New York Activist Lawmaker Attacks Trapping

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Trapping Conservation and Self-Reliance News

New York Activist Lawmaker Attacks Trapping Nov 28, 2019 07:20 ET Original: New York Activist Lawmaker Attacks Trapping ====> Link to the proposed bill itself. TEXT FOR POSTERITY: NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f) BILL NUMBER: A8733 SPONSOR: Rosenthal L TITLE OF BILL: An act to amend the environmental conservation law, in relation to prohibiting the use of leg-gripping traps PURPOSE: To prohibit the use of wildlife leg-gripping traps. SUMMARY OF SPECIFIC PROVISIONS: Section one amends subdivisions 5 and 6 of 11-1101 of the environmental conservation law. Section two amends subdivision 7 of section 11-1901 of the environmental conservation law. Section three amends subdivision 9 of section 11-1903 of the environ- mental conservation law. Section four sets forth the effective date. JUSTIFICATION: Wildlife trapping is an activity licensed by the New York State Depart- ment of Environmental Conservation. The state license allows individuals to trap furbearing animals, such as beavers, raccoons, foxes and coyotes to produce fur products. Despite the availability of more humane alter- natives, such as box or cage traps, many trappers still use steel leg- gripping traps, also known as foothold traps. These traps are triggered by springs once an animal steps onto the trap, quickly clamping onto their limb and holding them in place until they are discovered by the trapper. In some regions of New York State, it may be up to 48 hours before a trapper checks on a trap. Animals caught in leg-gripping traps are immobilized, and therefore are unable to move, eat or drink, care for their young or defend themselves from predators. In some cases, animals have even been discovered chewing off their trapped limb in order to escape. The American Veterinary Medical Association is opposed to their use. LEGISLATIVE HISTORY: New bill. FISCAL IMPLICATIONS: Undetermined. EFFECTIVE DATE: This act shall take effect in 30 days. Go to top AB8733 Text: STATE OF NEW YORK 8733 2019-2020 Regular Sessions IN ASSEMBLY November 25, 2019 ___ Introduced by M. of A. L. ROSENTHAL -- read once and referred to the Committee on Environmental Conservation AN ACT to amend the environmental conservation law, in relation to prohibiting the use of leg-gripping traps The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subdivisions 5 and 6 of section 11-1101 of the environ- 2 mental conservation law, subdivision 6 as amended by chapter 47 of the 3 laws of 1975, subparagraph (b) of paragraph b of subdivision 6 as 4 amended by chapter 911 of the laws of 1990, and paragraph a of subdivi- 5 sion 6 as amended and paragraph c of such subdivision as added by chap- 6 ter 605 of the laws of 1991, are amended to read as follows: 7 5. Except as provided in subdivision 1 or 2 of section 11-0523 with 8 respect to destructive and menacing wildlife, no person shall (a) set or 9 use a trap of the leg-gripping type [having teeth in the jaws]; (b) set 10 a trap so that wildlife when caught is suspended; (c) use, locate or set 11 a snare or a device consisting of a noose of any material whereby an 12 animal may be taken. 13 6. a. No person shall set or use a trap of the leg-gripping type [(a) 14 having a spread of jaws exceeding 7 1/4" measured at right angles to the 15 axis upon which the jaws operate and excluding the gripping surface of 16 each jaw, when used under water during the open season for trapping 17 beaver or otter, or (b) in any other case], except as provided in title 18 5 or in section 11-1109[, having a spread of jaws exceeding 5-3/4" as so 19 measured]. 20 b. No person shall set or use a body gripping type trap with a dimen- 21 sion of more than 7-1/2 inches except: 22 (a) when used in water during the open season for trapping beaver and 23 otter; or 24 (b) as further permitted by the department by regulation. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD13939-01-9 A. 8733 2 1 The dimension of the body gripping trap shall be ascertained when the 2 trap is set in the extreme cocked position and shall be the maximum 3 distance between pairs of contacting body gripping surfaces except for 4 rectangular devices which shall be the maximum perpendicular distance 5 between pairs of contacting body gripping surfaces. 6 [c. Traps of the leg-gripping type having a spread of jaws exceeding 7 4" measured as described in paragraph a of this subdivision, when set on 8 land (excluding traps originally set in water) (a) shall be covered at 9 the time the trap is set or visited; if the trap becomes uncovered after 10 it is set the covering shall be replaced at the time the trap is visit- 11 ed; coverings shall include but not be limited to soil, sand, leaves, 12 needles, other plant materials, and other substances as permitted by 13 department regulation; such substances shall completely cover the jaws 14 of the trap, and (b) shall be equipped with a pan tensioning device 15 which shall include but not be limited to a bolt and nut, notches 16 grooved in the pan and dog or lever, sheer pins, a spring under the pan 17 or strip of band steel, or other devices or modifications as permitted 18 by regulation of the department.] 