A. Except as otherwise provided by law, no person may use, set, construct, possess or tend any trap, snare, deadfall or other device for the purpose of catching any wildlife, except fish and frogs, in this state, except:

1. Box traps;

2. Smooth-jawed single-spring or smooth-jawed double-spring offset, leg-hold steel traps with a jaw spread of:

a.no more than eight (8) inches for land sets, and

b.no more than eight (8) inches for water sets; and

3. Enclosed trigger traps.

B. No trap so used may be set "in the open", or in paths, roads, or runways commonly used by persons, domestic animals or dogs.

C. Any trap set for the purpose of catching any wildlife shall be tended once during each twenty-four (24) hours. All traps shall bear the name of the owner of the traps, except for any traps set on property owned or leased by the owner of the traps. Any person violating this subsection shall, in addition to any criminal penalty, be civilly liable for all damages caused by such violation.

D. On any lands where smooth-jawed double-spring offset traps are used, the posting of signs shall be required at all entrances from public roads and highways. The requirement to post signs shall not apply if the person is trapping on property owned or leased by the person. Size, character and wording of these signs are to be determined by the State Wildlife Conservation Commission.

Employees of the State Department of Agriculture, Food, and Forestry Wildlife Services Division and the United States Department of Agriculture Wildlife Services while engaged in wildlife management activities for the protection of agriculture, property, human health and safety and natural resources shall be exempt from the provisions of this section.

E. Any person convicted of violating any of the provisions of this section shall be punished by a fine of not less than Twenty-five Dollars ($25.00) nor more than Two Hundred Dollars ($200.00).

Added by Laws 1974, c. 17, § 5-502, emerg. eff. April 8, 1974. Amended by Laws 1992, c. 149, § 9, emerg. eff. April 30, 1992; Laws 2000, c. 191, § 3, eff. Nov. 1, 2000; Laws 2000, c. 256, § 2, eff. Nov. 1, 2000; Laws 2012, c. 165, § 1, eff. Sept. 1, 2012; Laws 2015, c. 132, § 3, eff. Nov. 1, 2015.