senate Bill S3823A

Signed By Governor
2013-2014 Legislative Session

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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Sponsored By

Archive: Last Bill Status Via A5179 - Signed by Governor


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

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Nov 21, 2014 signed chap.435
Nov 10, 2014 delivered to governor
Jun 17, 2014 returned to assembly
passed senate
3rd reading cal.167
substituted for s3823c
Jun 17, 2014 substituted by a5179c
Jun 09, 2014 amended on third reading 3823c
vote reconsidered - restored to third reading
Jun 06, 2014 returned to senate
recalled from assembly
Mar 03, 2014 referred to environmental conservation
delivered to assembly
passed senate
Feb 27, 2014 advanced to third reading
Feb 26, 2014 2nd report cal.
Feb 11, 2014 1st report cal.167
Jan 08, 2014 referred to environmental conservation
returned to senate
died in assembly
May 29, 2013 referred to environmental conservation
delivered to assembly
passed senate
May 20, 2013 amended on third reading 3823b
Apr 22, 2013 advanced to third reading
Apr 17, 2013 2nd report cal.
amended 3823a
Apr 16, 2013 1st report cal.286
Feb 21, 2013 referred to environmental conservation

Votes

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Feb 11, 2014 - Environmental Conservation committee Vote

S3823B
9
2
committee
9
Aye
2
Nay
1
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show committee vote details

Committee Vote: Feb 11, 2014

nay (2)
aye wr (1)

Jun 4, 2013 - Environmental Conservation committee Vote

S3823
7
0
committee
7
Aye
0
Nay
5
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show committee vote details

Committee Vote: Jun 4, 2013

Apr 16, 2013 - Environmental Conservation committee Vote

S3823
7
0
committee
7
Aye
0
Nay
5
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show committee vote details

Committee Vote: Apr 16, 2013

Bill Amendments

Original
A
B
C (Active)
Original
A
B
C (Active)

Co-Sponsors

S3823 - Bill Details

See Assembly Version of this Bill:
A5179A
Law Section:
Environmental Conservation Law
Laws Affected:
Amd §§11-0103 & 11-1301, En Con L
Versions Introduced in 2011-2012 Legislative Session:
A10109

S3823 - Bill Texts

view 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.

view sponsor memo
BILL NUMBER:S3823

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".

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 spear, speargun or spearing in the
marine and coastal district.

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 migratory food fish of the sea to
be taken recreationally by spear, speargun or spearing in the marine
and coastal district. 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.

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                    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
  Environmental Conservation

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
follows:
  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.
                                                           LBD08356-01-3

Co-Sponsors

S3823A - Bill Details

See Assembly Version of this Bill:
A5179A
Law Section:
Environmental Conservation Law
Laws Affected:
Amd §§11-0103 & 11-1301, En Con L
Versions Introduced in 2011-2012 Legislative Session:
A10109

S3823A - Bill Texts

view 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.

view sponsor memo
BILL NUMBER:S3823A

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".

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 spear, speargun or spearing in the
marine and coastal district.

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. 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.

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

    S. 3823--A                                            A. 5179--A
    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

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

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.  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.  FOOD FISH MAY BE TAKEN RECREATIONALLY BY SPEAR, SPEARGUN OR SPEAR-
ING 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.
                                                           LBD08356-02-3

Co-Sponsors

S3823B - Bill Details

See Assembly Version of this Bill:
A5179A
Law Section:
Environmental Conservation Law
Laws Affected:
Amd §§11-0103 & 11-1301, En Con L
Versions Introduced in 2011-2012 Legislative Session:
A10109

S3823B - Bill Texts

view 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.

view 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 full text
download pdf
                    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.

Co-Sponsors

S3823C (ACTIVE) - Bill Details

See Assembly Version of this Bill:
A5179A
Law Section:
Environmental Conservation Law
Laws Affected:
Amd §§11-0103 & 11-1301, En Con L
Versions Introduced in 2011-2012 Legislative Session:
A10109

S3823C (ACTIVE) - Bill Texts

view 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.

view sponsor memo
BILL NUMBER:S3823C

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; and providing for the repeal
of such provisions upon expiration thereof

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 spear, 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 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 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: On the 90th day with provisions.


view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 3823--C
    Cal. No. 167

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            February 21, 2013
                               ___________

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  reading,  amended
  and ordered reprinted, retaining its place in the order of third read-
  ing  --  recommitted to the Committee on Environmental Conservation in
  accordance with Senate Rule 6, sec. 8 -- reported favorably from  said
  committee,  ordered  to  first  and  second report, ordered to a third
  reading, passed by Senate and delivered  to  the  Assembly,  recalled,
  vote  reconsidered,  restored  to  third  reading, amended and ordered
  reprinted, retaining its place in the order of third reading

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; and providing for the repeal of such
  provisions upon expiration thereof

  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.
                                                           LBD08356-05-4

S. 3823--C                          2

  C.  EXCEPT  AS OTHERWISE PROHIBITED BY LAW, FISH MAY BE TAKEN BY SPEAR
OR SPEARGUN IN THE MARINE AND COASTAL  DISTRICT  ONLY  FOR  RECREATIONAL
PURPOSES.  A  SPEARGUN  MUST  BE  SUBMERGED  WHEN  USED  TO  TAKE  FISH.
PROVIDED, HOWEVER, THAT NO FOOD FISH MAY BE TAKEN BY SPEAR  OR  SPEARGUN
WITHIN ONE HUNDRED YARDS OF A PUBLIC BATHING AREA.
  S  3.  This  act shall take effect on the ninetieth day after it shall
have become a law and shall expire and be deemed repealed June 1, 2017.

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