STATE OF NEW YORK
________________________________________________________________________
110
2023-2024 Regular Sessions
IN ASSEMBLY(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:
1 Section 1. Subdivisions 5 and 6 of section 11-1101 of the environ-
2 mental conservation law, subdivision 6 as amended by chapter 47 of the
3 laws of 1975, subparagraph (b) of paragraph b of subdivision 6 as
4 amended by chapter 911 of the laws of 1990, and paragraph a of subdivi-
5 sion 6 as amended and paragraph c of such subdivision as added by chap-
6 ter 605 of the laws of 1991, are amended to read as follows:
7 5. Except as provided in subdivision 1 or 2 of section 11-0523 with
8 respect to destructive and menacing wildlife, no person shall (a) set or
9 use a trap of the leg-gripping type [having teeth in the jaws]; (b) set
10 a trap so that wildlife when caught is suspended; (c) use, locate or set
11 a snare or a device consisting of a noose of any material whereby an
12 animal may be taken.
13 6. a. No person shall set or use a trap of the leg-gripping type [(a)
14 having a spread of jaws exceeding 7 1/4" measured at right angles to the
15 axis upon which the jaws operate and excluding the gripping surface of
16 each jaw, when used under water during the open season for trapping
17 beaver or otter, or (b) in any other case], except as provided in title
18 5 or in section 11-1109[, having a spread of jaws exceeding 5-3/4" as so
19 measured].
20 b. No person shall set or use a body gripping type trap with a dimen-
21 sion of more than 7-1/2 inches except:
22 (a) when used in water during the open season for trapping beaver and
23 otter; or
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD01259-01-3
A. 110 2
1 (b) as further permitted by the department by regulation.
2 The dimension of the body gripping trap shall be ascertained when the
3 trap is set in the extreme cocked position and shall be the maximum
4 distance between pairs of contacting body gripping surfaces except for
5 rectangular devices which shall be the maximum perpendicular distance
6 between pairs of contacting body gripping surfaces.
7 [c. Traps of the leg-gripping type having a spread of jaws exceeding
8 4" measured as described in paragraph a of this subdivision, when set on
9 land (excluding traps originally set in water) (a) shall be covered at
10 the time the trap is set or visited; if the trap becomes uncovered after
11 it is set the covering shall be replaced at the time the trap is visit-
12 ed; coverings shall include but not be limited to soil, sand, leaves,
13 needles, other plant materials, and other substances as permitted by
14 department regulation; such substances shall completely cover the jaws
15 of the trap, and (b) shall be equipped with a pan tensioning device
16 which shall include but not be limited to a bolt and nut, notches
17 grooved in the pan and dog or lever, sheer pins, a spring under the pan
18 or strip of band steel, or other devices or modifications as permitted
19 by regulation of the department.]
20 § 2. Subdivision 7 of section 11-1901 of the environmental conserva-
21 tion law, as amended by chapter 351 of the laws of 1975, is amended to
22 read as follows:
23 7. On the licensed premises the licensee may take any unprotected wild
24 bird, or any predatory wildlife except, protected birds, disturbing
25 domestic game. Such birds or wildlife may be taken at any time and in
26 any manner, except that no trap of the leg-gripping type[, having teeth
27 in the jaws or having a greater spread of jaws than six inches,] shall
28 be used for such purpose, nor shall a trap be set so that any wildlife
29 when caught shall be suspended. Carcasses of such birds or wildlife
30 shall be immediately buried or cremated, except that carcasses of unpro-
31 tected wildlife, and of protected wildlife other than birds if taken
32 during their respective open seasons, may be possessed, transported,
33 bought and sold to the extent permitted by section 11-0917.
34 § 3. Subdivision 9 of section 11-1903 of the environmental conserva-
35 tion law, as amended by chapter 351 of the laws of 1975, is amended to
36 read as follows:
37 9. On the premises described in the application for the license, the
38 licensee may take any unprotected wild birds, or any predatory wildlife
39 except protected birds, disturbing domestic game. Such birds or wildlife
40 may be taken at any time and in any manner, except that no trap of the
41 leg-gripping type[, having teeth in the jaws or having a greater spread
42 of jaws than six inches,] shall be used for such purpose, nor shall a
43 trap be set so that any wildlife when caught shall be suspended.
44 Carcasses of such birds or wildlife shall be immediately buried or
45 cremated, except that carcasses of unprotected wildlife, and of
46 protected wildlife other than birds if taken during their respective
47 open seasons, may be possessed, transported, bought and sold to the
48 extent permitted by section 11-0917.
49 § 4. This act shall take effect on the thirtieth day after it shall
50 have become a law.
