NY State Senate Bill 2017-S372C

Archive: Last Bill Status - In Senate Committee Environmental Conservation Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

View Actions

Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Mar 28, 2018	print number 372c
Mar 28, 2018	amend and recommit to environmental conservation
Mar 20, 2018	print number 372b
Mar 20, 2018	amend and recommit to environmental conservation
Jan 24, 2018	print number 372a
Jan 24, 2018	amend and recommit to environmental conservation
Jan 03, 2018	referred to environmental conservation
Jan 04, 2017	referred to environmental conservation

Bill Amendments

Original

C (Active)

2017-S372 - Details

See Assembly Version of this Bill:: A10623
Current Committee:: Senate Environmental Conservation
Law Section:: Environmental Conservation Law
Laws Affected:: Amd §11-1101, En Con L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S3542
2011-2012: S4213
2013-2014: S548
2015-2016: S2953
2019-2020: S260
2021-2022: S3494
2023-2024: S785
2025-2026: S2145

2017-S372 - Summary

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

2017-S372 - Sponsor Memo

                                 BILL NUMBER:  S372

 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 OR GENERAL IDEA OF BILL :

To authorize the department of environmental conservation to authorize
the use of and to regulate live restraint cable devices in certain
areas of the State.

 SUMMARY OF SPECIFIC PROVISIONS :

Section 1 of the bill amends the environmental conservation law
section 11-1101 (5) to authorize the department of environmental
conservation, by regulation, to permit the use of live cable restraint
devices to take coyote and other species as allowed by the department
in certain areas of the State. These regulations shall include live
cable restraint devices consisting of at least (1) one swivel (a
device incorporated at the end of the cable restraint which allows the
captured animal to freely rotate); (2) a relaxing lock (a device that
allows the cable loop to stop restricting when the captured animal

stops pulling); (3) a deer stop (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).

Section 1 also provides that trappers using live cable restraint
devices must complete a training course in their construction and use
offered by the department.

Section 2 is the effective date.

 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.

The October 2012 management plan for bobcat in New York State talks
about cable restraints as a best management practice approved device.

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 State.

Live restraint devices 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 no injury.

Live cable restraints are currently used in 38 states and most
Canadian provinces. Missouri (2004), Wisconsin (2004), Michigan
(2005), and Pennsylvania (2005) changed their trapping regulations to
allow the use of live cable restraints. All of these states have
habitats, trapping conditions, and furbearer species that are
comparable to those of New York.

The design features that are essential to the proper and humane
functioning of live restraint cables are required to be included in
the regulations to be established by Department of Environmental
Conservation. The use of live cable restraints is a humane way of
trapping animals.

 PRIOR LEGISLATIVE HISTORY :

2015/2016 S. 2953C/A. 9462A Passed Senate
2014: A9137-A referred to environmental conservations; same as S548-C
(Grisanti) passed Senate;
2013: A4023A (Gabryszak) referred to environmental conservation;
2012: A6203 (Gabryszak) referred to environmental conservations; same
as S4213 (Grisanti) passed Senate;
2010 A6089 (DelMonte) referred to environmental conservation; same as
S3542 (Aubertine) referred to environmental conservation

 FISCAL IMPLICATIONS :

None

 EFFECTIVE DATE :
This act shall take effect immediately and shall expire and be deemed
repealed February 16, 2020.

2017-S372 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    372
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 4, 2017
                                ___________
 
 Introduced  by  Sen.  ORTT  --  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; 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  STATE,
 EXCEPT  IN  THE  FOLLOWING  COUNTIES:   WESTCHESTER, ROCKLAND, RICHMOND,
 SUFFOLK AND NASSAU. 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
 CIRCUMFERENCE  TO ALLOW DEER THAT MAY ENCOUNTER THE RESTRAINT TO ESCAPE;
 AND
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD04318-01-7

 S. 372                              2
 
   (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.
   § 2. This act shall take effect immediately and shall  expire  and  be
 deemed repealed February 16, 2020.

2017-S372A - Details

See Assembly Version of this Bill:: A10623
Current Committee:: Senate Environmental Conservation
Law Section:: Environmental Conservation Law
Laws Affected:: Amd §11-1101, En Con L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S3542
2011-2012: S4213
2013-2014: S548
2015-2016: S2953
2019-2020: S260
2021-2022: S3494
2023-2024: S785
2025-2026: S2145

2017-S372A - Summary

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

2017-S372A - Sponsor Memo

                                
 
BILL NUMBER: S372A

SPONSOR: ORTT
 
TITLE OF BILL:  An act to amend the environmental conservation law, in
relation to the regulation of live restraint cable devices to take wild-
life; and providing for the repeal of such provisions upon the expira-
tion thereof

 
PURPOSE OR GENERAL IDEA OF BILL:

To authorize the department of environmental conservation to authorize
the use of and to regulate live restraint cable devices in certain areas
of the State.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1 of the bill amends the environmental conservation law section
11-1101 (5) to authorize the department of environmental conservation,
by regulation, to permit the use of live cable restraint devices to take
coyote and other species as allowed by the department in certain areas
of the State. These regulations shall include live cable restraint

devices consisting of at least (1) one swivel (a device incorporated at
the end of the cable restraint which allows the captured animal to free-
ly rotate); (2) a relaxing lock (a device that allows the cable loop to
stop restricting when the captured animal stops pulling); (3) a deer
stop (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).

