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S00785 Text:

                STATE OF NEW YORK
                               2023-2024 Regular Sessions
                    IN SENATE
                                     January 6, 2023
        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-
          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. a. Except as provided in subdivision 1 or 2 of section  11-0523  of
     4  this  article  with  respect  to  destructive  and menacing wildlife, no
     5  person shall (a) set or use a trap of the leg-gripping type having teeth
     6  in the jaws; (b) set a leg hold trap so that  wildlife  when  caught  is
     7  suspended;  (c)  use,  locate or set a snare or a device consisting of a
     8  noose of any material whereby an animal may be taken.
     9    b. Notwithstanding the provisions of paragraph a of this  subdivision,
    10  the  department  may, by regulation, authorize the use of live restraint
    11  cable devices to take coyote and other species as allowed by the depart-
    12  ment in the state.  The use of live restraint cable devices  shall  only
    13  be  permitted for a period of time specified by the department beginning
    14  no earlier than December first.   Such regulations  shall  include  live
    15  cable  restraint  devices  consisting of at least one swivel, a relaxing
    16  lock, a deer stop, and a break away device. Such regulations shall  also
    17  require  that  any  person using a live restraint cable shall check such
    18  device at least once every twenty-four hours.  For the purposes of  this
    19  provision:
    20    (a)  a  swivel  is  a  device  incorporated  at  the  end of the cable
    21  restraint which allows the captured animal to freely rotate;
    22    (b) a relaxing lock is a device that allows the  cable  loop  to  stop
    23  restricting when the captured animal stops pulling;
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.

        S. 785                              2
     1    (c)  a  deer  stop is a device incorporated into the loop of the cable
     2  restraint that keeps the cable restraint from closing beyond a specified
     3  circumference to allow deer that may encounter the restraint to  escape;
     4  and
     5    (d)  a  break  away  device  allows the loop of the cable restraint to
     6  break open when a specified amount of force is applied.
     7    Trappers using live cable restraint devices must complete  a  training
     8  course in their construction and use offered by the department.
     9    §  2.  This  act shall take effect immediately and shall expire and be
    10  deemed repealed February 16, 2026.
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