S4213-2011 Actions

• Jan 4, 2012: REFERRED TO ENVIRONMENTAL CONSERVATION
• Jan 4, 2012: returned to senate
• Jan 4, 2012: died in assembly
• Jun 15, 2011: referred to environmental conservation
• Jun 15, 2011: DELIVERED TO ASSEMBLY
• Jun 15, 2011: PASSED SENATE
• Jun 14, 2011: ADVANCED TO THIRD READING
• Jun 13, 2011: 2ND REPORT CAL.
• Jun 7, 2011: 1ST REPORT CAL.1037
• Mar 23, 2011: REFERRED TO ENVIRONMENTAL CONSERVATION

S4213-2011 Meetings

S4213-2011 Calendars

S4213-2011 Votes

S4213-2011 Memo

BILL NUMBER:S4213

TITLE OF BILL:

An act
to amend the environmental conservation law, in relation to the
regulation of live restraint cable devices to take wildlife

PURPOSE OR GENERAL IDEA OF BILL:

SUMMARY OF SPECIFIC PROVISIONS:
Section 1 of this bill amends ECL
�11-1101(5) to authorize the DEC to allow the use of live restraint
cable devices for the trapping of wildlife.

Section 2 of this bill provides for an immediate effective date.

JUSTIFICATION:
The bill authorizes the use of live restraint devices
for trapping, which operate on the same principle as a "linked"
relaxing dog collar: when the animal pulls on the cable, the loop
closes down; when the animal stops pulling, the loop relaxes.
Consequently, animals captured in these devices typically show little
or any injury.

These restraint devices have been thoroughly studied by several state
agencies, the Association of Fish and Wildlife Agencies, and the u.S.
Department of Agriculture. They are currently allowed to be used in 38
states and most Canadian provinces. Recently, Missouri (2004),
Wisconsin (2004), Michigan (2005), and Pennsylvania (2005) changed
their trapping regulations to allow the use of cable restraints.
These initiatives were based largely on the new research done in
support of the development of best management practices (BMPs) for
trapping. All of these states have habitats, trapping conditions, and
furbearer species that are comparable to those of New York.

As coyotes continue to move into developed areas and are trapped to
control their populations, the possibility of trapping incidents
involving domestic dogs may increase. The live-restraint devices are
preferred by trappers and DEC in such circumstances because if a
domestic dog were accidentally captured, it could be easily released
with little or no injury. Cable restraints are also highly effective
for capturing coyotes and are used by researchers throughout the
country to catch coyotes for radio telemetry studies.

Cable restraints have been approved by a number of institutional
animal care and use committees pursuant to the Federal Animal Welfare
Act, and are used by researchers at both Cornell University and the
SUNY College of Environmental Science and Forestry in support of
Department-sponsored research. The specific mandate of these
committees is to assure that the proposed capture techniques (i.e.,
cable restraints) are humane and consistent with animal welfare
requirements. While cable devices are relatively simple, there are a
number of very specific design features that are essential to their
proper and humane functioning. These include the use of specific


cable designs to assure proper closing and "relaxing," the use of
"stops" to prevent the loop from closing too tightly, and the fitting
of "relaxing lock" systems to ensure that the loop relaxes once an
animal stops pulling. These technical requirements will be
established by DEC rulemaking.
DEC will regularly revise its regulations to specify new requirements
as improvements in design and function of cable restraints are tested
and approved.

PRIOR LEGISLATIVE HISTORY:
New Bill.

FISCAL IMPLICATIONS:
None to the state

EFFECTIVE DATE:
This act shall take effect immediately.

S4213-2011 Text

 S T A T E   O F   N E W   Y O R K
 
 
                                         4213
 2011-2012 Regular Sessions
 I N  SENATE
 March 23, 2011
 
 Introduced  by Sen. GRISANTI -- read twice and ordered printed, and when
 printed to be committed to the Committee on Environmental Conservation
 

AN ACT to amend the environmental conservation law, in relation  to  the
 regulation of live restraint cable devices to take wildlife
 

THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM
 BLY, DO ENACT AS FOLLOWS:

 

Section 1.   Subdivision 5 of section  11-1101  of  the  environmental
 conservation law is amended to read as follows:

 5. Except as provided in subdivision 1 or 2 of section 11-0523 OF THIS
 ARTICLE  with  respect  to  destructive and menacing wildlife, no person
 shall (a) set or use a trap of the leg-gripping type having teeth in the
 jaws; (b) set a trap so that wildlife when caught is suspended; (c) use,
 locate or set a snare or a device consisting of a noose of any  material
 whereby  an  animal  may  be taken, PROVIDED HOWEVER THAT THE DEPARTMENT
 MAY, BY REGULATION, AUTHORIZE THE USE OF LIVE RESTRAINT CABLE DEVICES TO
 TAKE WILDLIFE.
 

S 2. This act shall take effect immediately.
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD09985-01-1

*By contributing or voting you agree to the Terms of Participation and Privacy Policy and verify you are over 13.

Discuss!