Bill Text: NY S00548 | 2013-2014 | General Assembly | Amended


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

Spectrum: Partisan Bill (Republican 1-0)

Status: (Engrossed - Dead) 2014-06-12 - referred to environmental conservation [S00548 Detail]

Download: New_York-2013-S00548-Amended.html
                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        548--C
                              2013-2014 Regular Sessions
                                   I N  S E N A T E
                                      (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  --  recommitted to the Committee on Environmental Conservation in
         accordance with Senate Rule 6, sec. 8 --  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:
    1    Section  1.    Subdivision  5  of section 11-1101 of the environmental
    2  conservation law is amended to read as follows:
    3    5. Except as provided in subdivision 1 or 2 of section 11-0523 OF THIS
    4  ARTICLE with respect to destructive and  menacing  wildlife,  no  person
    5  shall (a) set or use a trap of the leg-gripping type having teeth in the
    6  jaws; (b) set a LEG HOLD trap so that wildlife when caught is suspended;
    7  (c)  use, locate or set a snare or a device consisting of a noose of any
    8  material whereby an animal may be taken, EXCEPT THE DEPARTMENT  MAY,  BY
    9  REGULATION,  AUTHORIZE  THE  USE OF LIVE RESTRAINT CABLE DEVICES TO TAKE
   10  COYOTE AND OTHER SPECIES AS ALLOWED BY THE DEPARTMENT  IN  THE  NORTHERN
   11  ZONE.  THESE  REGULATIONS    SHALL  INCLUDE LIVE CABLE RESTRAINT DEVICES
   12  CONSISTING OF AT LEAST ONE SWIVEL, A RELAXING LOCK, A DEER STOP,  AND  A
   13  BREAK AWAY DEVICE. FOR THE PURPOSES OF THIS PROVISION:
   14    (1)  A  SWIVEL  IS  A  DEVICE  INCORPORATED  AT  THE  END OF THE CABLE
   15  RESTRAINT WHICH ALLOWS THE CAPTURED ANIMAL TO FREELY ROTATE;
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD04616-05-3
       S. 548--C                           2
    1    (2) A RELAXING LOCK IS A DEVICE THAT ALLOWS THE  CABLE  LOOP  TO  STOP
    2  RESTRICTING WHEN THE CAPTURED ANIMAL STOPS PULLING;
    3    (3)  A  DEER  STOP IS A DEVICE INCORPORATED INTO THE LOOP OF THE CABLE
    4  RESTRAINT THAT KEEPS THE CABLE RESTRAINT FROM CLOSING BEYOND A SPECIFIED
    5  CIRCUMFERENCE TO ALLOW DEER THAT MAY ENCOUNTER THE RESTRAINT TO  ESCAPE;
    6  AND
    7    (4)  A  BREAK  AWAY  DEVICE  ALLOWS THE LOOP OF THE CABLE RESTRAINT TO
    8  BREAK OPEN WHEN A SPECIFIED AMOUNT OF FORCE IS APPLIED.
    9    TRAPPERS USING LIVE CABLE RESTRAINT DEVICES MUST COMPLETE  A  TRAINING
   10  COURSE IN THEIR CONSTRUCTION AND USE OFFERED BY THE DEPARTMENT.
   11    S  2.  This  act shall take effect immediately and shall expire and be
   12  deemed repealed February 16, 2017.
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