NY State Senate Bill 2013-S548B

Senate Bill S548B

2013-2014 Legislative Session

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

download bill text pdf

Archive: Last Bill Status - In Assembly Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 12, 2014	referred to environmental conservation delivered to assembly passed senate
Jun 10, 2014	advanced to third reading
Jun 09, 2014	2nd report cal.
Jun 03, 2014	1st report cal.1156
Jan 09, 2014	print number 548c
Jan 09, 2014	amend and recommit to environmental conservation
Jan 08, 2014	referred to environmental conservation returned to senate died in assembly
Mar 19, 2013	referred to environmental conservation delivered to assembly passed senate
Mar 05, 2013	advanced to third reading
Mar 04, 2013	2nd report cal.
Feb 28, 2013	1st report cal.112
Feb 13, 2013	print number 548b
Feb 13, 2013	amend and recommit to environmental conservation
Jan 15, 2013	print number 548a
Jan 15, 2013	amend (t) and recommit to environmental conservation
Jan 09, 2013	referred to environmental conservation

Votes

- Jun 12, 2014 - Floor Vote
  S548B
  
  57
  
  Aye
  
  0
  
  Nay
  
  0
  
  Absent
  
  4
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 12, 2014
      
      aye (57)
      
      Addabbo Jr.
      
      Avella
      
      Ball
      
      Bonacic
      
      Boyle
      
      Breslin
      
      Carlucci
      
      DeFrancisco
      
      Diaz
      
      Dilan
      
      Farley
      
      Felder
      
      Flanagan
      
      Gallivan
      
      Gianaris
      
      Gipson
      
      Golden
      
      Griffo
      
      Grisanti
      
      Hannon
      
      Hoylman-Sigal
      
      Klein
      
      Krueger
      
      LaValle
      
      Lanza
      
      Larkin
      
      Latimer
      
      Libous
      
      Little
      
      Marcellino
      
      Marchione
      
      Martins
      
      Maziarz
      
      Montgomery
      
      Nozzolio
      
      O'Brien
      
      O'Mara
      
      Parker
      
      Peralta
      
      Perkins
      
      Ranzenhofer
      
      Ritchie
      
      Rivera
      
      Robach
      
      Sampson
      
      Sanders Jr.
      
      Savino
      
      Serrano
      
      Seward
      
      Skelos
      
      Squadron
      
      Stavisky
      
      Stewart-Cousins
      
      Tkaczyk
      
      Valesky
      
      Young
      
      Zeldin
      
      excused (4)
      
      Espaillat
      
      Hassell-Thompson
      
      Kennedy
      
      Smith
  Mar 19, 2013 - Floor Vote
  S548B
  
  63
  
  Aye
  
  0
  
  Nay
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Mar 19, 2013
      
      aye (63)
      
      Adams
      
      Addabbo Jr.
      
      Avella
      
      Ball
      
      Bonacic
      
      Boyle
      
      Breslin
      
      Carlucci
      
      DeFrancisco
      
      Diaz
      
      Dilan
      
      Espaillat
      
      Farley
      
      Felder
      
      Flanagan
      
      Fuschillo
      
      Gallivan
      
      Gianaris
      
      Gipson
      
      Golden
      
      Griffo
      
      Grisanti
      
      Hannon
      
      Hassell-Thompson
      
      Hoylman-Sigal
      
      Kennedy
      
      Klein
      
      Krueger
      
      LaValle
      
      Lanza
      
      Larkin
      
      Latimer
      
      Libous
      
      Little
      
      Marcellino
      
      Marchione
      
      Martins
      
      Maziarz
      
      Montgomery
      
      Nozzolio
      
      O'Brien
      
      O'Mara
      
      Parker
      
      Peralta
      
      Perkins
      
      Ranzenhofer
      
      Ritchie
      
      Rivera
      
      Robach
      
      Sampson
      
      Sanders Jr.
      
