Fur or Trapping: Related Statutes

Statute by categorysort ascending Citation Summary
MT - Initiative - I-177, Initiative to Prohibit Trapping and Snaring of Animals (2016) I-177 (2016) Initiative 177 is a law proposed by initiative petition (cited in the law as "Montana Trap-Free Public Lands Act"). According to the official summary, "I- 177 generally prohibits the use of traps and snares for animals on any public lands within Montana and establishes misdemeanor criminal penalties for violations of the trapping prohibitions. I-177 allows the Montana Department of Fish, Wildlife, and Parks to use certain traps on public land when necessary if nonlethal methods have been tried and found ineffective. I-177 allows trapping by public employees and their agents to protect public health and safety, protect livestock and property, or conduct specified scientific and wildlife management activities. I-177, if passed by the electorate, will become effective immediately." A "yes" vote is in favor of the law that would prohibit the use of traps and snares on state public lands. A "no" vote is a vote against the proposed law that would prohibit the public from placing traps and snares on public lands.
MT - Fur - Chapter 4. Commercial Activities. MCA 87-4-1001 to 87-4-1014

In Montana statutes, a person may not own or propagate furbearers unless the person holds a fur farm license. Each licensee must keep records as to the animals and purchasers involved.  A fur farm license may be revoked for failure to operate the fur farm according to the provisions.

MT - Commerce - 87-6-202 MCA 87-6-202

Under Montana State law, it is unlawful to buy, sell, or possess, or offer to buy, sell or possess any migratory game bird, game fish, or game animal.  The exceptions include the possession and transportation of legally taken game animals, the sale or purchase of hides, heads or mounts of legally acquired game animals, and the possession of naturally shed antlers of game animals, among other exceptions.

MO - Wildlife - Chapter 252. Department of Conservation--Fish and Game. V. A. M. S. 252.040

No wildlife shall be pursued, taken, killed, possessed or disposed of except in the manner, to the extent and at the time or times permitted by such rules and regulations; and any pursuit, taking, killing, possession or disposition thereof, except as permitted by such rules and regulations, are hereby prohibited. Any person violating this section shall be guilty of a misdemeanor except that any person violating any of the rules and regulations pertaining to record keeping requirements imposed on licensed fur buyers and fur dealers shall be guilty of an infraction and shall be fined not less than ten dollars nor more than one hundred dollars.   At least one case has held this statute to be applicable to dogs chasing deer.

MN - Hunting - Chapter 97A. Game and Fish. General Provisions. M. S. A. § 97A.037

This law reflects Minnesota's hunter harassment provision. This law prohibits the intentional interference with the taking of wild animals. A person is also prohibited from disturbing wild animals to prevent or disrupt their lawful taking. Further, a person who has the intent to violate this law may not enter or remain on public lands or private land without permission of the owner. A person must obey the order of a peace officer to stop the harassing conduct that violates this section if the officer observes the conduct. Violation of this subdivision is a misdemeanor.

MN - Hunting - Chapter 97A. Game and Fish. General Provisions. M. S. A. § 97A.105

In Minnesota, there are license requirements for breeding fur-bearing animals, game birds, bear, and mute swans. Fox and mink may not be bought or sold for breeding unless they have been pen-bred for at least two generations. Live beaver may not be transported without a permit. A violation may result in all animals being confiscated. It is not necessary to have a license to purchase live game birds or their eggs if the birds are released, consumed, or processed within one year.

MN - Fur - Chapter 17. Department of Agriculture. Fur Farming M.S.A. § 17.351 - 17.37

This set of Minnesota laws relates to fur farming. Under the section, fur-bearing animals are domestic animals and products of fur-bearing animals are agricultural products. A fur farmer is engaged in an agricultural pursuit. A fur farmer may register annually with the state commissioner for $10. A registered fur farmer must file a verified report of the number of pelts of each species of fur-bearing animal sold during the preceding calendar year.

MI - Trapping - Chapter 324. Natural Resources and Environmental Protection Act. M.C.L.A. 324.42501 - 42507

These sections describe the regulations for trapping for furs, hides and pelts. This includes the requirement for a fur dealer's license and for a monthly report of all pelts on hand.

MI - Hunting and Fishing Licenses - Chapter 324. Natural Resources and Environmental Protection Act. M.C.L.A. 324.43501 - 43531b

These sections describe the required licenses for each type of game animal or aquatic species.

MI - Foxes - Chapter 324. Natural Resources and Environmental Protection Act. M.C.L.A. 324.43101 - 43104

These sections lay out the regulations and prohibited acts with regard to foxes in captivity.

