S T A T E O F N E W Y O R K
S. 3823 A. 5179
2013-2014 Regular Sessions
S E N A T E - A S S E M B L Y
February 21, 2013
IN SENATE -- Introduced by Sens. ZELDIN, LAVALLE -- read twice and
ordered printed, and when printed to be committed to the Committee on
IN ASSEMBLY -- Introduced by M. of A. THIELE -- read once and referred
to the Committee on Environmental Conservation
AN ACT to amend the environmental conservation law, in relation to
defining spearguns and allowing recreational spearfishing in New
York's marine and coastal waters
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 1 of section 11-0103 of the environmental
conservation law is amended by adding a new paragraph f to read as
F. "SPEARGUN" AND "UNDER-WATER GUN" MEANS ANY SPEARGUN THAT STORES
POTENTIAL ENERGY PROVIDED FROM THE SPEARFISHER'S MUSCLES ONLY. SUCH GUN
MAY ONLY RELEASE THAT AMOUNT OF ENERGY THAT THE DIVER HAS PROVIDED TO IT
FROM SUCH DIVER'S OWN MUSCLES. COMMON TEMPORARY ENERGY STORING DEVICES
FOR SPEARGUNS SHALL INCLUDE, BUT NOT BE LIMITED TO: RUBBER BANDS,
SPRINGS, AND SEALED AIR CHAMBERS.
S 2. Subdivision 1 of section 11-1301 of the environmental conserva-
tion law is amended by adding a new paragraph c to read as follows:
C. MIGRATORY FOOD FISH OF THE SEA MAY BE TAKEN RECREATIONALLY BY
SPEAR, SPEARGUN OR SPEARING IN THE MARINE AND COASTAL DISTRICT.
S 3. This act shall take effect immediately.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.