      Savino
      
      Serrano
      
      Seward
      
      Skelos
      
      Smith
      
      Squadron
      
      Stavisky
      
      Stewart-Cousins
      
      Tkaczyk
      
      Valesky
      
      Young
      
      Zeldin
  Jun 3, 2014 - Environmental Conservation Committee Vote
  S548B
  
  12
  
  Aye
  
  0
  
  Nay
  
  1
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Environmental Conservation Committee Vote: Jun 3, 2014
      
      aye (12)
      
      Avella
      
      Espaillat
      
      Grisanti
      
      LaValle
      
      Latimer
      
      Little
      
      Maziarz
      
      O'Brien
      
      O'Mara
      
      Serrano
      
      Tkaczyk
      
      Young
      
      aye wr (1)
      
      Marcellino
  Feb 28, 2013 - Environmental Conservation Committee Vote
  S548B
  
  12
  
  Aye
  
  1
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Environmental Conservation Committee Vote: Feb 28, 2013
      
      aye (12)
      
      Avella
      
      Grisanti
      
      LaValle
      
      Latimer
      
      Little
      
      Marcellino
      
      Maziarz
      
      O'Mara
      
      Serrano
      
      Smith
      
      Tkaczyk
      
      Young
      
      nay (1)
      
      Espaillat

Bill Amendments

Original

C (Active)

2013-S548 - Details

See Assembly Version of this Bill:: A4023
Current Committee:: Assembly Environmental Conservation
Law Section:: Environmental Conservation Law
Laws Affected:: Amd §11-1101, En Con L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S3542, A6089
2011-2012: S4213, A6203
2015-2016: S2953, A927, A9462
2017-2018: S372
2019-2020: S260
2021-2022: S3494
2023-2024: S785

2013-S548 - Summary

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

2013-S548 - Sponsor Memo

                                BILL NUMBER:S548

TITLE OF BILL:

An act
to amend the environmental conservation law, in relation to the
regulation of live restraint cable devices to take wildlife

PURPOSE OR GENERAL IDEA OF BILL:

SUMMARY OF SPECIFIC PROVISIONS:
Section 1 of this bill amends ECL
§11-1101(5) to authorize the DEC to allow the use of live restraint
cable devices for the trapping of wildlife.

Section 2 of this bill provides for an immediate effective date.

JUSTIFICATION:
The bill authorizes the use of live restraint devices
for trapping, which 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 any injury.

These restraint devices have been thoroughly studied by several state

agencies, the Association of Fish and Wildlife Agencies, and the u.S.
Department of Agriculture. They are currently allowed to be used in 38
states and most Canadian provinces. Recently, Missouri (2004),
Wisconsin (2004), Michigan (2005), and Pennsylvania (2005) changed
their trapping regulations to allow the use of cable restraints.
These initiatives were based largely on the new research done in
support of the development of best management practices (BMPs) for
trapping. All of these states have habitats, trapping conditions, and
furbearer species that are comparable to those of New York.

As coyotes continue to move into developed areas and are trapped to
control their populations, the possibility of trapping incidents
involving domestic dogs may increase. The live-restraint devices are
preferred by trappers and DEC in such circumstances because if a
domestic dog were accidentally captured, it could be easily released
with little or no injury. Cable restraints are also highly effective
for capturing coyotes and are used by researchers throughout the
country to catch coyotes for radio telemetry studies.

Cable restraints have been approved by a number of institutional
animal care and use committees pursuant to the Federal Animal Welfare
Act, and are used by researchers at both Cornell University and the
SUNY College of Environmental Science and Forestry in support of
Department-sponsored research. The specific mandate of these
committees is to assure that the proposed capture techniques (i.e.,
cable restraints) are humane and consistent with animal welfare
requirements. While cable devices are relatively simple, there are a
number of very specific design features that are essential to their
proper and humane functioning. These include the use of specific


cable designs to assure proper closing and "relaxing," the use of
"stops" to prevent the loop from closing too tightly, and the fitting
of "relaxing lock" systems to ensure that the loop relaxes once an
animal stops pulling. These technical requirements will be
established by DEC rulemaking.
DEC will regularly revise its regulations to specify new requirements
as improvements in design and function of cable restraints are tested
and approved.

PRIOR LEGISLATIVE HISTORY:
S.4213 Passed Senate in 2011

FISCAL IMPLICATIONS:
None to the state

EFFECTIVE DATE:
This act shall take effect immediately.

