Fur or Trapping: Related Statutes

Statute by categorysort ascending Citation Summary
WY - Hunting - § 23-3-304. Certain trapping devices unlawful; game for bait prohibited; W. S. 1977 § 23-3-304

This Wyoming statute prohibits certain trapping devices, such as pit, pitfall, net, trap, deadfall, poison, etc. It is illegal to take or use a game animal to bait a trap or to poison any wildlife. A violation is a high misdemeanor.

WY - Hunting - Article 4. Miscellaneous Acts Prohibited (hunter harassment) W. S. 1977 §§ 23-3-401 to 407

This section of Wyoming laws relates to miscellaneous prohibited hunting acts. Included is the state's hunter harassment law, which provides that no person shall with the intent to prevent or hinder the lawful taking of any wildlife. Violation is a "low misdemeanor." Article 4 also includes a 2009 law that prohibits remote hunting that allows a person not physically present to remotely control a weapon to kill wildlife.

WY - Fur - Article 3. Miscellaneous Fees; Taxidermists; Trapping; Fur Dealers. W. S. 1977 §§ 23-2-301 to 307

This set of Wyoming laws sets forth the requirements and costs to obtain trapping and taxidermist licenses. Any trap or snare found in the field not bearing the name and address of the owner of the trap or snare or the identification number assigned by the department to the owner of the trap or snare may be confiscated by any employee of the department. Any landowner or his agent may inspect any trap or snare set on his property, may remove the trap or snare and may release or remove from the trap or snare any wildlife which has not been taken lawfully. However, it is a "low misdemeanor" to tamper with or remove any trap or snare set or maintained in compliance with this act or release a furbearer or predator found in a legal trap.

WV - Hunting - § 20-2-2a. Interference with hunters, trappers and fishermen W. Va. Code, § 20-2-2a

This law reflects West Virginia's hunter harassment provision. Under the law, a person may not willfully obstruct or impede the participation of any individual in the lawful activity of hunting, fishing or trapping. Violation is a misdemeanor with a fine of not less than $100 and not more than $500 or imprisonment for 10 - 100 days, or both. Subsequent violations within two years of any prior violation result in a fine of up to $1000 and imprisonment for up to one year, or both. A violator is also liable to the person for damages.

WI - Hunting - 29.083. Interference with hunting, fishing or trapping W. S. A. 29.083

This law reflects Wisconsin's hunter harassment provision. Under the law, no person may interfere or attempt to interfere with lawful hunting, fishing or trapping with the intent to prevent the taking of a wild animal. It is an affirmative defense to the prosecution for violation of this section if the defendant's conduct is protected by his or her right to freedom of speech under the constitution of this state or of the United States. A court may enjoin action prohibited under this statute and may award damages, including punitive and special damages, to a person adversely affected.

WI - Fur - 29.627. Domestic fur-bearing animal farms W. S. A. 29.627

This Wisconsin law states that fur farming constitutes an "agricultural pursuit." Any such animals raised in captivity are domestic animals for purposes of ownership, possession, and taxation.

WI - Fur - 100.35. Furs to be labeled W. S. A. 100.35

This law represents Wisconsin's fur labeling law. The law states that no person shall sell or offer or display for sale any coat, jacket or other garment made wholly or partially of fur without a label that states in English the species of fur or pelt used. This section does not apply to such garments displayed, offered, or sold at a price of less than $50.

WI - Exotic pets - Chapter 169. Captive Wildlife W. S. A. 169.01 - 46

The Wisconsin wildlife laws require a license to take a wild animal from the wild or to import one into the state. A license is also required to exhibit, breed, rehabilitate, hunt, and/or purchase wild animals. Violations can result in fines, forfeiture, and/or imprisonment.

