senate Bill S3823B

Amended

Allows recreational spearfishing in New York's marine and coastal waters; and provides for the repeal of such provisions upon expiration thereof

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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

  • 21 / Feb / 2013
    • REFERRED TO ENVIRONMENTAL CONSERVATION
  • 16 / Apr / 2013
    • 1ST REPORT CAL.286
  • 17 / Apr / 2013
    • AMENDED 3823A
  • 17 / Apr / 2013
    • 2ND REPORT CAL.
  • 22 / Apr / 2013
    • ADVANCED TO THIRD READING
  • 20 / May / 2013
    • AMENDED ON THIRD READING 3823B
  • 29 / May / 2013
    • PASSED SENATE
  • 29 / May / 2013
    • DELIVERED TO ASSEMBLY
  • 29 / May / 2013
    • REFERRED TO ENVIRONMENTAL CONSERVATION
  • 08 / Jan / 2014
    • DIED IN ASSEMBLY
  • 08 / Jan / 2014
    • RETURNED TO SENATE
  • 08 / Jan / 2014
    • REFERRED TO ENVIRONMENTAL CONSERVATION
  • 11 / Feb / 2014
    • 1ST REPORT CAL.167
  • 26 / Feb / 2014
    • 2ND REPORT CAL.
  • 27 / Feb / 2014
    • ADVANCED TO THIRD READING
  • 03 / Mar / 2014
    • PASSED SENATE
  • 03 / Mar / 2014
    • DELIVERED TO ASSEMBLY
  • 03 / Mar / 2014
    • REFERRED TO ENVIRONMENTAL CONSERVATION
  • 06 / Jun / 2014
    • RECALLED FROM ASSEMBLY
  • 06 / Jun / 2014
    • RETURNED TO SENATE
  • 09 / Jun / 2014
    • VOTE RECONSIDERED - RESTORED TO THIRD READING
  • 09 / Jun / 2014
    • AMENDED ON THIRD READING 3823C
  • 17 / Jun / 2014
    • SUBSTITUTED BY A5179C

Summary

Allows recreational spearfishing in New York's marine and coastal waters; defines "spear gun" and "under-water gun" and provides for the repeal of such provisions upon expiration thereof.

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Bill Details

Versions:
S3823
S3823A
S3823B
S3823C
Legislative Cycle:
2013-2014
Law Section:
Environmental Conservation Law
Laws Affected:
Amd ยงยง11-0103 & 11-1301, En Con L
Versions Introduced in 2011-2012 Legislative Cycle:
A10109

Sponsor Memo

BILL NUMBER:S3823B

TITLE OF BILL: 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

PURPOSE OR GENERAL IDEA OF BILL: Allows recreational spearfishing in
New York's marine and coastal waters.

SUMMARY OF SPECIFIC PROVISIONS: Subdivision 1 of Section 11-0103 of
the Environmental Conservation Law is amended by adding a new
paragraph f to-provide a definition for "speargun" and "under-water
gun". Spearguns and under-water guns may only be used while submerged
under the water, and such guns may only release the amount of energy
that the diver has provided to it from such diver's own muscle.

Subdivision 1 of Section 11-1301 of the Environmental Conservation Law
is amended by adding a new paragraph c to expand the species of fish
that may be taken recreationally by sneer, speargun or spearing in the
marine and coastal district. However, no fish may be taken by speargun
or under-water gun within 100 yards of a designated or marked public
bathing area.

JUSTIFICATION: Spearfishing with spearguns has been an active form of
fishing in Long Island waters for over 60 years. Those experienced in
the sport have received intensive training, Possess advanced
certifications and are extremely mindful and observant of underwater
ecosystems.

Spearfishing has a comparatively low impact on the New York Fishery
and mortality is well below accepted levels based on the Marine
Recreational Information Program data source. It 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. This type of fishing does not
create any secondary environmental impacts resulting from sources such
as discarded fishing lines and hooks which, left behind or
inappropriately discarded, may threaten both marine wildlife and
humans alike.

Existing New York State Department of Environmental Conservation
(NYSDEC) regulations currently allows the use of spearguns for the
recreational taking of striped bass (6 N.Y.C.R.R. Section 40.1(g)(2)).
This legislation would also permit food fish of the sea to be taken
recreationally by spear, speargun or spearing in the marine and
coastal district, but would restrict any taking within 100 yards of a
designated and marked public bathing area, as is done in the state of
Florida. It also provides a clear definition of "speargun" and
"Under-water gun" which has been developed by the Underwater Society
of America for muscle-powered guns.

PRIOR LEGISLATIVE HISTORY: 2012: A.10109

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: Effective immediately.


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

    S. 3823--B                                            A. 5179--B
    Cal. No. 286

                       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
  Environmental  Conservation -- reported favorably from said committee,
  ordered to first report, amended on first report, ordered to a  second
  report  and  ordered  reprinted,  retaining  its place in the order of
  second report -- reported favorably from said committee to third read-
  ing, amended and ordered reprinted, retaining 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
  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
follows:
  F.  "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 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:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08356-04-3

S. 3823--B                          2                         A. 5179--B

  C.  FOOD FISH MAY BE TAKEN RECREATIONALLY BY SPEAR, SPEARGUN OR SPEAR-
ING IN THE MARINE AND COASTAL DISTRICT.  PROVIDED, HOWEVER, THAT NO FOOD
FISH MAY BE TAKEN RECREATIONALLY BY SPEAR, SPEARGUN OR  SPEARING  WITHIN
ONE HUNDRED YARDS OF A DESIGNATED AND MARKED PUBLIC BATHING AREA.
  S 3. This act shall take effect immediately.

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