S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        548--A
                              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
       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 trap so that wildlife when caught is suspended; (c) use,
    7  locate or set a snare or a device consisting of a noose of any  material
    8  whereby  an  animal  may  be  taken, EXCEPT THE DEPARTMENT MAY, BY REGU-
    9  LATION, AUTHORIZE THE USE OF LIVE RESTRAINT CABLE DEVICES TO TAKE COYOTE
   10  AND OTHER SPECIES AS ALLOWED BY THE DEPARTMENT  IN  THE  NORTHERN  ZONE.
   11  THESE REGULATIONS  SHALL INCLUDE LIVE CABLE RESTRAINT DEVICES CONSISTING
   12  OF  AT  LEAST ONE SWIVEL, A RELAXING LOCK, A DEER STOP, AND A BREAK AWAY
   13  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;
   16    (2)  A  RELAXING  LOCK  IS A DEVICE THAT ALLOWS THE CABLE LOOP TO STOP
   17  RESTRICTING WHEN THE CAPTURED ANIMAL STOPS PULLING;
   18    (3) A DEER STOP IS A DEVICE INCORPORATED INTO THE LOOP  OF  THE  CABLE
   19  RESTRAINT THAT KEEPS THE CABLE RESTRAINT FROM CLOSING BEYOND A SPECIFIED
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD04616-02-3
       S. 548--A                           2
    1  CIRCUMFERENCE  TO ALLOW DEER THAT MAY ENCOUNTER THE RESTRAINT TO ESCAPE;
    2  AND
    3    (4)  A  BREAK  AWAY  DEVICE  ALLOWS THE LOOP OF THE CABLE RESTRAINT TO
    4  BREAK OPEN WHEN A SPECIFIED AMOUNT OF FORCE IS APPLIED.
    5    TRAPPERS USING LIVE CABLE RESTRAINT DEVICES MUST COMPLETE  A  TRAINING
    6  COURSE IN THEIR CONSTRUCTION AND USE OFFERED BY THE DEPARTMENT.
    7    S  2.  This  act shall take effect immediately and shall expire and be
    8  deemed repealed February 16, 2016.