WI - Dangerous dog - 174.11. Claims for damage by dogs to domestic animals including ranch mink W. S. A. 174.11

This Wisconsin provides that the owner of any domestic animal, including a ranch mink, which is attacked, chased, injured or killed by a dog may, within 3 days after the owner has knowledge or notice thereof, file a written claim for damages with the clerk of the town, village or city in which the damage occurred.  A hearing then occurs where witnesses may be subpoenaed under oath, and testimony relative to the claim is taken.  The county board shall allow, as the amount of a claim for a domestic animal, including a ranch mink, injured by a dog, the amount determined to be the total of the costs resulting from the injury including a loss in fair market value but the total amount of the claim may not exceed the fair market value.

Wales - Fur, mink - The Mink Keeping (Prohibition) (Wales) Order 2012 2012 No. (W. ) An Order imposing an absolute prohibition upon the keeping of mink in Wales.
WA - Initiatives - Washington Initiative 713 (trapping) Initiative 713 (2000) This Washington initiative passed in 2000 made it a gross misdemeanor to capture an animal with a steel-jawed leghold trap, neck snare, or other body-gripping trap. The director of fish and wildlife could grant special circumstance exceptions. It is also unlawful to knowingly buy or sell an animal pelt trapped in this manner. It is also a gross misdemeanor to poison any animal using sodium fluoroacetate (Compound 1080) or sodium cyanide (violators lose trapping licenses).
WA - Fur - Chapter 77.15. Fish and Wildlife Enforcement Code (Unlawful Trapping Provisions) West's RCWA 77.15.190 - 194

This set of Washington laws describes unlawful trapping. A person is guilty of misdemeanor unlawful trapping if the person sets out traps without the necessary licenses or permits; violates any rule on seasons or bag limits; or fails to identify the owner of the traps or devices with a tag or inscription. The director may revoke the trapper's license of a person placing unauthorized traps on private property and may remove those traps. It is unlawful to use or authorize the use of any steel-jawed leghold trap, neck snare, or other body-gripping trap to capture any mammal for recreation or commerce in fur except as provided in Section 77.15.194.

WA - Coyotes - 9.41.185. Coyote getters West's RCWA 9.41.185

This Washington law provides that the use of "coyote getters" is not a violation of law when their use is authorized by the state department of agriculture and/or the state department of fish and wildlife in cooperative programs with the United States Fish and Wildlife Service. The purpose must be to control or eliminate coyotes that are harmful to livestock or game animals.

VT - Fur - Chapter 173. Domestic Fur-Bearing Animals 6 V.S.A. § 3071 - 3073

Note: §§3071 to 3073. Repealed by 2015, No. 61, § 13, eff. June 17, 2015. Under these Vermont statutes, the owner of domestic fur-bearing animals enjoy the same property rights as any other domestic animal. No one may enter the enclosure of, or knowingly and wilfully kill, trap, or injure a fur-bearing animal without permission from the owner. A violation may result in a fine of up to $200 and/or imprisonment up to six months.

VA - Nuisance animals - § 29.1-517. Trapping and shooting of fur-bearing animals during closed season VA Code Ann. § 29.1-517

This Virginia law states that a landowner may shoot fur-bearing animals upon his own land during closed season when these animals are causing damage to crops or property, or are posing a threat to human health or safety, or are otherwise causing a nuisance.

 

VA - Hunting - § 29.1-521.1. Willfully impeding hunting or trapping; penalty Va. Code Ann. § 29.1-521.1 & § 29.1-529

This law reflects Virginia's hunter harassment provision. Under the law, it is unlawful to willfully and intentionally impede the lawful hunting or trapping of wild birds or wild animals. Violation is a Class 3 misdemeanor.

VA - Fur - § 3.2-6589. Selling garments containing dog or cat fur prohibited; penalty Va. Code Ann. § 3.2-6589

This Virginia statute makes it illegal to sell a garment containing the fur of a "domestic" dog or cat.  Violation incurs up to a $10,000 penalty.

VA - Fur - § 3.2-6570. Cruelty to animals; penalty (dog/cat fur prohibition) Va. Code Ann. § 3.2-6570

In Virginia, it is unlawful for any person to kill a domestic dog or cat for the purpose of obtaining the hide, fur or pelt of the dog or cat. A violation of this subsection is a Class 1 misdemeanor. A second or subsequent violation of this subsection is a Class 6 felony.

