senate Bill S3059B

Allows the use of spears, spearguns and underwater guns in commercial and recreational bass fishing

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 29 / Jan / 2013
    • REFERRED TO ENVIRONMENTAL CONSERVATION
  • 16 / Apr / 2013
    • 1ST REPORT CAL.284
  • 17 / Apr / 2013
    • 2ND REPORT CAL.
  • 22 / Apr / 2013
    • AMENDED 3059A
  • 22 / Apr / 2013
    • ADVANCED TO THIRD READING
  • 30 / May / 2013
    • AMENDED ON THIRD READING 3059B
  • 03 / Jun / 2013
    • PASSED SENATE
  • 03 / Jun / 2013
    • DELIVERED TO ASSEMBLY
  • 03 / Jun / 2013
    • REFERRED TO ENVIRONMENTAL CONSERVATION
  • 08 / Jan / 2014
    • DIED IN ASSEMBLY
  • 08 / Jan / 2014
    • RETURNED TO SENATE
  • 08 / Jan / 2014
    • REFERRED TO ENVIRONMENTAL CONSERVATION
  • 23 / Jan / 2014
    • 1ST REPORT CAL.40
  • 27 / Jan / 2014
    • 2ND REPORT CAL.
  • 28 / Jan / 2014
    • ADVANCED TO THIRD READING
  • 27 / Mar / 2014
    • PASSED SENATE
  • 27 / Mar / 2014
    • DELIVERED TO ASSEMBLY
  • 27 / Mar / 2014
    • REFERRED TO ENVIRONMENTAL CONSERVATION

Summary

Allows the use of spears, spearguns and underwater guns in commercial and recreational bass fishing.

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Bill Details

See Assembly Version of this Bill:
A3890B
Versions:
S3059
S3059A
S3059B
Legislative Cycle:
2013-2014
Current Committee:
Assembly Environmental Conservation
Law Section:
Environmental Conservation Law
Laws Affected:
Amd ยง13-0347, En Con L
Versions Introduced in 2011-2012 Legislative Cycle:
S4121, S5684A, A8288A

Sponsor Memo

BILL NUMBER:S3059B

TITLE OF BILL: An act to amend the environmental conservation law, in
relation to the use of spears, spearguns or underwater guns in
recreational and commercial bass fishing

PURPOSE:

Allows the use of spears, spear guns and underwater guns in commercial
and recreational bass fishing.

SUMMARY OF PROVISIONS:

Section 13-0347 of the environmental Conservation Law is amended by
adding a new subdivision 5 to authorize the taking of striped bass by
the use of spears, spear guns or underwater guns for recreational and
commercial purposes. Defines for the purpose of this subdivision, the
meaning of "spear gun" and "underwater gun" as any spear gun that
stores potential energy provided from the spear fisher's muscles only
and is used while submerged under the water. Such gun may only release
that amount of energy that the diver has provided it from such diver's
own muscles. Common temporary energy storing devices for spear guns
shall include but not be limited to rubber band, springs and sealed
air chambers.

JUSTIFICATION:

Existing New York State Department of Environmental Conservation
(NYSDEC) regulations (6.N.Y.C.R.R Section 40 1(j) (22)) currently
prohibit the use of spear guns in commercial striped bass fishing
However, NYSDEC currently allows the use of spear guns for the
recreational taking of striped bass (6 N.Y.C.R.R Section 40.1 (g)
(2)). More so, NYSDEC currently allows spear-fishing in the commercial
harvest of other fish species.

Spear-fishing is an extremely selective method of fishing as only the
target species is harvested, resulting in much lower by-catch yields.
Spear-fishing also supplies in a fresher, less bruised, higher-valued
product as it can be harvested from the water immediately.

LEGISLATIVE HISTORY:

2011-12 S.5684A/A.8288A

FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:

Immediately.

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

    S. 3059--B                                            A. 3890--B
    Cal. No. 284

                       2013-2014 Regular Sessions

                      S E N A T E - A S S E M B L Y

                            January 29, 2013
                               ___________

IN SENATE -- Introduced by Sen. LAVALLE -- read twice and ordered print-
  ed, and when printed to be committed to the Committee on Environmental
  Conservation  --  reported  favorably  from said committee, ordered to
  first and second report, amended on second report, ordered to a  third
  reading,  and  to  be reprinted as amended, retaining its place in the
  order of third reading -- again amended and ordered reprinted, retain-
  ing its place in the order of third reading

IN ASSEMBLY -- Introduced by M. of A. THIELE -- read once  and  referred
  to   the   Committee   on   Environmental  Conservation  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee -- again reported from said  committee  with  amend-
  ments, ordered reprinted as amended and recommitted to said committee

AN  ACT  to amend the environmental conservation law, in relation to the
  use of spears,  spearguns  or  underwater  guns  in  recreational  and
  commercial bass fishing

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

  Section 1. Section 13-0347 of the environmental  conservation  law  is
amended by adding a new subdivision 5 to read as follows:
  5.  THE  TAKING  OF  STRIPED  BASS  BY THE USE OF SPEARS, SPEARGUNS OR
UNDERWATER GUNS SHALL BE  AUTHORIZED  FOR  RECREATIONAL  AND  COMMERCIAL
PURPOSES.   FOR THE PURPOSES OF THIS SUBDIVISION, "SPEARGUN" AND "UNDER-
WATER GUN" MEANS ANY SPEARGUN THAT STORES POTENTIAL ENERGY PROVIDED FROM
THE SPEARFISHER'S MUSCLES ONLY AND IS USED  WHILE  SUBMERGED  UNDER  THE
WATER.  SUCH  GUN  MAY ONLY RELEASE THAT AMOUNT OF ENERGY THAT THE DIVER
HAS PROVIDED TO IT FROM SUCH DIVER'S OWN MUSCLES. COMMON TEMPORARY ENER-
GY STORING DEVICES FOR SPEARGUNS SHALL INCLUDE, BUT NOT BE  LIMITED  TO:
RUBBER BANDS, SPRINGS, AND SEALED AIR CHAMBERS.
  S 2. This act shall take effect immediately.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08077-03-3

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