NY State Senate Bill 2019-S3713

Senate Bill S3713

2019-2020 Legislative Session

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

download bill text pdf

Archive: Last Bill Status - In Senate Committee Environmental Conservation 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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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 08, 2020	referred to environmental conservation
Feb 13, 2019	referred to environmental conservation

2019-S3713 (ACTIVE) - Details

See Assembly Version of this Bill:: A5506
Current Committee:: Senate Environmental Conservation
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
2017-2018: S4817, A6312

2019-S3713 (ACTIVE) - Summary

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

2019-S3713 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S3713

SPONSOR: LAVALLE
 
TITLE OF BILL:

An act to amend the environmental conservation law, in relation to
recreational and commercial spearfishing in New York's marine and coas-
tal waters

 
PURPOSE:

This bill amends two sections of the environmental conservation law
regarding the use spear guns in commercial fishing for all species
including striped bass.

 
SUMMARY OF PROVISIONS:

Section 1. Paragraph c of subdivision 1 of section 11-1301 of the envi-
ronmental conservation law is amended to allow for the taking of fish by
spear or spear gun in the marine and coastal district for recreational
and commercial purposes.

Section 2. Amends section 13-0347 of the environmental conservation law
by adding a new subdivision 5 to authorize the taking of striped bass by
the use of spear or spear gun for recreational commercial purposes.

Section 3. Sets forth the effective date.

 
JUSTIFICATION:

Prior to enactment of Chapter 435 of the Laws of 2014, striped bass had
been the only species prohibited from being taken by spear or spear gun
for commercial purposes in New York's marine district.  Chapter 435
authorized the taking of all fish in this manner for recreational
purposes only, which prohibited spearfishing for all other species for
commercial purposes in the marine district (blackfish, black seabass,
scup, bluefish etc).

This amendment omits the word "only" from the provisions of Chapter 435
to authorize the taking of fish by spear or spear gun for recreational
and commercial purposes. Further, this legislation ads language under
section 13-0347 of the environmental conservation law relating to the
taking of striped bass in New York's marine and coastal district to keep
it consistent with the provisions of section 11-0103 thereby clarifying
that the taking of striped bass is authorized for all purposes. It is
important to note that this amendment does not authorize any additional
taking of striped bass for commercial purposes as it does not increase
the number of bass tags for a commercial fisherman who chooses to use
spear fishing to take this allocation. Each fish shot will have to have
one bass tag affixed to it in order to be sold lawfully.

 
LEGISLATIVE HISTORY:

2017-18 S.4817A/A.6312A;

2015-16 S.1590/A.1893;

2013-14 S.3059B/A.3890B;

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

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
Immediately, provided, however, that the amendments to paragraph c of
subdivision 1 of section 11-1301 of the environmental conservation law
made by section one of this act shall not affect the repeal of such
paragraph and shall be deemed repealed therewith.

2019-S3713 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
     S. 3713                                                  A. 5506
 
                        2019-2020 Regular Sessions
 
                       S E N A T E - A S S E M B L Y
 
                             February 13, 2019
                                ___________
 
 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 -- Multi-Sponsored by -- M.
   of  A. FITZPATRICK -- read once and referred to the Committee on Envi-
   ronmental Conservation
 
 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.
   § 3. This act shall take effect immediately, provided,  however,  that
 the amendments to paragraph c of subdivision 1 of section 11-1301 of the
 environmental conservation law made by section one of this act shall not
 affect  the repeal of such paragraph and shall be deemed repealed there-
 with.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03215-01-9

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