UT - Nuisance Animals - Chapter 18. Furbearers. U.C.A. 1953 § 23-18-1 to 6

These Utah statutes require a furbearer license to take furbearers, except for red fox, striped skunk, or beavers that are doing damage to private property (with authorization). Fur dealers must have a fur dealer certificate of registration from the Division of Wildlife Resources.

US - Fur, dog and cat fur products - Chapter 4. Tariff Act of 1930. 19 U.S.C.A. § 1308

This federal statute prohibits commerce in dog or cat fur.  Specifically, the statute forbids import into, or export from, the United States of any dog or cat fur product; or the introduction into interstate commerce, manufacture for introduction into interstate commerce, sell, trade, or advertise in interstate commerce, offer to sell, or transport or distribute in interstate commerce in the United States, any dog or cat fur product.  The exception under the act is for the importation, exportation, or transportation, for noncommercial purposes, of a personal pet that is deceased, including a pet preserved through taxidermy.

US - Fur - Subchapter IV. Labeling of Fur Products 15 USCA § 69 et seq.

The Fur Products Labeling Act, 15 U.S.C. § 69, declares that fur products will be considered “misbranded” if “falsely or deceptively labeled” or identified, and/or if the product does not contain a label that legibly shows the name(s) of the animals from which the fur was taken, the name or other identification of the person(s) who manufactured the fur, and the country of origin of the fur.  The label must also state, if true, that the fur product contains used or artificially colored fur, and/or if it is “composed in whole or in substantial part of paws, tails, bellies, or waste fur.”  However, the law defines “fur product” as an article of clothing that is made in whole or in part by fur, but states that the Commission can exempt articles because of the small quantity of fur they contain.  The Federal Trade Commission has deemed “relatively small quantity or value” to equal $150, which means “multiple animal pelts [can exist] on a garment without a label.”

UK - Fur - Fur Farming (Prohibition) Act 2000 2000 CHAPTER 33

An Act to prohibit the keeping of animals solely or primarily for slaughter for the value of their fur; to provide for the making of payments in respect of the related closure of certain businesses; and for connected purposes.

TX - Hunting - § 62.0125. Harassment of Hunters, Trappers, and Fishermen V. T. C. A., Parks & Wildlife Code § 62.0125

This law represents Texas' hunter harassment law, also known as the Sportsman's Rights Act. Under the section, a person may not intentionally interfere with another person lawfully engaged in the process of hunting or catching wildlife, or intentionally harass, drive, or disturb any wildlife for the purpose of disrupting lawful hunting. Violation is a Class B misdemeanor. It is an affirmative defense to prosecution that the defendant's conduct is protected by the right to freedom of speech under the constitution of this state or the United States.

TN - Wildlife - Part 2. Wildlife Regulation and Protection T. C. A. § 70-4-201 - 211

These Tennessee statutes make it unlawful to barter, sell, transfer, or to purchase any wildlife without a hunting or fishing license. The unlawful importation, possession, or sale of skunks or red foxes is a Class C misdemeanor. The statutes also impose requirements on transport and storage of other wildlife.

SD - Trap - 41-8-28. Trap robbing or injury as misdemeanor S D C L § 41-8-28

This South Dakota law provides that any person who steals, damages or destroys a trap of another, or who steals, damages, or destroys animals, animal carcasses, or the pelts thereof, held fast by such traps, is guilty of a Class 1 misdemeanor.

SD - Fur - Chapter 40-35. Domesticated Fur-Bearing Animals. S D C L § 40-35-1 to 6

These South Dakota statutes pertain to domesticated fur-bearing animals. These animals are subject to private ownership, and documentation is required to possess live fur-bearing animals. Products made from domestic furbearers are considered to be agricultural products and breeding such animals, or marketing the products, is an agricultural pursuit subject to the Department of Agriculture.

