HB565 (2007) Detail

Prohibiting the use of leghold traps and conibear traps.


HB 565-FN – AS INTRODUCED

2007 SESSION

07-0910

10/03

HOUSE BILL 565-FN

AN ACT prohibiting the use of leghold traps and conibear traps.

SPONSORS: Rep. Vaillancourt, Hills 15; Rep. Gile, Merr 10; Rep. Leishman, Hills 6; Rep. Bettencourt, Rock 4; Sen. Roberge, Dist 9; Sen. Barnes, Dist 17

COMMITTEE: Fish and Game

ANALYSIS

This bill prohibits the use of the steel-jaw and padded steel-jaw leghold traps and conibear traps. The executive director of fish and game may, however, authorize members of the department of fish and game or other persons issued a special permit to use such traps.

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -

Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

07-0910

10/03

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Seven

AN ACT prohibiting the use of leghold traps and conibear traps.

Be it Enacted by the Senate and House of Representatives in General Court convened:

1 New Section; Steel Leghold Traps Prohibited. Amend RSA 210 by inserting after section 11-a the following new section:

210:11-b Steel Leghold Traps Prohibited; Penalty.

I. No person shall use steel-jaw or padded steel-jaw leghold traps or conibear or conibear type traps for trapping in this state.

II.(a) A steel-jaw or padded steel-jaw leghold trap is any device made of any material that is designed to close and hold on an animal’s leg or foot for any period of time.

(b) A conibear or conibear type trap is any conibear model trap or similar body-gripping trap or device, whether or not enclosed in or comprising part of a box, tube, or other enclosing device.

(c) Rat and mice traps designed for use in or under buildings and other structures, including any appurtenances to such buildings or structures, shall not be considered steel-jaw, padded steel-jaw, or conibear or conibear type traps.

III. Notwithstanding the provisions of paragraphs I and II, the executive director may authorize the use steel-jaw or padded steel-jaw leghold traps or conibear or conibear type traps by the following persons:

(a) Members of the department if the executive director determines that such a trap is necessary to protect the safety of humans, wild animals, or domestic animals.

(b) Persons who apply in writing to the executive director and are issued a special permit for a period not to exceed 30 days, provided the applicant shows that there exists on the person’s property an animal problem which cannot reasonably be abated by the use of traps other than those prohibited by this section.

IV. For the purpose of this section, the executive director may adopt rules, pursuant to RSA 541-A, relative to the use of steel-jaw and padded steel-jaw traps and conibear or conibear type traps under paragraph III.

V. Any person who violates the provisions of this section or rules adopted pursuant to this section shall, for the first offense, be guilty of a violation and shall lose such person’s license as a trapper or wildlife control operator for 8 months. For a second or subsequent offense, a person shall be guilty of a misdemeanor and shall lose such person’s license as a trapper or wildlife control operator for a period of 2 years.

2 Reference Added; Penalties. Amend RSA 210:19, I to read as follows:

I. For each offense under RSA 210:1-4 inclusive, and RSA 210:11-14, inclusive, except as provided in RSA 210:11-b, a person shall be guilty of a violation if a natural person, or guilty of a misdemeanor if any other person; and for each otter, mink, muskrat, raccoon, sable, marten, or fisher taken or possessed contrary to the provisions thereof, any person shall be guilty of an additional violation.

3 Effective Date. This act shall take effect January 1, 2008.

LBAO

07-0910

01/26/07

565-FN - FISCAL NOTE

AN ACT prohibiting the use of leghold traps and conibear traps.

FISCAL IMPACT:

      The Fish & Game Department has determined this bill will decrease state fish & game fund revenue and increase state fish & game fund expenditures and local expenditures by an indeterminable amount in FY 2008 and each fiscal year thereafter. There will be no fiscal impact on county and local revenue or county expenditures.

METHODOLOGY:

    The Fish & Game Department states this bill bans the use of conibear and leg hold traps, which would essentially eliminate trapping in the state. The Department states fish & game fund revenue from fees for trapping licenses and wildlife control operator licenses may decrease by an indeterminable amount. The Department states it collected $9,309 in trapping license fees and $5,740 in wildlife control operator license fees in FY 2006.

    The Department further states that it would also lose an important wildlife management tool, resulting in an increase in wildlife nuisance complaints, which may increase Department and local expenditures for responding to such complaints.