Section 1 also provides that trappers using live cable restraint devices
must complete a training course in their construction and use offered by
the department.

Section 2 is the effective date.

 
JUSTIFICATION:

Live cable restraints are an effective tool for the live capture of many
furbearer species including coyotes and meet international humane stand-
ards.

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.

The October 2012 management plan for bobcat in New York State talks
about cable restraints as a best management practice approved device.

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 State.

Live restraint devices 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 no injury.
Live cable restraints are currently used in 38 states and most Canadian
provinces. Missouri (2004), Wisconsin (2004), Michigan (2005), and Penn-
sylvania (2005) changed their trapping regulations to allow the use of
live cable restraints. All of these states have habitats, trapping
conditions, and furbearer species that are comparable to those of New
York.

The design features that are essential to the proper and humane func-
tioning of live restraint cables are required to be included in the
regulations to be established by Department of Environmental Conserva-
tion. The use of live cable restraints is a humane way of trapping
animals.

 
PRIOR LEGISLATIVE HISTORY:

2015/2016 S. 2953C/A. 9462A Passed Senate
2014: A9137-A referred to environmental conservations; same as S548-C
(Grisanti) passed Senate;
2013: A4023A (Gabryszak) referred to environmental conservation;
2012: A6203 (Gabryszak) referred to environmental conservations; same as
S4213 (Grisanti) passed Senate;
2010 A6089 (DelMonte) referred to environmental conservation; same as
S3542 (Aubertine) referred to environmental conservation

 
FISCAL IMPLICATIONS:

None

 
EFFECTIVE DATE:
This act shall take effect immediately and shall expire and be deemed
repealed February 16, 2020.

2017-S372A - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  372--A
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 4, 2017
                                ___________
 
 Introduced  by  Sen.  ORTT  --  read twice and ordered printed, and when
   printed to be committed to the Committee on Environmental Conservation
   -- 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 STATE,
 EXCEPT IN THE FOLLOWING  COUNTIES:    WESTCHESTER,  ROCKLAND,  RICHMOND,
 SUFFOLK AND NASSAU. 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.
                                                            LBD04318-02-8

 S. 372--A                           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.
   §  2.  This  act shall take effect immediately and shall expire and be
 deemed repealed February 16, 2021.

2017-S372B - Details

See Assembly Version of this Bill:: A10623
Current Committee:: Senate Environmental Conservation
Law Section:: Environmental Conservation Law
Laws Affected:: Amd §11-1101, En Con L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S3542
2011-2012: S4213
2013-2014: S548
2015-2016: S2953
2019-2020: S260
2021-2022: S3494
2023-2024: S785
2025-2026: S2145

2017-S372B - Summary

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

2017-S372B - Sponsor Memo

                                
 
BILL NUMBER: S372B

SPONSOR: ORTT
 
TITLE OF BILL:  An act to amend the environmental conservation law, in
relation to the regulation of live restraint cable devices to take wild-
life; and providing for the repeal of such provisions upon the expira-
tion thereof

 
PURPOSE OR GENERAL IDEA OF BILL:

To authorize the department of environmental conservation to authorize
the use of and to regulate live restraint cable devices in certain areas
of the State.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1 of the bill amends the environmental conservation law section
11-1101 (5) to authorize the department of environmental conservation,
by regulation, to permit the use of live cable restraint devices to take
coyote and other species as allowed by the department in certain areas
of the State. These regulations shall include live cable restraint

devices consisting of at least (1) one swivel (a device incorporated at
the end of the cable restraint which allows the captured animal to free-
ly rotate); (2) a relaxing lock (a device that allows the cable loop to
stop restricting when the captured animal stops pulling); (3) a deer
stop (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). Also requires traps to be
checked a minimum of once every 24 hours and that the season shall start
no sooner than December 1.

Section 1 also provides that trappers using live cable restraint devices
must complete a training course in their construction and use offered by
the department.

Section 2 is the effective date.

 
JUSTIFICATION:

Live cable restraints are an effective tool for the live capture of many
furbearer species including coyotes and meet international humane stand-
ards.