SC - Hunting - Article 13. Fox and Coyote Hunting Enclosures Code 1976 § 50-11-2600 - 2650

Under these South Carolina statutes, it is unlawful to buy, sell, transfer, possess, or release a live coyote or fox except as permitted. Foxes and coyotes obtained to stock hunting enclosures may be obtained only by the enclosure owner or operator from a South Carolina licensed trapper. A violation of any provision is a misdemeanor; the first offense is punishable by a fine of $50-500, and/or imprisonment up to 30 days.

SC - Fur - Article 12. Trapping Furbearing Animals, Regulation of Dealers, Buyers, Processors, Code 1976 § 50-11-2400 - 2575

In South Carolina, a state hunting license and a commercial fur license are required to sell or take   furbearing animals for commercial purposes. Trappers may only set traps during trapping season, must show proof of ownership of property or permission to use property where traps are set, must visit his traps daily, and remove any animals caught in the trap. A violation of these statutes is a misdemeanor, which may result in a fine, imprisonment, and/or revocation of a license.

RI - Hunting - § 20-13-16. Harassment of hunters, trappers, and fishers prohibited Gen. Laws, 1956, § 20-13-16

This law reflects Rhode Island's hunter harassment law. The law provides that no person shall obstruct or interfere with the lawful taking of wildlife by another person at the location where the activity is taking place with intent to prevent the lawful taking. The language states that the listed actions must be done intentionally or knowingly. Violation results in a "civil violation" with a forfeiture of not less than $100 nor more $500.

RI - Fur - Chapter 16. Fur-Bearing Animals Gen.Laws 1956, § 20-16-1 to 18

These laws mandate how fur-bearing mammals may be hunted and trapped, and the issuance of trapping licenses. In order to set traps for fur-bearers, a person must have a trapping license from the department of environmental management. Steel jawed leghold traps are not allowed with some exceptions, A violation may result in a fine and/or imprisonment, and the revocation of the trapping license.

PA - Furtaking - Subchapter D. Furtaking Regulations 34 Pa.C.S.A. § 2361 - 2364

These Pennsylvania statutes make it unlawful to take, kill, wound, capture or possess any furbearers except during open season and without a permit. It is also illegal to set traps closer than five feet from a den, use a pole trap, deadfall, poison, explosive, chemical, leg-hold trap with teeth on the jaws, to smoke out or dig out any den, to set or place a cage or box trap in the water, or use any trap unless tended every 36 hours and all animals are released or removed. A violation relating to bobcat or otter is a summary offense of the fourth degree; other violations are a summary offense of the fifth degree.

PA - Fur - Dog and Cat Product Act 73 P.S. § 210-1 to 6

This set of laws represents the Dog and Cat Product Act. The act provides that no person shall sell or offer for sale, wholesale or retail, the fur, skin or hair of a dog or cat or any product or part of a product containing the fur, skin or hair of a dog or cat. Violation of the act commits a misdemeanor of the third degree. Subsequent offenses committed within five years of a prior conviction for the same offense constitutes a misdemeanor of the first degree.

OR - Initiatives - Oregon Initiative 97 (Bans Body-Gripping Animal Traps) Initiative 97 (2000) (failed) This 2000 Oregon initiative would have eliminated the use of steel-jawed, leghold or other body-gripping traps and poisons. It was defeated by voters, 58.5% to 41.2%.
OR - Fur - 167.390. Commerce in fur of domestic cats and dogs O. R. S. § 167.390

In Oregon, a person may not take, buy, sell, barter or otherwise exchange for commerce in fur purposes the raw fur or products that include the fur of a domestic cat or dog if the fur is obtained through a process that kills or maims the cat or dog. Violation is a Class A misdemeanor when the offense is committed with a culpable mental state as defined in ORS 161.085.

