Sec.26-66-5. Trapping. General

(a) Furbearing animals may be taken by deadfall, box trap, live trap, unpadded metal traps not having a spread or opening greater than 5 3/4 inches or padded metal traps not having a spread or opening greater than 5 15/16 inches, and smooth wire traps not having an opening greater than 6 1/2 inches, and species specific traps. For the purposes of this section, the following trap types shall have the features listed: (1) a species specific trap shall have all of the following features: (A) a triggering mechanism and restraining mechanism enclosed by a housing; (B) when set, triggering and restraining mechanisms accessible only via a single opening; (C) an access opening measuring not greater than 2 inches in diameter if round, or not greater than 2 inches diagonally if rectangular in shape; (D) a triggering mechanism that can only be activated by a pulling force; and (E) a swivel mounted anchoring mechanism. (2) a padded metal trap shall have all of the following features: (A) spring strength shall not exceed 55 inch pounds with arms in the closed position and 85 inch pounds with arms in the open position; (B) a gap between the arms of the trap such that in a closed position the gap shall be no less than 1/4 inch in width and no less than 4 inches in length; (C) provides and incorporates replaceable non-weather hardening, non-age hardening padding material not less than 3/32 inch thick covering the closing surfaces of, and securely affixed to, the arms; (D) a chain no longer than 6 inches in length; (E) swivels located at each end of the chain, with one center mounted below the trap and (F) a shock absorbing spring incorporated into the anchoring chain. Unpadded metal traps or padded metal traps with a spread or opening not greater than seven and one-half inches, or conibear type traps or similar smooth wire traps not greater than ten inches square may be set for beaver in water bodies occupied or frequented by beaver, including but not limited to lakes, ponds, marshes, swamps, rivers and streams. No traps may have serrations or teeth.

(b) Subject to the provisions of subsection (a) of this section unpadded metal traps and smooth wire traps shall only be placed, set or attended below the surface of the water in a pond, lake, stream, river, spring hole or tidal waters, except smooth wire traps having an opening of four and three quarters inches or less may extend above the surface of the water provided a portion of the trap frame must remain in contact with the water. Subject to the provisions of subsection (a) of this section, padded metal traps shall only be placed, set or attended below the surface of the water in a pond, lake, stream, river, spring hole or tidal waters or in the burrow of wild animal, except from December 1 through January 31, coyotes may be trapped with padded metal traps placed, set or attended on or below the ground on private land subject to the following restrictions: (1) private land parcels shall be a minimum of 10 contiguous acres; (2) any person placing, setting or attending such traps shall carry in possession proof of completion of a land trapping course approved by the commissioner; (3) any person placing, setting or attending such traps shall carry in possession written landowner permission explicitly allowing use of padded metal traps on or below ground; (4) bait shall not be visible; (5) traps shall require a force greater than two pounds to be triggered; (6) traps shall be securely anchored to the ground. No trap shall be placed, set or tended within ten feet of the waterline of a muskrat house or beaver house.

(c) Any device, the object of which is to discharge a firearm, or cause the discharge of any shell, cartridge, explosive, poison or flammable material of any nature, is prohibited when used with any trap.

(d) Any person taking or possessing raw furs or carcasses of any beaver, coyote, fisher, red fox, gray fox, wild mink or river otter shall have such raw fur or carcasses tagged, at no cost, by department representatives or, for coyote, red fox or gray fox taken by hunting, shall report the harvest by telephone or internet to the Department of Energy and Environmental Protection. Times, dates and locations of the regular tagging sessions and telephone or internet reporting options shall be listed in the abstract of hunting laws and regulations. All raw furs or carcasses shall be tagged or reported by the last scheduled tagging date of the current trapping season or before selling, exchanging, giving away, mailing or transporting beyond state boundaries, retaining for personal use, or otherwise disposing of the raw fur or carcass, whichever comes first. For the purposes of this section, raw fur means a pelt which has not been tanned, mounted or processed in any way. Fisher furs will not be tagged until the carcass of the animal is submitted to the commissioner or the commissioner's designated agent at the time of tagging.

(e) On privately owned lands, no person shall set, place, or attend any trap unless the person has in their possession the written permission of the owner. Dated permission must be obtained for the current season.

(Effective February 16, 1994; Amended April 27, 2005; Amended September 9, 2013; Amended February 4, 2020)