In 1996, the Massachusetts legislature passed a ban on the use of body-gripping traps. In the seven years since, the beaver population in the state has tripled to 70,000. Some lawmakers want changes to the 1996 law to bring back some traps banned under the law.

Currently, the law in Massachusetts reads,

Chapter 131: Section 80A Leghold traps and certain other devices restricted; punishment

Section 80A. Notwithstanding any other provision of this chapter, a person shall not use, set, place, maintain, manufacture or possess any trap for the purpose of capturing furbearing mammals, except for common type mouse and rat traps, nets, and box or cage type traps, as otherwise permitted by law. A box or cage type trap is one that confines the whole animal without grasping any part of the animal, including Hancock or Bailey\’s type live trap for beavers. Other than nets and common type mouse or rat 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.

The above provision shall not apply to the use of prohibited devices by federal and state departments of health or municipal boards of health for the purpose of protection from threats to human health and safety.

State Rep. Mark Carron (D) wants the state to legalize \”soft catch traps\” which use rubber pads instead of metal teeth on the jaws of the trap. State Rep. George Peterson Jr. (R) has introduced legislation that would legalize conibear traps — a metal trap that is designed to kill animals by applying great force to the animal\’s neck.

The law banning traps was amended in 2000 to allow public health boards to authorize the setting of traps, dam breachings, or waterflow prevention devices. A major problem with the large beaver population is flooding created by beaver dams.

But such measures are expensive, and don\’t seem flexible enough to deal with the problem. The Boston Globe notes, for example, that the town of Sturbridge installed 12 grates to protect culverts from being stopped up by beavers. But the town currently still has to spend about $10,000 annually just keeping those grates clear of debris.

Gregory Morris, director of the Department of Public Works for Sturbridge, told the Boston Globe,

There is most definitely a huge issue here. If we get an 8- or 10-inch rainstorm, there will be roads totally wiped out. It\’s [the grates] not solving the problem or reducing the waterflow, it\’s strictly to maintain. I would most definitely like to see trapping come back.

Sources:

Beavers\’ rule gets swampy. Brendan McCarthy, Boston Globe, July 8, 2003.

Beavers, Humans Harmonize \’Deceiver\’ Seen As Safe Way To Limit Damage. Kathy McCabe, Boston Globe, July 17, 2003.

House Bill, No. 200. Massachusetts Legislature, 2003.

In May, Washington Governor Gary Locke vetoed legislation that would have overturned an initiative approved by voters in 2000 banning the use of body-gripping traps to capture animals.

Timber companies and others in Washington complain they cannot control pests such as mountain beavers without the use of body-gripping traps. Locke had said that he supported more limited legislation that would have specifically allow the use of body-gripping traps in dealing with pest animals, but that the final version that passed the legislature went too far in completely overturning the voter-approved initiative.

In a prepared statement announcing his veto, Locke said,

Early this session, I supported legislation that would have addressed the specific problems associated with Initiative 713. This legislation would have allowed the use of traps on moles, gophers and mountain beavers, and provided additional protections for livestock. At that time, I also indicated my opposition to legislation that would repeal the core principles underlying the initiative. Whenever possible, improvements to address unintended consequences of an initiative should be pursued before consideration of a repeal. Because this bill effectively repeals the initiative, even though an alternative legislative solution exists to address the problems of the initiative, I have vetoed the bill in its entirety.

We need to put this issue behind us by looking for ways we can creatively implement solutions, rather than perpetuate problems. With this message, I am requesting members of the Fish and Wildlife Commission to closely oversee DFW?s implementation of Initiative 713, consistent with its spirit and intent. Specifically, I would like the Commission to recommend changes to help protect livestock and reduce damage to public property, and to conduct an educational outreach program around the state that explains the availability of the special permit program allowed under Initiative 713.

The full text of the bill that Locke vetoed can be found here.

Sources:

Gov. Gary Locke Vetoes Body-gripping Traps Legislation. Press Release, Office of Governor Gary Locke, May 20, 2003.