19 § 2. Subdivision 7 of section 11-1901 of the environmental conserva- 20 tion law, as amended by chapter 351 of the laws of 1975, is amended to 21 read as follows: 22 7. On the licensed premises the licensee may take any unprotected wild 23 bird, or any predatory wildlife except, protected birds, disturbing 24 domestic game. Such birds or wildlife may be taken at any time and in 25 any manner, except that no trap of the leg-gripping type[, having teeth 26 in the jaws or having a greater spread of jaws than six inches,] shall 27 be used for such purpose, nor shall a trap be set so that any wildlife 28 when caught shall be suspended. Carcasses of such birds or wildlife 29 shall be immediately buried or cremated, except that carcasses of unpro- 30 tected wildlife, and of protected wildlife other than birds if taken 31 during their respective open seasons, may be possessed, transported, 32 bought and sold to the extent permitted by section 11-0917. 33 § 3. Subdivision 9 of section 11-1903 of the environmental conserva- 34 tion law, as amended by chapter 351 of the laws of 1975, is amended to 35 read as follows: 36 9. On the premises described in the application for the license, the 37 licensee may take any unprotected wild birds, or any predatory wildlife 38 except protected birds, disturbing domestic game. Such birds or wildlife 39 may be taken at any time and in any manner, except that no trap of the 40 leg-gripping type[, having teeth in the jaws or having a greater spread 41 of jaws than six inches,] shall be used for such purpose, nor shall a 42 trap be set so that any wildlife when caught shall be suspended. 43 Carcasses of such birds or wildlife shall be immediately buried or 44 cremated, except that carcasses of unprotected wildlife, and of 45 protected wildlife other than birds if taken during their respective 46 open seasons, may be possessed, transported, bought and sold to the 47 extent permitted by section 11-0917. 48 § 4. This act shall take effect on the thirtieth day after it shall 49 have become a law.

New York Activist Lawmaker Attacks Trapping Nov 28, 2019 07:20 ET Original: New York Activist Lawmaker Attacks Trapping ====> Link to the proposed bill itself. TEXT FOR POSTERITY: NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f) BILL NUMBER: A8733 SPONSOR: Rosenthal L TITLE OF BILL: An act to amend the environmental conservation law, in relation to prohibiting the use of leg-gripping traps PURPOSE: To prohibit the use of wildlife leg-gripping traps. SUMMARY OF SPECIFIC PROVISIONS: Section one amends subdivisions 5 and 6 of 11-1101 of the environmental conservation law. Section two amends subdivision 7 of section 11-1901 of the environmental conservation law. Section three amends subdivision 9 of section 11-1903 of the environ- mental conservation law. Section four sets forth the effective date. JUSTIFICATION: Wildlife trapping is an activity licensed by the New York State Depart- ment of Environmental Conservation. The state license allows individuals to trap furbearing animals, such as beavers, raccoons, foxes and coyotes to produce fur products. Despite the availability of more humane alter- natives, such as box or cage traps, many trappers still use steel leg- gripping traps, also known as foothold traps. These traps are triggered by springs once an animal steps onto the trap, quickly clamping onto their limb and holding them in place until they are discovered by the trapper. In some regions of New York State, it may be up to 48 hours before a trapper checks on a trap. Animals caught in leg-gripping traps are immobilized, and therefore are unable to move, eat or drink, care for their young or defend themselves from predators. In some cases, animals have even been discovered chewing off their trapped limb in order to escape. The American Veterinary Medical Association is opposed to their use. LEGISLATIVE HISTORY: New bill. FISCAL IMPLICATIONS: Undetermined. EFFECTIVE DATE: This act shall take effect in 30 days. Go to top AB8733 Text: STATE OF NEW YORK 8733 2019-2020 Regular Sessions IN ASSEMBLY November 25, 2019 ___ Introduced by M. of A. L. ROSENTHAL -- read once and referred to the Committee on Environmental Conservation AN ACT to amend the environmental conservation law, in relation to prohibiting the use of leg-gripping traps The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subdivisions 5 and 6 of