2013-S548 - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                   548

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by Sen. GRISANTI -- 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

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1.   Subdivision 5 of section  11-1101  of  the  environmental
conservation law is amended to read as follows:
  5. Except as provided in subdivision 1 or 2 of section 11-0523 OF THIS
ARTICLE  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, PROVIDED HOWEVER THAT THE DEPARTMENT
MAY, BY REGULATION, AUTHORIZE THE USE OF LIVE RESTRAINT CABLE DEVICES TO
TAKE WILDLIFE.
  S 2. This act shall take effect immediately.





 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04616-01-3

2013-S548A - Details

See Assembly Version of this Bill:: A4023
Current Committee:: Assembly Environmental Conservation
Law Section:: Environmental Conservation Law
Laws Affected:: Amd §11-1101, En Con L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S3542, A6089
2011-2012: S4213, A6203
2015-2016: S2953, A927, A9462
2017-2018: S372
2019-2020: S260
2021-2022: S3494
2023-2024: S785

2013-S548A - Summary

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

2013-S548A - Sponsor Memo

2013-S548A - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 548--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by Sen. GRISANTI -- read twice and ordered printed, and when
  printed to be committed 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:

  Section 1.   Subdivision 5 of section  11-1101  of  the  environmental
conservation law is amended to read as follows:
  5. Except as provided in subdivision 1 or 2 of section 11-0523 OF THIS
ARTICLE  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, EXCEPT THE DEPARTMENT MAY, BY REGU-
LATION, AUTHORIZE THE USE OF LIVE RESTRAINT CABLE 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 ONE SWIVEL, A RELAXING LOCK, A DEER STOP, AND A BREAK AWAY
DEVICE. FOR THE PURPOSES OF THIS PROVISION:
  (1) A SWIVEL IS  A  DEVICE  INCORPORATED  AT  THE  END  OF  THE  CABLE
RESTRAINT WHICH ALLOWS THE CAPTURED ANIMAL TO FREELY ROTATE;
  (2)  A  RELAXING  LOCK  IS A DEVICE THAT ALLOWS THE CABLE LOOP TO STOP
RESTRICTING WHEN THE CAPTURED ANIMAL STOPS PULLING;
  (3) A DEER STOP IS A DEVICE INCORPORATED INTO THE LOOP  OF  THE  CABLE
RESTRAINT THAT KEEPS THE CABLE RESTRAINT FROM CLOSING BEYOND A SPECIFIED

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04616-02-3

S. 548--A                           2

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.
  TRAPPERS USING LIVE CABLE RESTRAINT DEVICES MUST COMPLETE  A  TRAINING
COURSE IN THEIR CONSTRUCTION AND USE OFFERED BY THE DEPARTMENT.
  S  2.  This  act shall take effect immediately and shall expire and be
deemed repealed February 16, 2016.

2013-S548B - Details

See Assembly Version of this Bill:: A4023
Current Committee:: Assembly Environmental Conservation
Law Section:: Environmental Conservation Law
Laws Affected:: Amd §11-1101, En Con L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S3542, A6089
2011-2012: S4213, A6203
2015-2016: S2953, A927, A9462
2017-2018: S372
2019-2020: S260
2021-2022: S3494
2023-2024: S785

2013-S548B - Summary

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

2013-S548B - Sponsor Memo

2013-S548B - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 548--B

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by Sen. GRISANTI -- read twice and ordered printed, and when
  printed to be committed to the Committee on Environmental Conservation
  -- committee discharged, bill amended, ordered  reprinted  as  amended
  and  recommitted  to  said  committee  --  committee  discharged, bill
  amended, ordered reprinted as amended and recommitted to said  commit-
  tee

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:

  Section 1.   Subdivision 5 of section  11-1101  of  the  environmental
conservation law is amended to read as follows:
  5. Except as provided in subdivision 1 or 2 of section 11-0523 OF THIS
ARTICLE  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 LEG HOLD 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, EXCEPT THE DEPARTMENT MAY, BY
REGULATION, AUTHORIZE THE USE OF LIVE RESTRAINT CABLE  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 ONE SWIVEL, A RELAXING LOCK, A DEER STOP, AND A
BREAK AWAY DEVICE. FOR THE PURPOSES OF THIS PROVISION:
  (1) A SWIVEL IS  A  DEVICE  INCORPORATED  AT  THE  END  OF  THE  CABLE
RESTRAINT WHICH ALLOWS THE CAPTURED ANIMAL TO FREELY ROTATE;
  (2)  A  RELAXING  LOCK  IS A DEVICE THAT ALLOWS THE CABLE LOOP TO STOP
RESTRICTING WHEN THE CAPTURED ANIMAL STOPS PULLING;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04616-03-3