MD - Fur - Title 10. Wildlife. MD Code, Natural Resources, § 10-408.1

This Maryland law restricts some forms of trapping. Specifically, it provides that a person, while trapping or attempting to trap animals, may not place, set, maintain, or operate any snares, body-gripping, or leghold traps within 150 yards of a permanent human residence. However, the restriction does not apply to body-gripping traps with a jaw spread of less than 6 inches that are placed, maintained, and operated completely submerged in water or snare-type traps used to catch rats or mice.

MA - Fur, labeling - Chapter 94. Inspection and Sale of Food, Drugs and Various Articles. M.G.L.A. 94 § 277A

This law represents Massachusetts' fur labelling law. Under the law, all natural, dyed or imitation furs, and all articles made wholly or partly therefrom, sold at retail within the commonwealth, shall be plainly marked or labelled with an accurate statement of the material which they contain, together with the name and address of the seller. Whoever violates any provision of this section shall be punished by a fine of not more than two hundred dollars.

MA - Fur - Chapter 131. Inland Fisheries and Game and Other Natural Resources. M.G.L.A. 131 § 80A

Massachusetts law provides that a person may not use or possess any trap for capturing furbearing mammals except for common mouse and rat traps, nets, and box or cage traps. Traps designed to capture and hold a furbearing mammal by gripping the mammal's body, or body part are prohibited, including steel jaw leghold traps, padded leghold traps, and snares. This prohibition does not apply to federal, state, or municipal departments for the protection from threats to human health and safety (e.g., beaver or muskrat caused flooding or damage).

KY - Trade - Buying and selling protected wildlife KRS § 150.180; 150.390; 150.990

These statutes relate to trade in wildlife. The first statute prohibits the trade in protected wildlife. The next law prohibits the hunting of bears. Finally, the Kentucky statute providing punishment for violation of aforementioned statutes is provided.

KS - Hunting - Unlawful Acts. 32-1014. Obstruction or impeding of lawful activities K. S. A. 32-1014

This Kansas law reflects the state's hunter harassment provision. Under the law, no person shall willfully obstruct or impede the participation of any individual in the lawful activity of hunting, furharvesting or fishing. The law does not apply to law enforcement and does not limit the right of landowners or their tenants to limit trespass.

ID - Predators - Chapter 11. Protection of Animals and Birds I.C. § 36-1101 to 1120

This Idaho chapter deals with restrictions on the taking of wildlife, protection of wildlife, and control of predators. Migratory birds are protected under the chapter. The chapter also establishes the right of any person to control, trap, or remove any wild animal damaging private property, within limitations set forth. In particular, the chapter states that wolves may be disposed of by livestock or domestic animal owners, their employees, agents and animal damage control personnel when the same are molesting or attacking livestock or domestic animals and it shall not be necessary to obtain any permit from the department. The section also sets up procedures for damage caused by game animals such as deer and elk as well as predators like black bears, grizzly bears, and mountain lions.

ID - Fur - Chapter 30. Fur Farms I.C. § 25-3001 - 3007

In Idaho, fur farming is again defined as an “agricultural pursuit,” and the animals are considered to be livestock for purposes of Chapter 25. Idaho gives its Animal Industries Division the right to inspect fur farms at any time. Violation of any of the statutory provisions or associated regulations incurs a fine of not less than one hundred dollars ($100) nor more than five thousand dollars ($5,000) for each offense.

IA - Hunting, interference - 481A.125. Intentional interference with lawful hunting, fishing, or fur-harvesting I. C. A. § 481A.125

This law reflects Iowa's hunter harassment provision. Under the law, a person interferes with hunting, fish, or fur-harvesting activities when he or she: intentionally places him or herself in a location where his or her presence affects the behavior of the game thereby affecting the feasibility of taking the animal; intentionally creates a visual, aural, olfactory, or physical stimulus for the purpose of affecting the behavior of the animal to harass or obstruct the hunter; or alters the condition or placement of the hunter's personal property to obstruct that person. A first offense is a simple misdemeanor; a second or subsequent offense is a serious misdemeanor.

IA - Fur, traps - Chapter 481A. Wildlife Conservation. I. C. A. § 481A.92

A person cannot use colony traps for fur-bearing animals except for muskrats. Traps must be labeled with the user's name and address, and must be checked at least once every twenty-four hours, unless completely submerged under water. A person cannot use instruments such as chemicals or explosives to remove fur-bearing animals from their dens.

GA - Fur - Article 2. Trapping, Trappers, and Fur Dealers Ga. Code Ann., § 27-3-60 to 73

Under these GA statutes, trappers and fur-dealers must be licensed. Trapping of fur-bearing animals is allowed during open trapping season. Traps must be inspected at least once every 24 hours. Trappers must dispatch fur-bearing animals caught in a trap and release domestic animals. It is legal to set traps to protect livestock and domestic animals from predators, but unlawful to trap upon the right of way of any public road or upon another’s land.  A violation of these statutes is a misdemeanor.

