Bill Text: NY S04459 | 2021-2022 | General Assembly | Introduced

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Bill Title: Prohibits the use of leg-gripping traps.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2022-01-05 - REFERRED TO ENVIRONMENTAL CONSERVATION [S04459 Detail]

Download: New_York-2021-S04459-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          4459

                               2021-2022 Regular Sessions

                    IN SENATE

                                    February 4, 2021
                                       ___________

        Introduced  by  Sen. ADDABBO -- 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
          prohibiting the use of leg-gripping traps

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. Subdivisions 5 and 6 of section  11-1101  of  the  environ-
     2  mental  conservation  law, subdivision 6 as amended by chapter 47 of the
     3  laws of 1975, subparagraph (b)  of  paragraph  b  of  subdivision  6  as
     4  amended  by chapter 911 of the laws of 1990, and paragraph a of subdivi-
     5  sion 6 as amended and paragraph c of such subdivision as added by  chap-
     6  ter 605 of the laws of 1991, are amended to read as follows:
     7    5.  Except  as  provided in subdivision 1 or 2 of section 11-0523 with
     8  respect to destructive and menacing wildlife, no person shall (a) set or
     9  use a trap of the leg-gripping type [having teeth in the jaws]; (b)  set
    10  a trap so that wildlife when caught is suspended; (c) use, locate or set
    11  a  snare  or  a  device consisting of a noose of any material whereby an
    12  animal may be taken.
    13    6. a. No person shall set or use a trap of the leg-gripping type  [(a)
    14  having a spread of jaws exceeding 7 1/4" measured at right angles to the
    15  axis  upon  which the jaws operate and excluding the gripping surface of
    16  each jaw, when used under water during  the  open  season  for  trapping
    17  beaver  or otter, or (b) in any other case], except as provided in title
    18  5 or in section 11-1109[, having a spread of jaws exceeding 5-3/4" as so
    19  measured].
    20    b. No person shall set or use a body gripping type trap with a  dimen-
    21  sion of more than 7-1/2 inches except:
    22    (a)  when used in water during the open season for trapping beaver and
    23  otter; or
    24    (b) as further permitted by the department by regulation.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00937-01-1
        S. 4459                             2

     1    The dimension of the body gripping trap shall be ascertained when  the
     2  trap  is  set  in  the  extreme cocked position and shall be the maximum
     3  distance between pairs of contacting body gripping surfaces  except  for
     4  rectangular  devices  which  shall be the maximum perpendicular distance
     5  between pairs of contacting body gripping surfaces.
     6    [c.  Traps  of the leg-gripping type having a spread of jaws exceeding
     7  4" measured as described in paragraph a of this subdivision, when set on
     8  land (excluding traps originally set in water) (a) shall be  covered  at
     9  the time the trap is set or visited; if the trap becomes uncovered after
    10  it  is set the covering shall be replaced at the time the trap is visit-
    11  ed; coverings shall include but not be limited to  soil,  sand,  leaves,
    12  needles,  other  plant  materials,  and other substances as permitted by
    13  department regulation; such substances shall completely cover  the  jaws
    14  of  the  trap,  and  (b)  shall be equipped with a pan tensioning device
    15  which shall include but not be  limited  to  a  bolt  and  nut,  notches
    16  grooved  in the pan and dog or lever, sheer pins, a spring under the pan
    17  or strip of band steel, or other devices or modifications  as  permitted
    18  by regulation of the department.]
    19    §  2.  Subdivision 7 of section 11-1901 of the environmental conserva-
    20  tion law, as amended by chapter 351 of the laws of 1975, is  amended  to
    21  read as follows:
    22    7. On the licensed premises the licensee may take any unprotected wild
    23  bird,  or  any  predatory  wildlife  except, protected birds, disturbing
    24  domestic game. Such birds or wildlife may be taken at any  time  and  in
    25  any  manner, except that no trap of the leg-gripping type[, having teeth
    26  in the jaws or having a greater spread of jaws than six  inches,]  shall
    27  be  used  for such purpose, nor shall a trap be set so that any wildlife
    28  when caught shall be suspended. Carcasses  of  such  birds  or  wildlife
    29  shall be immediately buried or cremated, except that carcasses of unpro-
    30  tected  wildlife,  and  of  protected wildlife other than birds if taken
    31  during their respective open seasons,  may  be  possessed,  transported,
    32  bought and sold to the extent permitted by section 11-0917.
    33    §  3.  Subdivision 9 of section 11-1903 of the environmental conserva-
    34  tion law, as amended by chapter 351 of the laws of 1975, is  amended  to
    35  read as follows:
    36    9.  On  the premises described in the application for the license, the
    37  licensee may take any unprotected wild birds, or any predatory  wildlife
    38  except protected birds, disturbing domestic game. Such birds or wildlife
    39  may  be  taken at any time and in any manner, except that no trap of the
    40  leg-gripping type[, having teeth in the jaws or having a greater  spread
    41  of  jaws  than  six inches,] shall be used for such purpose, nor shall a
    42  trap be set so  that  any  wildlife  when  caught  shall  be  suspended.
    43  Carcasses  of  such  birds  or  wildlife  shall be immediately buried or
    44  cremated,  except  that  carcasses  of  unprotected  wildlife,  and   of
    45  protected  wildlife  other  than  birds if taken during their respective
    46  open seasons, may be possessed, transported,  bought  and  sold  to  the
    47  extent permitted by section 11-0917.
    48    §  4.  This  act shall take effect on the thirtieth day after it shall
    49  have become a law.