senate Bill S548

Amended

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

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 09 / Jan / 2013
    • REFERRED TO ENVIRONMENTAL CONSERVATION
  • 15 / Jan / 2013
    • AMEND (T) AND RECOMMIT TO ENVIRONMENTAL CONSERVATION
  • 15 / Jan / 2013
    • PRINT NUMBER 548A
  • 13 / Feb / 2013
    • AMEND AND RECOMMIT TO ENVIRONMENTAL CONSERVATION
  • 13 / Feb / 2013
    • PRINT NUMBER 548B
  • 28 / Feb / 2013
    • 1ST REPORT CAL.112
  • 04 / Mar / 2013
    • 2ND REPORT CAL.
  • 05 / Mar / 2013
    • ADVANCED TO THIRD READING
  • 19 / Mar / 2013
    • PASSED SENATE
  • 19 / Mar / 2013
    • DELIVERED TO ASSEMBLY
  • 19 / Mar / 2013
    • REFERRED TO ENVIRONMENTAL CONSERVATION
  • 08 / Jan / 2014
    • DIED IN ASSEMBLY
  • 08 / Jan / 2014
    • RETURNED TO SENATE
  • 08 / Jan / 2014
    • REFERRED TO ENVIRONMENTAL CONSERVATION
  • 09 / Jan / 2014
    • AMEND AND RECOMMIT TO ENVIRONMENTAL CONSERVATION
  • 09 / Jan / 2014
    • PRINT NUMBER 548C
  • 03 / Jun / 2014
    • 1ST REPORT CAL.1156
  • 09 / Jun / 2014
    • 2ND REPORT CAL.
  • 10 / Jun / 2014
    • ADVANCED TO THIRD READING
  • 12 / Jun / 2014
    • PASSED SENATE
  • 12 / Jun / 2014
    • DELIVERED TO ASSEMBLY
  • 12 / Jun / 2014
    • REFERRED TO ENVIRONMENTAL CONSERVATION

Summary

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

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Bill Details

Versions:
S548
S548A
S548B
S548C
Legislative Cycle:
2013-2014
Current Committee:
Assembly Environmental Conservation
Law Section:
Environmental Conservation Law
Laws Affected:
Amd §11-1101, En Con L
Versions Introduced in Previous Legislative Cycles:
2011-2012: S4213
2009-2010: S3542

Sponsor Memo

BILL NUMBER:S548

TITLE OF BILL:

An act
to amend the environmental conservation law, in relation to the
regulation of live restraint cable devices to take wildlife

PURPOSE OR GENERAL IDEA OF BILL:

SUMMARY OF SPECIFIC PROVISIONS:
Section 1 of this bill amends ECL
§11-1101(5) to authorize the DEC to allow the use of live restraint
cable devices for the trapping of wildlife.

Section 2 of this bill provides for an immediate effective date.

JUSTIFICATION:
The bill authorizes the use of live restraint devices
for trapping, which operate on the same principle as a "linked"
relaxing dog collar: when the animal pulls on the cable, the loop
closes down; when the animal stops pulling, the loop relaxes.
Consequently, animals captured in these devices typically show little
or any injury.

These restraint devices have been thoroughly studied by several state
agencies, the Association of Fish and Wildlife Agencies, and the u.S.
Department of Agriculture. They are currently allowed to be used in 38
states and most Canadian provinces. Recently, Missouri (2004),
Wisconsin (2004), Michigan (2005), and Pennsylvania (2005) changed
their trapping regulations to allow the use of cable restraints.
These initiatives were based largely on the new research done in
support of the development of best management practices (BMPs) for
trapping. All of these states have habitats, trapping conditions, and
furbearer species that are comparable to those of New York.

As coyotes continue to move into developed areas and are trapped to
control their populations, the possibility of trapping incidents
involving domestic dogs may increase. The live-restraint devices are
preferred by trappers and DEC in such circumstances because if a
domestic dog were accidentally captured, it could be easily released
with little or no injury. Cable restraints are also highly effective
for capturing coyotes and are used by researchers throughout the
country to catch coyotes for radio telemetry studies.

Cable restraints have been approved by a number of institutional
animal care and use committees pursuant to the Federal Animal Welfare
Act, and are used by researchers at both Cornell University and the
SUNY College of Environmental Science and Forestry in support of
Department-sponsored research. The specific mandate of these
committees is to assure that the proposed capture techniques (i.e.,
cable restraints) are humane and consistent with animal welfare
requirements. While cable devices are relatively simple, there are a
number of very specific design features that are essential to their
proper and humane functioning. These include the use of specific


cable designs to assure proper closing and "relaxing," the use of
"stops" to prevent the loop from closing too tightly, and the fitting
of "relaxing lock" systems to ensure that the loop relaxes once an
animal stops pulling. These technical requirements will be
established by DEC rulemaking.
DEC will regularly revise its regulations to specify new requirements
as improvements in design and function of cable restraints are tested
and approved.

PRIOR LEGISLATIVE HISTORY:
S.4213 Passed Senate in 2011

FISCAL IMPLICATIONS:
None to the state

EFFECTIVE DATE:
This act shall take effect immediately.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                   548

                       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

AN ACT to amend the environmental conservation law, in relation  to  the
  regulation of live restraint cable devices to take wildlife

  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, PROVIDED HOWEVER THAT THE DEPARTMENT
MAY, BY REGULATION, AUTHORIZE THE USE OF LIVE RESTRAINT CABLE DEVICES TO
TAKE WILDLIFE.
  S 2. This act shall take effect immediately.





 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04616-01-3

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