S. 548--B                           2

  (3) A DEER STOP IS 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.
  TRAPPERS USING LIVE CABLE RESTRAINT DEVICES MUST COMPLETE  A  TRAINING
COURSE IN THEIR CONSTRUCTION AND USE OFFERED BY THE DEPARTMENT.
  S  2.  This  act shall take effect immediately and shall expire and be
deemed repealed February 16, 2016.

2013-S548C (ACTIVE) - Details

See Assembly Version of this Bill:: A4023
Current Committee:: Assembly Environmental Conservation
Law Section:: Environmental Conservation Law
Laws Affected:: Amd §11-1101, En Con L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S3542, A6089
2011-2012: S4213, A6203
2015-2016: S2953, A927, A9462
2017-2018: S372
2019-2020: S260
2021-2022: S3494
2023-2024: S785

2013-S548C (ACTIVE) - Summary

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

2013-S548C (ACTIVE) - Sponsor Memo

2013-S548C (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 548--C

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by Sen. GRISANTI -- read twice and ordered printed, and when
  printed to be committed to the Committee on Environmental Conservation
  -- committee discharged, bill amended, ordered  reprinted  as  amended
  and  recommitted  to  said  committee  --  committee  discharged, bill
  amended, ordered reprinted as amended and recommitted to said  commit-
  tee  --  recommitted to the Committee on Environmental Conservation in
  accordance with Senate Rule 6, sec. 8 --  committee  discharged,  bill
  amended,  ordered reprinted as amended and recommitted to said commit-
  tee

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:

  Section  1.    Subdivision  5  of section 11-1101 of the environmental
conservation law is amended to read as follows:
  5. Except as provided in subdivision 1 or 2 of section 11-0523 OF THIS
ARTICLE 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 LEG HOLD 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, EXCEPT THE DEPARTMENT  MAY,  BY
REGULATION,  AUTHORIZE  THE  USE OF LIVE RESTRAINT CABLE 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 ONE SWIVEL, A RELAXING LOCK, A DEER STOP,  AND  A
BREAK AWAY DEVICE. FOR THE PURPOSES OF THIS PROVISION:
  (1)  A  SWIVEL  IS  A  DEVICE  INCORPORATED  AT  THE  END OF THE CABLE
RESTRAINT WHICH ALLOWS THE CAPTURED ANIMAL TO FREELY ROTATE;

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

                                                           LBD04616-05-3

S. 548--C                           2

  (2) A RELAXING LOCK IS A DEVICE THAT ALLOWS THE  CABLE  LOOP  TO  STOP
RESTRICTING WHEN THE CAPTURED ANIMAL STOPS PULLING;
  (3)  A  DEER  STOP IS 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.
  TRAPPERS USING LIVE CABLE RESTRAINT DEVICES MUST COMPLETE  A  TRAINING
COURSE IN THEIR CONSTRUCTION AND USE OFFERED BY THE DEPARTMENT.
  S  2.  This  act shall take effect immediately and shall expire and be
deemed repealed February 16, 2017.

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Senate Bill S548B

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Sponsored By

Mark Grisanti

Archive: Last Bill Status - In Assembly Committee

Bill Amendments

2013-S548 - Details

2013-S548 - Summary

2013-S548 - Sponsor Memo

2013-S548 - Bill Text download pdf

2013-S548A - Details

2013-S548A - Summary

2013-S548A - Sponsor Memo

2013-S548A - Bill Text download pdf

2013-S548B - Details

2013-S548B - Summary

2013-S548B - Sponsor Memo

2013-S548B - Bill Text download pdf

2013-S548C (ACTIVE) - Details

2013-S548C (ACTIVE) - Summary

2013-S548C (ACTIVE) - Sponsor Memo

2013-S548C (ACTIVE) - Bill Text download pdf

Comments