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

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 providing 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 in certain areas of the State. 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 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).

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 standards.

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 Pennsylvania (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 functioning of live restraint cables are required to be included in the regulations to be established by Department of Environmental Conservation. The use of live cable restraints is a humane way of trapping animals.

Prior legislative history

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, 2019.