New Legislation Banning Traps In NJ
Senate Bill S2750 (Senator Ray Lesniak) and A4407 (Assemblyman Daniel Benson) in New Jersey would ban the manufacture, sale, possession, importation, transportation, or use of any trap that is a spring-loaded device that restrains an animal by capturing the foot, leg, or other body part, including an enclosed foothold type trap or any other type trap that uses a jaw, arm, bar, cable, or wire to grasp or pin the animal’s foot, leg, or other body part.
Action Needed - NOW
For several reasons, we are pursuing the Assembly bill first. A4407 is in the Assembly Environment and Solid Waste committee. Please email the committee members below and ask for their support of A4407.
Assemblyman Tim Eustace, Chair
Assemblyman John McKeon, Vice-Chair
In 1984, the New Jersey legislature banned the sale, use, possession, importation and transportation of any type of steel-jaw leghold trap. New Jersey’s is the strongest leghold trap law in the country.
On June 9, 2015 the New Jersey Fish and Game Council (FGC) voted to adopt a regulation allowing the use of three "enclosed foothold" traps, circumventing the 1984 law. It is the second time that the Council, along with the fur trade and the Division of Fish and Wildlife, has tried to undercut the statute by trying to regulate a modified steel-jaw trap. The “new” trap is a type of steel-jaw leghold trap.
APLNJ, the Animal Welfare Institute, Born Free, New Jersey Chapter of the Sierra Club and other organizations filed a lawsuit against the Council. We are now appealing the case to the NJ Supreme Court.
Incredibly, a lower court simply deferred to the state agency, ignoring a previous Superior Court ruling supporting the ban as well as the opinion of Irwin Kimmelman, Attorney General at that time (the closer an Attorney General’s opinion to the passage of the law, the more weight it carries).
As APLNJ’s commentary (below) in the Star-Ledger explains, deference to bureaucracies is automatic; in this case, however, the agency is the entitity from which the law must be protected.
While we wait for our case to go through the court system (chances are, the Supreme Court, if it accepts the case, will give deference to the lower court or the agency, again), we are pushing for passage of S2750/A4407.
23:4-22.1. Animal trap of steel-jaw leghold type; prohibition of manufacture, sale, possession, importation or transportation
No person shall manufacture, sell, offer for sale, possess, import or transport an animal trap of the steel-jaw leghold type.
23:4-22.2. Prohibition of taking or attempting to take any animal
No person shall take or attempt to take any animal by means of a trap of the steel-jaw leghold type.
23:4-22.3. Possession as prima facie evidence
The possession of a trap of the steel-jaw leghold type shall be prima facie evidence of a violation of section 2 of this amendatory and supplementary act except under the circumstances indicated by section 5 of this amendatory and supplementary act.
"Enclosed foothold traps" (pictured right: EGG™, Duffer Trap™, Lil Grizz Get'rz™) are jawed, spring-operated types of leghold traps that snap shut on the foot or leg of an animal to inflict pain, injury, anxiety and fear, and attendant injuries and suffering. The traps restrain the animal for prolonged periods of time.
APLNJ joined 34 other organizations to protect the 1984 leghold trap law. See the coalition letter here.
In behalf of the Animal Protection League of New Jersey and the Animal Welfare Institute, as well as the New Jersey Chapter of the Sierra Club, Born Free USA, Lawyers in Defense of Animals, Associated Humane, and Unexpected Wildlife Refuge, Attorney Dante DiPirro filed suit against the New Jersey Fish and Game Council, New Jersey Division of Fish and Wildlife, and New Jersey Department of Environmental Protection.
Incredibly, the Appelate Division simply deferred to the game council, the very entity from which the law must be protected. For Star-Ledger and Press of Atlantic City editorials against the court's decision, please see November 2, 2016 media below.
As many will remember, thirty years ago, the state's Attorney General and the Superior Court defended the statute from a similar move by the council, yet this panel of three judges court never examined the record.
Attorney DiPirro has filed an appeal with the New Jersey Supreme Court.
The following Op-Eds were written by APLNJ's Wildlife Policy Director Susan Russell, original lobbyist for the 1984 law.
January 15, 2017: Press of Atlantic City
January 3, 2017: Star-Ledger
December 19, 2016: My Central Jersey, part of USA Today Network
January 25, 2017: Burlington County Times, Joe Mason Podcast
November 2, 2016: Editorial - Star-Ledger
November 2, 2016: Editorial - Press of Atlantic City
November 2, 2016: New Jersey Advance Media for NJ.com
October 28, 2016: Press of Atlantic City
November 15, 2015: Editorial Star-Ledger
June 29, 2016: Editorial - Press of Atlantic City
June 15, 2015: Press of Atlantic City
June 12, 2015: Editorial - Star-Ledger
June 10, 2015: Press of Atlantic City - Photos