By Mr. Peterson of Grafton, petition (accompanied by bill, House, No. 834) of George N. Peterson, Jr., and Paul K. Frost for legislation to further regulate the trapping of fur-bearing animals.  Environment, Natural Resources and Agriculture.

The Commonwealth of Massachusetts

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PETITION OF:

George N. Peterson, Jr.

Paul K. Frost

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In the Year Two Thousand and Seven.

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An Act safegaurding our natural resources.

    Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:

SECTION 1:           Chapter 131 of the Massachusetts general Laws, as appearing in the 2002 Official Edition, is hereby amended by striking Section 80A in its entirety and inserting in place thereof the following:-

Section 80A. Notwithstanding any other provision of this of this chapter, a person shall not use, set, place, maintain, manufacture or possess any trap for the capture of fur bearing mammals, except for box or cage traps, nets, and traps designed to kill such mammals including common type mouse and rat traps, mole traps, and conibear type or other body gripping straps, as otherwise permitted by law. A box or cage type trap is one that confines the whole animal without grasping any part of the animal, including so-called Hancock or Bailey type traps for beaver.  Steel jaw foothold traps, padded jaw foothold traps, and snares are expressly prohibited.

The above provision shall not apply to the use of prohibited devices by federal and state departments of health for the purpose of protection from threats to human health and safety.

Whoever violates any provisions of this section, or any rule or regulation made under the authority thereof, shall be punished by a fine of not less than $300 nor more than $1000, or by imprisonment for each trap possessed, used, set, maintained, or manufactured.

Each day of violation shall constitute a separate offense.  A person found guilty of, or convicted of, or assessed in any manner after a plea of nolo contendere, or penalized for, a second violation of this section shall surrender to an officer empowered to enforce this chapter any trapping license and problem animal control permit issued to such person and shall be barred forever from obtaining a trapping license and a problem animal control permit.