section 11-1101 of the environ- 2 mental conservation law, subdivision 6 as amended by chapter 47 of the 3 laws of 1975, subparagraph (b) of paragraph b of subdivision 6 as 4 amended by chapter 911 of the laws of 1990, and paragraph a of subdivi- 5 sion 6 as amended and paragraph c of such subdivision as added by chap- 6 ter 605 of the laws of 1991, are amended to read as follows: 7 5. Except as provided in subdivision 1 or 2 of section 11-0523 with 8 respect to destructive and menacing wildlife, no person shall (a) set or 9 use a trap of the leg-gripping type [having teeth in the jaws]; (b) set 10 a trap so that wildlife when caught is suspended; (c) use, locate or set 11 a snare or a device consisting of a noose of any material whereby an 12 animal may be taken. 13 6. a. No person shall set or use a trap of the leg-gripping type [(a) 14 having a spread of jaws exceeding 7 1/4" measured at right angles to the 15 axis upon which the jaws operate and excluding the gripping surface of 16 each jaw, when used under water during the open season for trapping 17 beaver or otter, or (b) in any other case], except as provided in title 18 5 or in section 11-1109[, having a spread of jaws exceeding 5-3/4" as so 19 measured]. 20 b. No person shall set or use a body gripping type trap with a dimen- 21 sion of more than 7-1/2 inches except: 22 (a) when used in water during the open season for trapping beaver and 23 otter; or 24 (b) as further permitted by the department by regulation. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD13939-01-9 A. 8733 2 1 The dimension of the body gripping trap shall be ascertained when the 2 trap is set in the extreme cocked position and shall be the maximum 3 distance between pairs of contacting body gripping surfaces except for 4 rectangular devices which shall be the maximum perpendicular distance 5 between pairs of contacting body gripping surfaces. 6 [c. Traps of the leg-gripping type having a spread of jaws exceeding 7 4" measured as described in paragraph a of this subdivision, when set on 8 land (excluding traps originally set in water) (a) shall be covered at 9 the time the trap is set or visited; if the trap becomes uncovered after 10 it is set the covering shall be replaced at the time the trap is visit- 11 ed; coverings shall include but not be limited to soil, sand, leaves, 12 needles, other plant materials, and other substances as permitted by 13 department regulation; such substances shall completely cover the jaws 14 of the trap, and (b) shall be equipped with a pan tensioning device 15 which shall include but not be limited to a bolt and nut, notches 16 grooved in the pan and dog or lever, sheer pins, a spring under the pan 17 or strip of band steel, or other devices or modifications as permitted 18 by regulation of the department.] 19 § 2. Subdivision 7 of section 11-1901 of the environmental conserva- 20 tion law, as amended by chapter 351 of the laws of 1975, is amended to 21 read as follows: 22 7. On the licensed premises the licensee may take any unprotected wild 23 bird, or any predatory wildlife except, protected birds, disturbing 24 domestic game. Such birds or wildlife may be taken at any time and in 25 any manner, except that no trap of the leg-gripping type[, having teeth 26 in the jaws or having a greater spread of jaws than six inches,] shall 27 be used for such purpose, nor shall a trap be set so that any wildlife 28 when caught shall be suspended. Carcasses of such birds or wildlife 29 shall be immediately buried or cremated, except that carcasses of unpro- 30 tected wildlife, and of protected wildlife other than birds if taken 31 during their respective open seasons, may be possessed, transported, 32 bought and sold to the extent permitted by section 11-0917. 33 § 3. Subdivision 9 of section 11-1903 of the environmental conserva- 34 tion law, as amended by chapter 351 of the laws of 1975, is amended to 35 read as follows: 36 9. On the premises described in the application for the license, the 37 licensee may take any unprotected wild birds, or any predatory wildlife 38 except protected birds, disturbing domestic game. Such birds or wildlife 39 may be taken at any time and in any manner, except that no trap of the 40 leg-gripping type[, having teeth in the jaws or having a greater spread 41 of jaws than six inches,] shall be used for such purpose, nor shall a 42 trap be set so that any wildlife when caught shall be suspended. 43 Carcasses of such birds or wildlife shall be immediately buried or 44 cremated, except that carcasses of unprotected wildlife, and of 45 protected wildlife other than birds if taken during their respective 46 open seasons, may be possessed, transported, bought and sold to the 47 extent permitted by section 11-0917. 48 § 4. This act shall take effect on the thirtieth day after it shall 49 have become a law.