FL - Fur - Sale of garments or items of clothing containing dog or cat fur prohibited; West's F. S. A. § 828.1231

Makes it illegal for a person to knowingly sell or offer to sell a garment which contains dog or cat fur, or a dog or cat pelt.  Defines the first violation of this provision as a misdemeanor of the first degree, and any subsequent violations as felonies of the third degree.  Allows any law enforcement agency or humane officer to enforce this provision and to seek a civil penalty up to $5,000 for each violation.

Eastern Band of Cherokee - Natural resources - Sec. 14-10.10- Cutting timber, removing rock, trapping animals The Cherokee Code. Part II. Section 14. Article III. Sec. 14-10.10

This statute is intended to preserve natural resources and protect wild animals from any trapping conducted without the knowledge of a property owner or the Tribe. The language provides for both land owner through a tribal assignment or lease, as well as lands that are reserved and used exclusively by the Tribe. The language also restricts any person, firm, or corporation from engaging in this conduct without consent and knowledge from the land owner and/or the Tribe.

DE - Hunting, Internet - § 704(h). Prohibited hunting and trapping devices and methods; confiscation of devices; primitive weapon season 7 Del.C. § 704(h)

Section (h) of this Delaware law on prohibited hunting methods prohibits "Internet hunting." Under the law, no person shall operate, provide, sell, use, or offer to operate, provide, sell, or use any computer software or service that allows a person not physically present at a hunt site to remotely control a weapon that could be used to take a live animal or bird by remote operation, including, but not limited to, weapons or devices set up to fire through the use of the Internet or through a remote control device.

DE - Hunting - Chapter 7. Regulations and Prohibitions Concerning Game and Fish. Subchapter I. General Provisions. § 724. Wilful 7 Del.C. § 724

This Delaware law reflects the state's hunter harassment provision. Under the law, no person shall wilfully obstruct or impede the participation of any individual in the lawful taking of fish, crabs, oysters, clams or frogs; the lawful hunting of game birds or animals; or the lawful trapping of any game animals. Violation is a class B environmental misdemeanor. Incidental interference is not unlawful.

DE - Hunting - Chapter 7. Regulations and Prohibitions Concerning Game and Fish. 7 Del.C. § 704

This Delaware statute provides that no person shall make use of any pitfall, deadfall, scaffold, cage, snare, trap, net, pen, baited hook, lure, urine or baited field or any other similar device for the purpose of injuring, capturing or killing birds or animals protected by the laws of this State, except as otherwise specified.  It further states that no person shall make use of any drug, poison, chemical or explosive for the purpose of injuring, capturing or killing birds or animals protected by the laws of this State.  Use of such devices and contrivances, when found unlawfully set or placed, are subject to confiscation.

DE - Fur - Chapter 5. Specific Offenses 11 Del.C. § 1325A

In Delaware, a person is guilty of the unlawful trade in dog or cat by-products in the 2nd degree if the person knowingly or recklessly sells, barters or offers for sale or barter, the fur or hair of a domestic dog or cat or any product made in whole or in part from the fur or hair of a domestic dog or cat. The unlawful trade in dog or cat by-products in the 2nd degree is a class B misdemeanor. A person is guilty of the unlawful trade in dog or cat by-products in the 1st degree if the person knowingly or recklessly sells, barters or offers for sale or barter, the flesh of a domestic dog or cat or any product made in whole or in part from the flesh of a domestic dog or cat. The unlawful trade in dog or cat by-products in the first degree is a class A misdemeanor.

CO - Fur - § 12b. Prohibited methods of taking wildlife (Constitutional Provision) CO CONST Art. 18, § 12b

This Colorado constitutional provision provides that it is unlawful to take wildlife with any leghold trap, any instant kill body-gripping design trap, or by poison or snare in the state of Colorado subject to the listed exceptions.

CA - Trapping - Chapter 2. Fur-Bearing Mammals Article 2. Fur Dealer License West's Ann. Cal. Fish & G. Code § 4030 - 4043

These provisions outline the requirements for fur dealers.  Every person engaging in the business of buying, selling, trading or dealing in raw furs of fur-bearing mammals or nongame mammals is a fur dealer and shall procure a fur dealer license.  An exception is made for those dealers that trap and sell raw furs which he has lawfully taken, or a domesticated game breeder selling raw furs of animals which he has raised.  Fur dealers are required to maintain complete recordings for all of the furs they trade or sell and are prohibited from purchasing raw fur of any fur-bearing mammal or nongame mammal from any person who does not hold a valid trapping license, fur dealer license, or fur agent license.