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.

The October 2012 management plan for bobcat in New York State talks
about cable restraints as a best management practice approved device.

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 State.

Live restraint devices 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 no injury.
Live cable restraints are currently used in 38 states and most Canadian
provinces. Missouri (2004), Wisconsin (2004), Michigan (2005), and Penn-
sylvania (2005) changed their trapping regulations to allow the use of
live cable restraints. All of these states have habitats, trapping
conditions, and furbearer species that are comparable to those of New
York.

The design features that are essential to the proper and humane func-
tioning of live restraint cables are required to be included in the
regulations to be established by Department of Environmental Conserva-
tion. The use of live cable restraints is a humane way of trapping
animals.

 
PRIOR LEGISLATIVE HISTORY:

2015/2016 S. 2953C/A. 9462A Passed Senate
2014: A9137-A referred to environmental conservations; same as S548-C
(Grisanti) passed Senate;
2013: A4023A (Gabryszak) referred to environmental conservation;
2012: A6203 (Gabryszak) referred to environmental conservations; same as
S4213 (Grisanti) passed Senate;
2010: A6089 (DelMonte) referred to environmental conservation; same as
S3542 (Aubertine) referred to environmental conservation

 
FISCAL IMPLICATIONS:

None

 
EFFECTIVE DATE:
This act shall take effect immediately and shall expire and be deemed
repealed February 16, 2020.

2017-S372B - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  372--B
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 4, 2017
                                ___________
 
 Introduced  by  Sen.  ORTT  --  read twice and ordered printed, and when
   printed to be committed to the Committee on Environmental Conservation
   -- 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  --  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. A. 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.
   B. NOTWITHSTANDING THE PROVISIONS OF PARAGRAPH A OF THIS  SUBDIVISION,
 THE  DEPARTMENT  MAY, BY REGULATION, AUTHORIZE THE USE OF LIVE RESTRAINT
 CABLE DEVICES TO TAKE COYOTE AND OTHER SPECIES AS ALLOWED BY THE DEPART-
 MENT IN THE STATE, EXCEPT IN THE FOLLOWING COUNTIES:  WESTCHESTER, ROCK-
 LAND, RICHMOND, SUFFOLK AND NASSAU. THE  USE  OF  LIVE  RESTRAINT  CABLE
 DEVICES  SHALL  ONLY  BE PERMITTED FOR A PERIOD OF TIME SPECIFIED BY THE
 DEPARTMENT BEGINNING NO EARLIER THAN DECEMBER FIRST.   SUCH  REGULATIONS
 SHALL  INCLUDE  LIVE  CABLE RESTRAINT DEVICES CONSISTING OF AT LEAST ONE
 SWIVEL, A RELAXING LOCK, A DEER STOP, AND  A  BREAK  AWAY  DEVICE.  SUCH
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD04318-03-8

 S. 372--B                           2
 
 REGULATIONS  SHALL  ALSO  REQUIRE THAT ANY PERSON USING A LIVE RESTRAINT
 CABLE SHALL CHECK SUCH DEVICE AT LEAST  ONCE  EVERY  TWENTY-FOUR  HOURS.
 FOR THE PURPOSES OF THIS PROVISION:
   (A)  A  SWIVEL  IS  A  DEVICE  INCORPORATED  AT  THE  END OF THE CABLE
 RESTRAINT WHICH ALLOWS THE CAPTURED ANIMAL TO FREELY ROTATE;
   (B) A RELAXING LOCK IS A DEVICE THAT ALLOWS THE  CABLE  LOOP  TO  STOP
 RESTRICTING WHEN THE CAPTURED ANIMAL STOPS PULLING;
   (C)  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
   (D)  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.
   §  2.  This  act shall take effect immediately and shall expire and be
 deemed repealed February 16, 2021.

2017-S372C (ACTIVE) - Details

See Assembly Version of this Bill:: A10623
Current Committee:: Senate Environmental Conservation
Law Section:: Environmental Conservation Law
Laws Affected:: Amd §11-1101, En Con L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S3542
2011-2012: S4213
2013-2014: S548
2015-2016: S2953
2019-2020: S260
2021-2022: S3494
2023-2024: S785
2025-2026: S2145

2017-S372C (ACTIVE) - Summary

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

2017-S372C (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S372C

SPONSOR: ORTT
 
TITLE OF BILL:  An act to amend the environmental conservation law, in
relation to the regulation of live restraint cable devices to take wild-
life; and providing for the repeal of such provisions upon the expira-
tion thereof

 
PURPOSE OR GENERAL IDEA OF BILL:

To authorize the department of environmental conservation to authorize
the use of and to regulate live restraint cable devices in certain areas
of the State.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1 of the bill amends the environmental conservation law section
11-1101 (5) to authorize the department of environmental conservation,
by regulation, to permit the use of live cable restraint devices to take
coyote and other species as allowed by the department. These regulations
shall include live cable restraint devices consisting of at least (1)

one swivel (a device incorporated at the end of the cable restraint
which allows the captured animal to freely rotate); (2) a relaxing lock
(a device that allows the cable loop to stop restricting when the
captured animal stops pulling); (3) a deer stop (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 encount-
er 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). Also requires traps to be checked a minimum of once
every 24 hours and that the season shall start no sooner than December
1.

