Bill Text: NY A09137 | 2013-2014 | General Assembly | Amended

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

Spectrum: Partisan Bill (Democrat 7-0)

Status: (Introduced - Dead) 2014-04-09 - print number 9137a [A09137 Detail]

Download: New_York-2013-A09137-Amended.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        9137--A
                                 I N  A S S E M B L Y
                                    March 20, 2014
                                      ___________
       Introduced  by  M. of A. ABINANTI, TITONE -- Multi-Sponsored by -- M. of
         A. PRETLOW -- read once and referred 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:
    1    Section 1.   Subdivision 5 of section  11-1101  of  the  environmental
    2  conservation law is amended to read as follows:
    3    5. Except as provided in subdivision 1 or 2 of section 11-0523 OF THIS
    4  ARTICLE  with  respect  to  destructive and menacing wildlife, no person
    5  shall (a) set or use a trap of the leg-gripping type having teeth in the
    6  jaws; (b) set a LEG HOLD trap so that wildlife when caught is suspended;
    7  (c) use, locate or set a snare or a device consisting of a noose of  any
    8  material  whereby  an animal may be taken, EXCEPT THE DEPARTMENT MAY, BY
    9  REGULATION, AUTHORIZE THE USE OF LIVE RESTRAINT CABLE  DEVICES  TO  TAKE
   10  COYOTE  AND  OTHER  SPECIES AS ALLOWED BY THE DEPARTMENT IN THE NORTHERN
   11  ZONE. THESE REGULATIONS   SHALL INCLUDE  LIVE  CABLE  RESTRAINT  DEVICES
   12  CONSISTING  OF  AT LEAST ONE SWIVEL, A RELAXING LOCK, A DEER STOP, AND A
   13  BREAK AWAY DEVICE. FOR THE PURPOSES OF THIS PROVISION:
   14    (1) A SWIVEL IS  A  DEVICE  INCORPORATED  AT  THE  END  OF  THE  CABLE
   15  RESTRAINT WHICH ALLOWS THE CAPTURED ANIMAL TO FREELY ROTATE;
   16    (2)  A  RELAXING  LOCK  IS A DEVICE THAT ALLOWS THE CABLE LOOP TO STOP
   17  RESTRICTING WHEN THE CAPTURED ANIMAL STOPS PULLING;
   18    (3) A DEER STOP IS A DEVICE INCORPORATED INTO THE LOOP  OF  THE  CABLE
   19  RESTRAINT THAT KEEPS THE CABLE RESTRAINT FROM CLOSING BEYOND A SPECIFIED
   20  CIRCUMFERENCE  TO ALLOW DEER THAT MAY ENCOUNTER THE RESTRAINT TO ESCAPE;
   21  AND
   22    (4) A BREAK AWAY DEVICE ALLOWS THE LOOP  OF  THE  CABLE  RESTRAINT  TO
   23  BREAK OPEN WHEN A SPECIFIED AMOUNT OF FORCE IS APPLIED.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD04616-09-4
       A. 9137--A                          2
    1    TRAPPERS  USING  LIVE CABLE RESTRAINT DEVICES MUST COMPLETE A TRAINING
    2  COURSE IN THEIR CONSTRUCTION AND USE OFFERED BY THE DEPARTMENT.
    3    S  2.  This  act shall take effect immediately and shall expire and be
    4  deemed repealed February 16, 2017.