A01893 Summary:

BILL NO    A01893 

SAME AS    SAME AS UNI. S01590

SPONSOR    Thiele

COSPNSR    

MLTSPNSR   

Amd S13-0347, En Con L

Allows the use of spears, spearguns and underwater guns in commercial and
recreational bass fishing.
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A01893 Actions:

BILL NO    A01893 

01/13/2015 referred to environmental conservation
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A01893 Votes:

There are no votes for this bill in this legislative session.
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A01893 Memo:

BILL NUMBER:A1893

TITLE OF BILL:  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

PURPOSE:

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

SUMMARY OF PROVISIONS:

Section 13-0347 of the environmental Conservation Law is amended by
adding a new subdivision 5 to authorize the taking of striped bass by
the use of spears, spear guns or underwater guns for recreational and
commercial purposes. Defines for the purpose of this subdivision, the
meaning of "spear gun" and "underwater gun" as any spear gun that
stores potential energy provided from the spear fisher'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 it from such diver's
own muscles. Common temporary energy storing devices for spear guns
shall include but not be limited to rubber band, springs and sealed
air chambers.

JUSTIFICATION:

Existing New York State Department of Environmental Conservation
(NYSDEC) regulations (6.N.Y.C.R.R Section 40.1(j) (22)) currently
prohibit the use of spear guns in commercial striped bass fishing.
However, NYSDEC currently allows the use of spear guns for the
recreational taking of striped bass (6 N.Y.C.R.R Section 40.1 (g)
(2)). More so, NYSDEC currently allows spear-fishing in the commercial
harvest of other fish species.

Spear-fishing 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.

LEGISLATIVE HISTORY:

2013-14 S.3059B/A.3890B;
2011-12 S.5684A/A.8288A

FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:

Immediately.
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A01893 Text:

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

           S. 1590                                                  A. 1893

                              2015-2016 Regular Sessions

                             S E N A T E - A S S E M B L Y

                                   January 13, 2015
                                      ___________

       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:

    1    Section  1.  Section  13-0347 of the environmental conservation law is
    2  amended by adding a new subdivision 5 to read as follows:
    3    5. THE TAKING OF STRIPED BASS BY  THE  USE  OF  SPEARS,  SPEARGUNS  OR
    4  UNDERWATER  GUNS  SHALL  BE  AUTHORIZED  FOR RECREATIONAL AND COMMERCIAL
    5  PURPOSES.  FOR THE PURPOSES OF THIS SUBDIVISION, "SPEARGUN" AND  "UNDER-
    6  WATER GUN" MEANS ANY SPEARGUN THAT STORES POTENTIAL ENERGY PROVIDED FROM
    7  THE  SPEARFISHER'S  MUSCLES  ONLY  AND IS USED WHILE SUBMERGED UNDER THE
    8  WATER. SUCH GUN MAY ONLY RELEASE THAT AMOUNT OF ENERGY  THAT  THE  DIVER
    9  HAS PROVIDED TO IT FROM SUCH DIVER'S OWN MUSCLES. COMMON TEMPORARY ENER-
   10  GY  STORING  DEVICES FOR SPEARGUNS SHALL INCLUDE, BUT NOT BE LIMITED TO:
   11  RUBBER BANDS, SPRINGS, AND SEALED AIR CHAMBERS.
   12    S 2. This act shall take effect immediately.



        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD03078-01-5
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