BILL NUMBER: S260

SPONSOR: ORTT
 
TITLE OF BILL:

An act to amend the environmental conservation law, in relation to the
regulation of live restraint cable devices to take wildlife; and provid-
ing for the repeal of such provisions upon the expiration 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 in certain areas
of the State.

 
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. 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 encount-
er 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). Also requires traps to be checked a minimum of once
every 24 hours and that the season shall start no sooner than December
1.

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 State.

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:

S. 372C/ referred to Senate Environmental Conservation Committee
2015/2016 S. 2953C/A. 9462A Passed Senate
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, 2020.