CA - Trapping - Chapter 2. Fur-Bearing Mammals Article 1. Trapping Provisions West's Ann. Cal. Fish & G. Code § 4000 - 4012

These provisions regulate the fur trade. Fur-bearing mammals may be taken only with a trap, a firearm, bow and arrow, poison (with permit), or with the use of dogs. It is illegal to trap without a license and certain types of traps are not allowed. Fur dealers must have a license, with exceptions. Fur dealers are required to maintain complete records and are prohibited from purchasing raw furs from any person who does not hold a valid trapping license, fur dealer license, or fur agent license.

CA - Initiatives - Proposition 4 (trapping) Proposition 4 (1998) This state initiative measure was proposed in 1998 and prohibits trapping mammals classified as fur bearing (or non-game) with body gripping traps for recreation or commerce in fur. This includes, but is not limited to, steel-jawed leghold traps, padded-jaw leghold traps, conibear traps, and snares. Cage and box traps, nets, suitcase-type live beaver traps and common rat and mouse traps are not considered body-gripping traps. It passed with 57.5% of the vote.
CA - Hunting - Chapter 3. Nongame Mammals and Depredators West's Ann. Cal. Fish & G. Code § 4150 - 4155, 4180 - 4190

These sections regulate the taking and killing of nongame mammals and depredatory animals. Nongame and fur-bearing mammals that are injuring crops or other property may be taken at any time or in any manner in accordance with this code. In some cases, a permit is required. It is unlawful to use snares, hooks, or barbed wire to remove from the den, or fire to kill in the den, any immature predatory mammal. Predators that are relocated by the department must be tagged.

CA - Hunting - Article 1. Methods of Taking (including trapping methods) West's Ann. Cal. Fish & G. Code § 3000 - 3012

These sections pertain to hunting in California. A hunting license is required, and certain hunting methods are prohibited, such as night hunting, hunting while intoxicated, shooting at an animal from a vehicle, Internet hunting, the use of body-gripping or metal-jawed traps, the use of certain poisons and lead bullets, and the use of bird or mammal calls.

CA - Fur - § 996. Fur bearing animals raised in captivity; ownership; protection of law West's Ann. Cal. Civ. Code § 996

This California law provides that any furbearing animal whether born in captivity or brought into captivity for the purpose of pelting fur is regarded as personal property, the same as other domestic animals.

CA - Fur - § 598a. Killing dog or cat with intent of selling or giving away pelt; possession, sale or importation of pelt with i West's Ann. Cal. Penal Code § 598a

This statute makes it a misdemeanor to kill any dog or cat with the sole intent of selling or giving away the pelt of the animal.  It also makes it a misdemeanor to possess, import into California, sell, buy, give away or accept any pelt of a dog or cat with the sole intent of selling or giving away the pelt of the dog or cat.

AZ - Initiatives - Proposition 201 (trapping and taking) Proposition 201 (1994) Proposition 201 would make it illegal to use certain methods of taking "wildlife" on public land, including federal, state, county and municipal land. The listed devices that would be prohibited are "any leghold trap, any instant kill body gripping design trap, or by a poison or a snare." The measure passed with 58.5% of the vote.
AL - Fur - § 13A-11-241. Cruelty in first and second degrees (dog/cat fur provision) Ala. Code 1975 § 13A-11-241

In Alabama, a person commits the crime of cruelty to a dog or cat in the first degree if he or she skins a domestic dog or cat or offers for sale or exchange or offers to buy or exchange the fur, hide, or pelt of a domestic dog or cat. Cruelty to a dog or cat in the first degree is a Class C felony.

AL - Bear Protection - Legislative findings. Prohibited activities; exceptions; applicability; penalties. Ala. Code 1975 § 9-11-480 - 481

These Alabama statutes were signed into law in 2001.  The laws declare that black bears are a species that require special protection in the state and make it illegal to hunt, wound, injure, kill, trap, collect, or capture a black bear, or to attempt to engage in that conduct during the closed season for black bear.  It also makes it illegal to sell or purchase bear parts.

AK - Initiatives - Ballot Measure 9 (wolf trapping) Ballot Measure 9 (2000) This bill would have prohibited a person from using a snare with the intent of trapping a wolf and appeared on the 2000 ballot. It would also have prohibited a person from possessing, buying, selling, or offering to sell the skin of a wolf known by the person to have been caught with a snare. Breaking the law would have been a Class A misdemeanor. The measure failed with only 37.3% of the vote.

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