OK - Hunting - § 5-212. Obstruction of shooting, hunting, fishing and trapping prohibited--Landowner's rights--Penalties--Exempt 29 Okl. St. Ann. § 5-212

This law reflects Oklahoma's hunter harassment provision. Under the law, a person may not willfully obstruct or impede the participation of any individual in the lawful activity of shooting, hunting, fishing or trapping in this state. Violation is a misdemeanor with a fine of $100 to $500. A person convicted under this section is also liable to the person affected for all costs and damages resulting from the interference.

OK - Fur/Trapping - Part 5. Trapping 29 Okl. St. Ann. § 5-501 - 504

Under these Oklahoma statutes, no person may trap on the land of another without a written permit.  Only certain traps are allowed and traps must be tended once every 24 hours. A conviction is punished by a fine of $25-200. All persons engaged in the business of buying raw pelts must keep a daily register. A conviction is punished by a fine of $10-$50.

OH - Hunting - Chapter 1533. Hunting; Fishing. General Provisions. R.C. § 1533.03 - 1533.031

This section reflects Ohio's hunter harassment provisions. No person shall purposely prevent or attempt to prevent any person from hunting, trapping, or fishing for a wild animal. A person who is or may be reasonably affected by the prohibited conduct can seek an injunction. The companion statute also provides that no person shall purposely prevent or attempt to prevent hunting by creating noise or loud sounds through the use of implements that are intended to affect the behavior of the wild animal being hunted.

OH - Fur - Chapter 1533. Hunting; Fishing. Fur Dealers R.C. § 1533.23 - 1533.27

Under these Ohio statutes regulating fur dealers, no person may deal in or buy green or dried furs, skins, or parts taken from fur-bearing animals of the state without a fur dealer's permit. Fur dealers are also required to keep a daily record.

NY - Fur - Title 11. Trapping McKinney's E. C. L. § 11-1101 to 11-1109

This set of New York laws sets forth the state's trapping laws. Among the laws includes a ban on traps of the leg-gripping type having teeth in the jaws; traps that operate such that wildlife is suspended when caught; and noose-type snares. No person shall set or use a body gripping type trap with a dimension of more than 7 1/2 inches except as provided by state rules for for trapping beaver or otter during the open season. Traps must bear the name and residence address or the assigned identification number of the operator at all times. Traps must be visited once every 24 hours except in the Northern Zone where it's once every 48 hours.

NY - Fur - Chapter 20. Of the Consolidated Laws. McKinney's General Business Law § 399-aaa

Makes it illegal for any person, firm, partnership or corporation to knowingly import, sell at retail or manufacture clothing with fur which is not properly labeled as containing "faux fur" or "real fur."  Defines appropriate labeling by adding the appropriate description to the permanent tag attached to the clothing, a temporary tag to identify the clothing, or by affixing a sticker with the description in a conspicuous place on the clothing.  Sets the maximum punishment to not exceed a $500 fine for the first violation and not to exceed $1000 for each subsequent violation.

NV - Hunting - Chapter 503. Hunting, Fishing and Trapping N. R. S. 503.015

This law represents Nevada's hunter harassment provision. It is unlawful for a person, or a group of people acting together, to intentionally interfere with another person who is lawfully hunting or trapping. This section does not apply to any incidental interference from lawful activity by users of the public land, including without limitation ranchers, miners or persons seeking lawful recreation.

NM - Hunting - Chapter 17. Game and Fish and Outdoor Recreation. NMSA 1978, § 17-2-7.1

This law represents New Mexico's hunter harassment provision. It is unlawful for a person to commit interference with another person who is lawfully hunting, trapping or fishing in an area where hunting, trapping or fishing is permitted by a custodian of public property or an owner or lessee of private property. A first offense is a petty misdemeanor; a second or subsequent offense is a misdemeanor. This section does not apply to a farmer or rancher in pursuit of his or her normal farm or ranch operation or law enforcement officer in pursuit of his or her official duties.

