Agenda - 05-26-1987 - Laserfiche WebLink

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Provisions New erne Tr a pp i Law BE IT ENACTED by the Senate and Gen- 7. A person using a steel jaw leghold type eral Assembly of the State of New Jersey: animal trap in violation of any rule or reg- ulation under this act shall, for each illegal 1. No person shall manufacture, sell, offer for sale, possess, import or transport an ani trap involved, be fined not less than $50.00 mal trap of the steel jaw leghold types. nor more than$250.00 for a first offense; not less than $250.00 nor more than $500.00 for 2. No person shall take or attempt to take a second offense; not less than $500.00 nor any animal by means of a trap of the steel- more than $2,500.00 for a third or subse- jaw leghold type. quent offense. 3. The possession of a trap of the steel jaw 8. All equipment used in, or animals and leghold type shall be prima facie evidence of pelts obtained by a violation of section 2 of a violation of section 2 of this act except un- this act shall be confiscated by any law en- der the circumstances indicated by section 5 forcement agency enforcing this act. This of this act. bill shall not be construed to authorize the 4. The Board of Governors of Rutgers, confiscation of animals and pelts other than those which have been obtained in violation The State University, shall direct the De partment of Wildlife Management at Cook of section 2 of this act and which are either College to conduct a study to identify or held by a trap or in the possession of a vio- develop an animal trap which substantially lator. reduces injury and pain to both targeted and 9. Section 4 of P. L. 1971, c. 405 (C. 23: nontargeted animals which are caught in the 4-38.3) is amended to read as follows: trap and which could serve as an alternative 4. Any person violating the provisions of to the steel jaw leghold type animal trap. [sections 2 or] section 3 of this act shall be The results of this study shall be published in subject to a fine of not more than $50.00 for a report to the New Jersey Fish and Game each offense and to the forfeiture of his li- Council, hereinafter referred to as the"coun- cense to trap. cil," in the Department of Environmental Protection within one year of the effective 10. Section 2 of P. L. 1971, c. 405 (C. 23: date of this act. For the purposes of this act, 4-38.1) is repealed. the steel jaw leghold type animal trap does 11. This act shall take effect immediately, not mean mouse and rat traps designed for except that sections 1, 2, 3, 7, 9 and 10 shall use in or under buildings. take effect upon the adoption by the council of regulations implementing its duties under 5. This act shall not be construed to pre- vent the use of steel jaw leghold traps for the section 6 of this act, or in 18 months, which- purpose of exhibition by humane or educa- tional institutions and organizations, or the Passed Assembly: 2/6/84 possession of such traps by a person in the Signed by Governor: 4/28/84 act of turning over the traps to a law enforce- ment agency. Passed Senate: 2/23/84 6. The council shall, pursuant to the"Ad- Effective Date: 10/85 ministrative Procedure Act," P. L. 1968, c. NOTE: HSUS would prefer that a bill go 410 (C. 52:14B-1 et seq.), adopt the rules into effect immediately rather than in 18 months. Also, it is always wise to include a and regulations necessary to carry out the provisions of this act. These regulations shall separability clause declaring that if any por provide at least the following: tion of the bill is ruled invalid, the remaining If the study conducted pursuant to section portions are still in effect. 4 of this act identifies or develops a suitable alternative animal trap, the council shall es- tablish a program for the phased withdrawal of the steel jaw leghold animal trap from use in the State which prescribes the conditions NE. under which the suitable alternative may be used, which withdrawal must occur within 1" \ , ' The Humane. Society 18 months of the effective date of this act. , \ of the United States ® 2100 L ST., NW, WASHINGTON, DC 20037