Senate Bill S4817A

2017-2018 Legislative Session

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

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Archive: Last Bill Status - In Senate Committee Rules Committee


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

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Bill Amendments

2017-S4817 - Details

See Assembly Version of this Bill:
A6312
Current Committee:
Senate Rules
Law Section:
Environmental Conservation Law
Laws Affected:
Amd §§11-1301 & 13-0347, En Con L
Versions Introduced in Other Legislative Sessions:
2011-2012: S5684, A8288
2013-2014: S3059, A3890
2015-2016: S1590, A1893
2019-2020: S3713, A5506

2017-S4817 - Summary

Allows the use of spears or spearguns in commercial and recreational bass fishing.

2017-S4817 - Sponsor Memo

2017-S4817 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
     S. 4817                                                  A. 6312
 
                        2017-2018 Regular Sessions
 
                       S E N A T E - A S S E M B L Y
 
                               March 2, 2017
                                ___________
 
 IN SENATE -- Introduced by Sen. LAVALLE -- read twice and ordered print-
   ed, 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  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.
   § 2. This act shall take effect immediately.
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07156-01-7



              

2017-S4817A (ACTIVE) - Details

See Assembly Version of this Bill:
A6312
Current Committee:
Senate Rules
Law Section:
Environmental Conservation Law
Laws Affected:
Amd §§11-1301 & 13-0347, En Con L
Versions Introduced in Other Legislative Sessions:
2011-2012: S5684, A8288
2013-2014: S3059, A3890
2015-2016: S1590, A1893
2019-2020: S3713, A5506

2017-S4817A (ACTIVE) - Summary

Allows the use of spears or spearguns in commercial and recreational bass fishing.

2017-S4817A (ACTIVE) - Sponsor Memo

2017-S4817A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
     S. 4817--A                                            A. 6312--A
 
                        2017-2018 Regular Sessions
 
                       S E N A T E - A S S E M B L Y
 
                               March 2, 2017
                                ___________
 
 IN SENATE -- Introduced by Sen. LAVALLE -- read twice and ordered print-
   ed, and when printed to be committed to the Committee on Environmental
   Conservation  -- recommitted to the Committee on Environmental Conser-
   vation  in  accordance  with  Senate  Rule  6,  sec.  8  --  committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee
 
 IN  ASSEMBLY  -- Introduced by M. of A. THIELE -- read once and referred
   to the Committee on Environmental Conservation -- recommitted  to  the
   Committee  on  Environmental  Conservation in accordance with Assembly
   Rule  3,  sec.  2  --  committee  discharged,  bill  amended,  ordered
   reprinted as amended and recommitted to said committee
 
 AN  ACT  to  amend  the  environmental  conservation law, in relation to
   recreational and commercial 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. Paragraph c of subdivision 1  of  section  11-1301  of  the
 environmental  conservation  law, as added by chapter 435 of the laws of
 2014, is amended to read as follows:
   c. Except as otherwise prohibited by law, fish may be taken  by  spear
 or  speargun  in the marine and coastal district [only] for recreational
 AND COMMERCIAL 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.
   § 2. Section 13-0347 of the environmental conservation law is  amended
 by adding a new subdivision 5 to read as follows:
   5. STRIPED BASS MAY BE TAKEN IN NEW YORK'S MARINE AND COASTAL DISTRICT
 FOR ALL PURPOSES BY USE OF A SPEAR OR SPEARGUN AS DEFINED BY PARAGRAPH F
 OF SUBDIVISION ONE OF SECTION 11-0103 OF THIS CHAPTER.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07156-04-8
              

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