The New York State Senate

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    110
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 4, 2023
                                ___________
 
 Introduced  by  M. of A. L. ROSENTHAL, DINOWITZ, GONZALEZ-ROJAS, EPSTEIN
   -- read once and referred to the Committee on Environmental  Conserva-
   tion
 
 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:
 
   Section  1.  Subdivisions  5  and 6 of section 11-1101 of the environ-
 mental conservation law, subdivision 6 as amended by chapter 47  of  the
 laws  of  1975,  subparagraph  (b)  of  paragraph  b of subdivision 6 as
 amended by chapter 911 of the laws of 1990, and paragraph a of  subdivi-
 sion  6 as amended and paragraph c of such subdivision as added by chap-
 ter 605 of the laws of 1991, are amended to read as follows:
   5. Except as provided in subdivision 1 or 2 of  section  11-0523  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.
   6.  a. No person shall set or use a trap of the leg-gripping type [(a)
 having a spread of jaws exceeding 7 1/4" measured at right angles to the
 axis upon which the jaws operate and excluding the gripping  surface  of
 each  jaw,  when  used  under  water during the open season for trapping
 beaver or otter, or (b) in any other case], except as provided in  title
 5 or in section 11-1109[, having a spread of jaws exceeding 5-3/4" as so
 measured].
   b.  No person shall set or use a body gripping type trap with a dimen-
 sion of more than 7-1/2 inches except:
   (a) when used in water during the open season for trapping beaver  and
 otter; or

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

                                                            LBD01259-01-3
 A. 110                              2
 
   (b) as further permitted by the department by regulation.
   The  dimension of the body gripping trap shall be ascertained when the
 trap is set in the extreme cocked position  and  shall  be  the  maximum
 distance  between  pairs of contacting body gripping surfaces except for
 rectangular devices which shall be the  maximum  perpendicular  distance
 between pairs of contacting body gripping surfaces.
   [c.  Traps  of the leg-gripping type having a spread of jaws exceeding
 4" measured as described in paragraph a of this subdivision, when set on
 land (excluding traps originally set in water) (a) shall be  covered  at
 the time the trap is set or visited; if the trap becomes uncovered after
 it  is set the covering shall be replaced at the time the trap is visit-
 ed; coverings shall include but not be limited to  soil,  sand,  leaves,
 needles,  other  plant  materials,  and other substances as permitted by
 department regulation; such substances shall completely cover  the  jaws
 of  the  trap,  and  (b)  shall be equipped with a pan tensioning device
 which shall include but not be  limited  to  a  bolt  and  nut,  notches
 grooved  in the pan and dog or lever, sheer pins, a spring under the pan
 or strip of band steel, or other devices or modifications  as  permitted
 by regulation of the department.]
   §  2.  Subdivision 7 of section 11-1901 of the environmental conserva-
 tion law, as amended by chapter 351 of the laws of 1975, is  amended  to
 read as follows:
   7. On the licensed premises the licensee may take any unprotected wild
 bird,  or  any  predatory  wildlife  except, protected birds, disturbing
 domestic game. Such birds or wildlife may be taken at any  time  and  in
 any  manner, except that no trap of the leg-gripping type[, having teeth
 in the jaws or having a greater spread of jaws than six  inches,]  shall
 be  used  for such purpose, nor shall a trap be set so that any wildlife
 when caught shall be suspended. Carcasses  of  such  birds  or  wildlife
 shall be immediately buried or cremated, except that carcasses of unpro-
 tected  wildlife,  and  of  protected wildlife other than birds if taken
 during their respective open seasons,  may  be  possessed,  transported,
 bought and sold to the extent permitted by section 11-0917.
   §  3.  Subdivision 9 of section 11-1903 of the environmental conserva-
 tion law, as amended by chapter 351 of the laws of 1975, is  amended  to
 read as follows:
   9.  On  the premises described in the application for the license, the
 licensee may take any unprotected wild birds, or any predatory  wildlife
 except protected birds, disturbing domestic game. Such birds or wildlife
 may  be  taken at any time and in any manner, except that no trap of the
 leg-gripping type[, having teeth in the jaws or having a greater  spread
 of  jaws  than  six inches,] shall be used for such purpose, nor shall a
 trap be set so  that  any  wildlife  when  caught  shall  be  suspended.
 Carcasses  of  such  birds  or  wildlife  shall be immediately buried or
 cremated,  except  that  carcasses  of  unprotected  wildlife,  and   of
 protected  wildlife  other  than  birds if taken during their respective
 open seasons, may be possessed, transported,  bought  and  sold  to  the
 extent permitted by section 11-0917.
   §  4.  This  act shall take effect on the thirtieth day after it shall
 have become a law.