps used in the commission of such violations shall be considered contraband to be forfeited to and disposed of by the State."

SECTION 5. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

SECTION 6. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 7. This Act shall take effect upon its approval.

INTRODUCED BY:	_____________________________

Report Title:

Wildlife; Traps; Snares

Description:

Prohibits the use of body crushing traps and non-padded or non‑laminated foot or leg-hold traps and provides exemptions, regulates the use of snares and padded or laminated foot or leg‑hold traps and provides exemptions, and establishes penalties for violations.

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.