S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10623
 
                           I N  A S S E M B L Y
 
                                May 9, 2018
                                ___________
 
 Introduced  by M. of A. JENNE -- read once and referred 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-
   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. A. 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.
   B. NOTWITHSTANDING THE PROVISIONS OF PARAGRAPH A OF THIS  SUBDIVISION,
 THE  DEPARTMENT  MAY, BY REGULATION, AUTHORIZE THE USE OF LIVE RESTRAINT
 CABLE DEVICES TO TAKE COYOTE AND OTHER SPECIES AS ALLOWED BY THE DEPART-
 MENT IN THE STATE.  THE USE OF LIVE RESTRAINT CABLE DEVICES  SHALL  ONLY
 BE  PERMITTED FOR A PERIOD OF TIME SPECIFIED BY THE DEPARTMENT BEGINNING
 NO EARLIER THAN DECEMBER FIRST.   SUCH REGULATIONS  SHALL  INCLUDE  LIVE
 CABLE  RESTRAINT  DEVICES  CONSISTING OF AT LEAST ONE SWIVEL, A RELAXING
 LOCK, A DEER STOP, AND A BREAK AWAY DEVICE. SUCH REGULATIONS SHALL  ALSO
 REQUIRE  THAT  ANY  PERSON USING A LIVE RESTRAINT CABLE SHALL CHECK SUCH
 DEVICE AT LEAST ONCE EVERY TWENTY-FOUR HOURS.  FOR THE PURPOSES OF  THIS
 PROVISION:
   (A)  A  SWIVEL  IS  A  DEVICE  INCORPORATED  AT  THE  END OF THE CABLE
 RESTRAINT WHICH ALLOWS THE CAPTURED ANIMAL TO FREELY ROTATE;
   (B) A RELAXING LOCK IS A DEVICE THAT ALLOWS THE  CABLE  LOOP  TO  STOP
 RESTRICTING WHEN THE CAPTURED ANIMAL STOPS PULLING;
   (C)  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.
              

                                                            LBD04318-06-8

 A. 10623                            2
 
 CIRCUMFERENCE TO ALLOW DEER THAT MAY ENCOUNTER THE RESTRAINT TO  ESCAPE;
 AND
   (D)  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.
   §  2.  This  act shall take effect immediately and shall expire and be
 deemed repealed February 16, 2021.