senate Bill S548A

2013-2014 Legislative Session

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

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Archive: Last Bill Status - Passed Senate


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

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 12, 2014 referred to environmental conservation
delivered to assembly
passed senate
Jun 10, 2014 advanced to third reading
Jun 09, 2014 2nd report cal.
Jun 03, 2014 1st report cal.1156
Jan 09, 2014 print number 548c
amend and recommit to environmental conservation
Jan 08, 2014 referred to environmental conservation
returned to senate
died in assembly
Mar 19, 2013 referred to environmental conservation
delivered to assembly
passed senate
Mar 05, 2013 advanced to third reading
Mar 04, 2013 2nd report cal.
Feb 28, 2013 1st report cal.112
Feb 13, 2013 print number 548b
amend and recommit to environmental conservation
Jan 15, 2013 print number 548a
amend (t) and recommit to environmental conservation
Jan 09, 2013 referred to environmental conservation

Bill Amendments

Original
A
B
C (Active)
Original
A
B
C (Active)

S548 - Bill Details

Current Committee:
Law Section:
Environmental Conservation Law
Laws Affected:
Amd §11-1101, En Con L
Versions Introduced in Previous Legislative Sessions:
2011-2012: S4213
2009-2010: S3542

S548 - Bill Texts

view summary

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

view 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.

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                    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

S548A - Bill Details

Current Committee:
Law Section:
Environmental Conservation Law
Laws Affected:
Amd §11-1101, En Con L
Versions Introduced in Previous Legislative Sessions:
2011-2012: S4213
2009-2010: S3542

S548A - Bill Texts

view summary

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

view sponsor memo
BILL NUMBER:S548A

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,
2015.

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.

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.

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download pdf
                    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:

  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, EXCEPT THE DEPARTMENT MAY, BY REGU-
LATION, 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;
  (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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04616-02-3

S. 548--A                           2

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 - Bill Details

Current Committee:
Law Section:
Environmental Conservation Law
Laws Affected:
Amd §11-1101, En Con L
Versions Introduced in Previous Legislative Sessions:
2011-2012: S4213
2009-2010: S3542

S548B - Bill Texts

view summary

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

view sponsor 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.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 548--B

                       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

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.

S548C (ACTIVE) - Bill Details

Current Committee:
Law Section:
Environmental Conservation Law
Laws Affected:
Amd §11-1101, En Con L
Versions Introduced in Previous Legislative Sessions:
2011-2012: S4213
2009-2010: S3542

S548C (ACTIVE) - Bill Texts

view summary

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

view sponsor memo
BILL NUMBER:S548C

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,
2017.

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,
2017.

view full text
download pdf
                    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:

  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;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04616-05-3

S. 548--C                           2

  (2) A RELAXING LOCK IS A DEVICE THAT ALLOWS THE  CABLE  LOOP  TO  STOP
RESTRICTING WHEN THE CAPTURED ANIMAL STOPS PULLING;
  (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, 2017.

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