S548B-2013 - NY Senate Open Legislation - Relates to the regulation of live restraint cable devices to take wildlife; authorizes regulations by the department of environmental conservation

Relates to the regulation of live restraint cable devices to take wildlife; authorizes regulations by the department of environmental conservation.

Sponsor: GRISANTI / Committee: ENVIRONMENTAL CONSERVATION
Law Section: Environmental Conservation Law / Law: Amd S11-1101, En Con L

S548B-2013 Actions

Mar 19, 2013: referred to environmental conservation
Mar 19, 2013: DELIVERED TO ASSEMBLY
Mar 19, 2013: PASSED SENATE
Mar 5, 2013: ADVANCED TO THIRD READING
Mar 4, 2013: 2ND REPORT CAL.
Feb 28, 2013: 1ST REPORT CAL.112
Feb 13, 2013: PRINT NUMBER 548B
Feb 13, 2013: AMEND AND RECOMMIT TO ENVIRONMENTAL CONSERVATION
Jan 15, 2013: PRINT NUMBER 548A
Jan 15, 2013: AMEND (T) AND RECOMMIT TO ENVIRONMENTAL CONSERVATION
Jan 9, 2013: REFERRED TO ENVIRONMENTAL CONSERVATION

S548B-2013 Meetings

Environmental Conservation: Feb 28, 2013

S548B-2013 Calendars

Active List: Mar 19, 2013 , Floor Calendar: Mar 4, 2013 , Floor Calendar: Mar 5, 2013 , Floor Calendar: Mar 6, 2013 , Floor Calendar: Mar 7, 2013 , Floor Calendar: Mar 11, 2013 , Floor Calendar: Mar 12, 2013 , Floor Calendar: Mar 13, 2013 , Floor Calendar: Mar 14, 2013 , Floor Calendar: Mar 18, 2013 , Floor Calendar: Mar 19, 2013

S548B-2013 Votes

VOTE: COMMITTEE VOTE: - Environmental Conservation - Feb 28, 2013

Ayes (12): Grisanti, LaValle, Little, Marcellino, Maziarz, O'Mara, Smith, Young, Avella, Serrano, Latimer, Tkaczyk
Nays (1): Espaillat

VOTE: FLOOR VOTE: - Mar 19, 2013

Ayes (63): Adams, Addabbo, Avella, Ball, Bonacic, Boyle, Breslin, Carlucci, DeFrancisco, Diaz, Dilan, Espaillat, Farley, Felder, Flanagan, Fuschillo, Gallivan, Gianaris, Gipson, Golden, Griffo, Grisanti, Hannon, Hassell-Thomps, Hoylman, Kennedy, Klein, Krueger, Lanza, Larkin, Latimer, LaValle, Libous, Little, Marcellino, Marchione, Martins, Maziarz, Montgomery, Nozzolio, O'Brien, O'Mara, Parker, Peralta, Perkins, Ranzenhofer, Ritchie, Rivera, Robach, Sampson, Sanders, Savino, Serrano, Seward, Skelos, Smith, Squadron, Stavisky, Stewart-Cousin, Tkaczyk, Valesky, Young, Zeldin

S548B-2013 Memo

BILL NUMBER:S548B

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,
2016.

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

The October 2012 management plan for bobcat in New York State talks
about cable restraints as a best management practice approved device.

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.

S548B-2013 Text

 S T A T E   O F   N E W   Y O R K
 
 548--B
 2013-2014 Regular Sessions
 I N  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  --  committee  discharged, bill
 amended, ordered reprinted as amended and recommitted to said  commit
 tee
 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 LEG HOLD 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
 REGULATION, 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;
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD04616-03-3
        S. 548--B                           2
 (3) A DEER STOP IS A DEVICE INCORPORATED INTO THE LOOP  OF  THE  CABLE
 RESTRAINT THAT KEEPS THE CABLE RESTRAINT FROM CLOSING BEYOND A SPECIFIED
 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.

S548B-2013: Relates to the regulation of live restraint cable devices to take wildlife; authorizes regulations by the department of environmental conservation