NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A9462A
SPONSOR: Magee (MS) 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 used to take
wildlife in the northern zone.
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 the northern
zone. 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 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 Northern Zone.
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:
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, 2019.
STATE OF NEW YORK
________________________________________________________________________
9462--A
IN ASSEMBLY
March 8, 2016
___________
Introduced by M. of A. MAGEE, ABINANTI, TITONE, RUSSELL, CROUCH, BRABE-
NEC, SKOUFIS -- Multi-Sponsored by -- M. of A. GALEF, LOPEZ, LUPARDO,
PRETLOW, SIMON -- read once and referred to the Committee on Environ-
mental 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 state,
11 except in the following counties: Westchester, Rockland, Richmond,
12 Suffolk and Nassau. These regulations shall include live cable restraint
13 devices consisting of at least one swivel, a relaxing lock, a deer stop,
14 and a break away device. For the purposes of this provision:
15 (1) a swivel is a device incorporated at the end of the cable
16 restraint which allows the captured animal to freely rotate;
17 (2) a relaxing lock is a device that allows the cable loop to stop
18 restricting when the captured animal stops pulling;
19 (3) a deer stop is a device incorporated into the loop of the cable
20 restraint that keeps the cable restraint from closing beyond a specified
21 circumference to allow deer that may encounter the restraint to escape;
22 and
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD02762-07-6
A. 9462--A 2
1 (4) a break away device allows the loop of the cable restraint to
2 break open when a specified amount of force is applied.
3 Trappers using live cable restraint devices must complete a training
4 course in their construction and use offered by the department.
5 § 2. This act shall take effect immediately and shall expire and be
6 deemed repealed February 16, 2019.
