Relates to the regulation of live restraint cable devices to take wildlife; authorizes regulations by the department of environmental conservation.
TITLE OF BILL: An act to amend the environmental conservation law, in relation to the regulation of live restraint cable devices to take wildlife; and providing for the repeal of such provisions upon the expiration thereof
PURPOSE: To allow for the use of live restraint cables.
SUMMARY OF SPECIFIC PROVISIONS: Section 1 states that live restraint cables may be used to take coyote and other species authorized by DEC, and allows for regulations to be promulgated by the DEC, further requires trappers using these devices must complete a training course
Section 2 is the effective date and expires the bill on February 16, 2015.
JUSTIFICATION: Live cable restraints are an effective tool for the live capture of many furbearer species including coyotes and meet international humane standards The association of Fish and Wildlife agencies has approved them as a best management practice for coyotes, red fox, grey fox, raccoon, beaver and bobcat.
Trappers use cable restraints as they are an inexpensive, efficient safe and easy to use tool. Cable restraints are effective in all weather conditions and are not as susceptible to the freeze-thaw conditions of the Northern Zone.
PRIOR LEGISLATIVE HISTORY: S. 4213 passed in 2011.
FISCAL IMPLICATIONS: None.
EFFECTIVE DATE: This act shall take effect immediately and expire on February 16, 2016.
STATE OF NEW YORK ________________________________________________________________________ 548--A 2013-2014 Regular Sessions IN SENATE (PREFILED) January 9, 2013 ___________Introduced by Sen. GRISANTI -- read twice and ordered printed, and when printed to be committed to the Committee on Environmental Conservation -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the environmental conservation law, in relation to the regulation of live restraint cable devices to take wildlife; and providing for the repeal of such provisions upon the expiration there- of 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, EXCEPT THE DEPARTMENT MAY, BY REGU- LATION, AUTHORIZE THE USE OF LIVE RESTRAINT CABLE DEVICES TO TAKE COYOTE AND OTHER SPECIES AS ALLOWED BY THE DEPARTMENT IN THE NORTHERN ZONE. THESE REGULATIONS SHALL INCLUDE LIVE CABLE RESTRAINT DEVICES CONSISTING OF AT LEAST ONE SWIVEL, A RELAXING LOCK, A DEER STOP, AND A BREAK AWAY DEVICE. FOR THE PURPOSES OF THIS PROVISION: (1) A SWIVEL IS A DEVICE INCORPORATED AT THE END OF THE CABLE RESTRAINT WHICH ALLOWS THE CAPTURED ANIMAL TO FREELY ROTATE; (2) A RELAXING LOCK IS A DEVICE THAT ALLOWS THE CABLE LOOP TO STOP RESTRICTING WHEN THE CAPTURED ANIMAL STOPS PULLING; (3) A DEER STOP IS A DEVICE INCORPORATED INTO THE LOOP OF THE CABLE RESTRAINT THAT KEEPS THE CABLE RESTRAINT FROM CLOSING BEYOND A SPECIFIEDEXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD04616-02-3 S. 548--A 2
CIRCUMFERENCE TO ALLOW DEER THAT MAY ENCOUNTER THE RESTRAINT TO ESCAPE; AND (4) A BREAK AWAY DEVICE ALLOWS THE LOOP OF THE CABLE RESTRAINT TO BREAK OPEN WHEN A SPECIFIED AMOUNT OF FORCE IS APPLIED. TRAPPERS USING LIVE CABLE RESTRAINT DEVICES MUST COMPLETE A TRAINING COURSE IN THEIR CONSTRUCTION AND USE OFFERED BY THE DEPARTMENT. S 2. This act shall take effect immediately and shall expire and be deemed repealed February 16, 2016.