SB631

SECTION 1. The legislature finds that it is important to preserve, protect, and conserve the State'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.

Although hunting is a popular sport for many, the legislature further finds that it is important that the sport be regulated to ensure public safety, wildlife protection and preservation, and especially the humane treatment of any game bird or mammal. Under section 183D-21, Hawaii Revised Statutes, a hunting license issued by the department is required of any individual who wishes to hunt, pursue, kill, or take any game bird or mammal in Hawaii.

Body grip traps, commonly referred as Conibear traps, are popular devices used by hunters mainly for the trapping of small game mammals. The traps consist of two rectangular frames that are hinged together midway on the long side to open and close like scissors. Originally intended to be an "instant killing" device, the trap is designed to snap shut in a scissor-like fashion on an animal's spinal column at the base of the skull. However, because it is impossible to control the size, species, and direction of the animal entering the trap, most animals do not die quickly when trapped, and instead endure prolonged suffering, and eventually die of its injuries.

Only a handful of states have banned hunters from using body grip traps because the traps are considered "quick killing" devices, and are not considered a threat to public safety or cruel to animals. Numerous research studies have confirmed, however, that the body grip trap does not kill instantly, and the trap has been cited as a device that causes inhumane treatment and cruelty to animals. Domestic animals are frequent victims of the trap, and there are numerous reported cases of dogs and cats found dead or severely injured after being caught in these devices. It is not known how many hunters in Hawaii use body grip traps to capture and kill game mammals. Existing laws and administrative rules do not ban these types of traps and they are easily accessible for purchase on the Internet. Thus, hunters in Hawaii are not restricted from using these traps while hunting.

The purpose of this Act is to ban the use of body grip traps for hunting purposes in Hawaii and establish penalties for hunters who are found to be using these types of traps.

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

"§183D- Hunting; body grip traps; penalties. (a) No person shall use, set, maintain, or possess a body grip trap to hunt for and kill any game mammal in the State.

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

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

""Body grip trap" means any trap used to capture and kill game mammals that consists of two metal rectangular frames hinged together midway on the long side, which is designed to snap shut in a scissor-like fashion on an animal's spinal column at the base of the skull."

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

"(b) Any person violating section 183D- , 183D-25.5, 183D-26, 183D-27, 183D-32, 183D-62, or 183D-64 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 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 used in the commission of such violations shall be considered contraband to be forfeited to and disposed of by the State."

SECTION 5. New statutory material is underscored.

SECTION 6. This Act shall take effect upon its approval.

INTRODUCED BY:	_____________________________

THE SENATE	S.B. NO.	631
TWENTY-FOURTH LEGISLATURE, 2007
STATE OF HAWAII