Section 1 also provides that trappers using live cable restraint devices
must complete a training course in their construction and use offered by
the department.

Section 2 is the effective date.

 
JUSTIFICATION:

Live cable restraints are an effective tool for the live capture of many
furbearer species including coyotes and meet international humane stand-
ards.

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.

The October 2012 management plan for bobcat in New York State talks
about cable restraints as a best management practice approved device.
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 State.

Live restraint devices 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 no injury.
Live cable restraints are currently used in 38 states and most Canadian
provinces. Missouri (2004), Wisconsin (2004), Michigan (2005), and Penn-
sylvania (2005) changed their trapping regulations to allow the use of
live cable restraints. All of these states have habitats, trapping
conditions, and furbearer species that are comparable to those of New
York.

The design features that are essential to the proper and humane func-
tioning of live restraint cables are required to be included in the
regulations to be established by Department of Environmental Conserva-
tion. The use of live cable restraints is a humane way of trapping
animals.

 
PRIOR LEGISLATIVE HISTORY:

2015/2016 S. 2953C/A. 9462A Passed Senate
2014: A9137-A referred to environmental conservations; same as S548-C
(Grisanti) passed Senate;
2013: A4023A (Gabryszak) referred to environmental conservation;
2012: A6203 (Gabryszak) referred to environmental conservations; same as
S4213 (Grisanti) passed Senate;
2010: A6089 (DelMonte) referred to environmental conservation; same as
S3542 (Aubertine) referred to environmental conservation

 
FISCAL IMPLICATIONS:

None

 
EFFECTIVE DATE:
This act shall take effect immediately and shall expire and be deemed
repealed February 16, 2020.

2017-S372C (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  372--C
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 4, 2017
                                ___________
 
 Introduced  by  Sen.  ORTT  --  read twice and ordered printed, and when
   printed to be committed to the Committee on Environmental Conservation
   -- 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  --  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
   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. A. 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.
   B. NOTWITHSTANDING THE PROVISIONS OF PARAGRAPH A OF THIS  SUBDIVISION,
 THE  DEPARTMENT  MAY, BY REGULATION, AUTHORIZE THE USE OF LIVE RESTRAINT
 CABLE DEVICES TO TAKE COYOTE AND OTHER SPECIES AS ALLOWED BY THE DEPART-
 MENT IN THE STATE.  THE USE OF LIVE RESTRAINT CABLE DEVICES  SHALL  ONLY
 BE  PERMITTED FOR A PERIOD OF TIME SPECIFIED BY THE DEPARTMENT BEGINNING
 NO EARLIER THAN DECEMBER FIRST.   SUCH REGULATIONS  SHALL  INCLUDE  LIVE
 CABLE  RESTRAINT  DEVICES  CONSISTING OF AT LEAST ONE SWIVEL, A RELAXING
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD04318-05-8

 S. 372--C                           2
 
 LOCK, A DEER STOP, AND A BREAK AWAY DEVICE. SUCH REGULATIONS SHALL  ALSO
 REQUIRE  THAT  ANY  PERSON USING A LIVE RESTRAINT CABLE SHALL CHECK SUCH
 DEVICE AT LEAST ONCE EVERY TWENTY-FOUR HOURS.  FOR THE PURPOSES OF  THIS
 PROVISION:
   (A)  A  SWIVEL  IS  A  DEVICE  INCORPORATED  AT  THE  END OF THE CABLE
 RESTRAINT WHICH ALLOWS THE CAPTURED ANIMAL TO FREELY ROTATE;
   (B) A RELAXING LOCK IS A DEVICE THAT ALLOWS THE  CABLE  LOOP  TO  STOP
 RESTRICTING WHEN THE CAPTURED ANIMAL STOPS PULLING;
   (C)  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
   (D)  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.
   §  2.  This  act shall take effect immediately and shall expire and be
 deemed repealed February 16, 2021.

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Sponsored By

Robert G. Ortt

Archive: Last Bill Status - In Senate Committee Environmental Conservation Committee

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2017-S372C (ACTIVE) - Details

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2017-S372C (ACTIVE) - Bill Text download pdf

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