NM - Fur/Trapping - Article 5. Trappers and Fur Dealers NMSA 1978, § 17-5-1 to 17-5-9

These New Mexico statutes regulate trappers and fur dealers. Fur-bearing animals, such as muskrat, mink, weasel, beaver, otter, nutria, masked or blackfooted ferret, ringtail cat, raccoon, pine marten, coatimundi, badgers, bobcat and foxes, may only be taken during certain seasons or with a permit and/or a license. Fur dealers must have a license to buy or sell skins. A violation of the statutes is a misdemeanor.

NJ - Fur - Unlawful Trapping (Article 2. Manner, Means and Times of Hunting) NJSA 23:4-20 to 23:22.8

This set of New Jersey laws describes what constitutes "unlawful trapping." The section prohibits pole traps with a fine of $20 for each pole trap illegally used. Further, the law states that no person shall manufacture, sell, offer for sale, possess, import, transport or use an animal trap of the steel-jaw leghold type. A person using a steel-jaw leghold type animal trap shall be fined not less than $50.00 nor more than $250.00 for a first offense; not less than $250.00 nor more than $500.00 for a second offense; not less than $500.00 nor more than $2,500.00 for a third or subsequent offense.

NJ - Fur - Chapter 14. Fur Products. NJSA 56:14-1 to 56:14-3

This law represents New Jersey's fur labeling law. Under the 2009 law, no person shall sell or offer to sell any new coat, jacket, garment or other clothing apparel made wholly or in part of fur, regardless of the price or value of the fur without the name of the animal(s) used to produce the fur and the name of the country of origin of any imported fur. A person who violates this act shall be subject to a penalty of not more than $500 for the first offense and not more than $1,000 for each subsequent offense, to be collected in a civil action by a summary proceeding.

NH - Hunting - Interference with Hunting, Trapping or Fishing. 207:57 Harassment. N.H. Rev. Stat. § 207:57

This represents New Hampshire's hunter harassment law. The law provides that no person shall purposely obstruct or impede the participation of any individual in the lawful activity of hunting, fishing or trapping while that individual is in a designated hunting area on public lands. The section does not apply to any incidental interference arising from the lawful and normal activities of public land users. Any person violating the provisions of this section shall be guilty of a violation.

NE - Wildlife - Article 2. Game Law General Provisions Neb. Rev. St. § 37-201 to 248

These statutes comprise the definitional section  of Nebraska's wildlife code. Among the definitions include game, aquaculture, wildlife, hunt, and take. (See also Chapter 37. Game and Parks. Article 4. Permits and Licenses. (B) Special Permits and Licenses ).

NE - Hunting - Chapter 37. Game and Parks. Neb. Rev. St. § 37-564 to 37-570

This set of laws represents Nebraska's hunter harassment provisions. The section provides that no person shall knowingly and intentionally interfere or attempt to interfere with another person who is not trespassing and who is lawfully hunting, trapping, or fishing or engaged in activity associated with hunting, trapping, or fishing. A court may enjoin conduct described under the section. The section states that it is an affirmative defense where the alleged violator was not trespassing at the time of the interference and was engaged in lawful activity in conflict with the hunting, trapping, or fishing activity. Any person violating section 37-564 shall be guilty of a Class III misdemeanor.

ND - Hunting - Chapter 20.1-01. General Provisions. NDCC 20.1-01-31

This law reflects North Dakota's hunter harassment provision. Under the law, no person may intentionally interfere with the lawful taking of wildlife on public or private land by another or intentionally harass, drive, or disturb any wildlife on public or private land for the purpose of disrupting a lawful hunt. Also, no person may remove with or tamper with a legally set trap. This section does not apply to any incidental interference arising from lawful activity by public or private land users or to landowners or operators interfering with hunters on land owned or operated by that individual.

NC - Fur/Dealer Licenses - Chapter 113. Conservation and Development. N.C.G.S.A. § 113-273

Defines "dealer" and all rules applicable to obtaining a dealer license. Defines "fur-dealer license" and "fur dealers" as those involved in the lawful buying and selling of wild animals or their skins, pelts, or fur. Defines "controlled hunting preserve operator licenses," "game bird propagation licenses," "furbearer propagation licenses" and "taxidermy licenses."

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